1. Display through your discussion answer an understanding of the four required elements for negligence.

2. Display through your discussion answer an understanding of vicarious liability and respondent superior.

Discussion Questions:

1. List the four elements necessary to proof the non intentional tort of Negligence. Give an example of negligence in the delivery of health care, citing each element your fact example.

2. As your text indicates, a health care provider can be held liable for the negligence of others, even though the provider has not been personally negligent. Vicarious Liability is based upon the principle of Respondent Superior-let the superior respond for the negligence of employees or agents. Liability under the theory of respondent superior does not depend on employment, but whether the person was under the direction or control of the superior. Give an example of Vicarious Liability perhaps in your professional setting.

3. In Cook County, an Illinois trial court jury initially awarded over $40,000,000 in damages to a young plaintiff violinist who was dragged from a train because her violin case was caught in between the train doors. This dragging by the train caused extreme musculoskeletal injuries which will require a lifetime of medical care and altered this premier protg's violinist's career. The $40,000,000 damage award was partially due to the fact that the railroad eliminated, for cost saving reasons, the conductor who looks down the track after each stop, to make sure the track is clear, and all passengers have safely boarded. The Conductor look was replaced with door sensor technology, that if the door was not completely shut, the train would not move. Do you agree or disagree with this damage award in this Negligence case? Give reasons for your position.

4. Johnson & Johnson was recently ordered to pay over $520 million dollars to plaintiffs in the Oklahoma Oxycontin case whereby Johnson & Johnson was found responsible for the public health addiction crisis due their manufacturing, marketing, and distributing of the oxycontin drug. Google the case to find out more of the facts and state your position whether your agree or disagree with the courts holding and dollar amount of the award.

Answer rating: 100% (QA)

1 The four elements necessary to prove the nonintentional tort of negligence are Duty of Care The defendant must have owed a duty of care to the plaintiff In the context of healthcare healthcare provi... View the full answer