Sunday, November 24, 2013

Negligence

Negligence can be defined as the accident to exercise the degree of care that the law requires for the protection of dismantle people. Professionals much(prenominal) as doctors, nurses, solicitors, accountants etc. have a effective duty to take responsible care of their clients/patients. When such(prenominal) professionals run down to exercise their duty of care, they can be sued in a court of law for professional neglectfulness. Professional thoughtlessness therefore, occurs when such professionals fail toexercise their duty of care resulting in modify to a client. A doctrine of negligence was put in prepare after the O Donoghue V. Stevenson ( or Paisley Snail) casing of 1932. turn tail O Donoghue cl demanded damages from Mr. Stevenson after purchasing a bottle of ginger beer containing a decomposed snail . Mr Stevenson (the manufacturer) was found conceivable because he failed to exercise his duty of care which was to ensure that his overlap was fit for human cons umption. The initial cl ram was £500 but Mr Stevenson appealed and the case was brought back to court. However Mr Stevenson died before a labour ruling could be made, therefore the case was settled two-timing(a) of court for less than the original claim. The doctrine od negligence put in place following this case had the aim of providing compensation to the innocent victim (plaintiff), not to punish the defendant.
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The Irish court apply the professional standard model to raw cases of medical negligence. This test was laid down by the supreme Court in the case of Dunne v. National Maternity hospital 1989 . It was concerned with twins, one whom died! at childbirth and the other whod suffered severe brain damage that according to the childs parents ( the plaintiff ,) was collectable to the medical staff that monitored the twins before birth and delieverd them. . The coercive Court stated that the practitioner must act with the reasonable care of a practitioner of equal specialist work and care or a doctor shall not be found guilty of negligence if he has acted in accordance...If you fate to get a full essay, order it on our website: OrderCustomPaper.com

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