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How is negligence applied to health care law?
Member rating: No Rating | Words: | Submitted: Fri Jan 28 2005
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HOW IS NEGLIGENCE APPLIED TO HEALTH CARE LAW? Negligence is the most important field of medical law as it governs most activities of modern society but it was first established in tort law and the principles that govern it were later related to medical law. In a nutshell, to establish negligence, you have to show the "ABCs" of negligence: (a) a duty of care must exist between the person injured and the person responsible for that injury; (b) conduct of the defendant fell short of that duty of care; and (c) resultant damages. The law of negligence is one aspect, indeed a very major aspect, of the law of tort. One way in which a person can become legally liable to another by breaking a contract. A contract is an agreement which the law is prepared to enforce, and this "enforcement" amounts at least to the consolation of getting damages-money-if the agreement...
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