Chapter 5 - Question 4 Malpractice is a type of negligence...

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Question 4 Malpractice is a type of negligence in which a professional under a duty to act fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. In our case Danny and Marion Klein were injured when part of a firework exploded near them. They sued Pyrodyne Corp., the pyrotechnic company that was hired to set up and discharge the fireworks. I believe that the court will agree with Kleins that Pyrodyne Corp. should be strictly liable for damage caused by firework display. Court will consider the following factors in making decision: 1. Duty of professional. Malpractice accrued from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another. Malpractice typically occurs if a professional fails to exercise the professional skills at the level of care, skill and learning applied in similar circumstances by the average reputable member of the profession. In our case the firm clearly failed to use an adequate level of care and as a result
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This note was uploaded on 03/11/2011 for the course ACC 101 taught by Professor Corolinsky during the Spring '11 term at SUNY Albany.

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Chapter 5 - Question 4 Malpractice is a type of negligence...

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