1. Describe the objectives of tort law. 2. Describe the four elements of negligence that a plaintiff...
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Question:
- 1. Describe the objectives of tort law.
- 2. Describe the four elements of negligence that a plaintiff must establish in a negligence suit.
- 3. Read the case study below and answer the questions.
- Case Study: Doe v. Marx
- A woman, J. Doe, with early signs of breast cancer goes to see her physician, Dr. Marx, for a checkup, during which she mentions that she has noticed a small lump in her left breast. Dr. Marx fails to order a mammogram to test for breast cancer. One year later, her breast cancer had spread significantly, and she is required to go through many months of chemotherapy and ends up with a mastectomy of her left breast.
- What type of negligent tort is this case?
- Who is the plaintiff? Who is the defendant?
- There are three basic forms of negligence, malfeasance, misfeasance and nonfeasance. What form of negligence is specific to this case? Provide the evidence in this case to support your decision.
- List, in order, and describe the four elements of negligence as related to the evidence in this case.
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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