Unit 2 Medical MalpracticeTracy Elmore

Unit 2 Medical MalpracticeTracy Elmore - Unit 2 Medical...

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Unit 2 Medical Malpractice Tracy Elmore The specific types of injuries that could be claimed in this case are as follows: Concurrent Negligence - Negligence of two of more persons acting independently; the plaintiff may sue both, together or separately. Dr. Sears and Dr. Jenkins and the nurse did not use caution when doing the initial surgery and perforated the bowel. Culpable Negligence - Recklessly acting without reasonable caution and putting another person at risk of injury or death. If Dr. Sears did smell of alcohol this would pertain to his recklessness. Negligent infliction of emotional distress - The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual. If one fails in this duty and unreasonably causes emotional distress to another person, that actor will be liable for monetary damages to the injured individual. The tort is to be contrasted with intentional infliction of emotional distress in that there is no need to prove intent to inflict distress. That is,
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