Research Paper on "Florida Negligence Analysis Legal Claims"
Research Paper 4 pages (1203 words) Sources: 5
[EXCERPT] . . . .
It is foreseeable that car collisions cause injuries to drivers and passengers. Thus, Ann was the proximate cause of his leg injury.Damages
The final necessary element is damages. The plaintiff must have suffered an injury. The injury can be physical, financial, or damage to property. Here, Cal suffered serious injury to his legs that resulted in both legs being amputated. So, Ann is liable for any and all expenses, pain and suffering, and subsequent loss of income resulting from this injury.
Negligence- Doctor
The third claim that Cal can bring is negligence against the Doctor. The specific type of negligence in this case is commonly referred to as medical malpractice. Negligence is the failure of an individual to use reasonable care. Under Florida law, negligence has four components that must be met in order for damages to be obtained.
Legal Duty
A plaintiff must prove that the negligent person had a legal duty to use reasonable care in protecting the injured person. Under Florida law, the requirement is that the standard of care is one of a "reasonably prudent person." The standard of care specifically would be a reasonably prudent doctor. Here, the doctor owes Cal a duty to perform the surgery without any incidents and according to standard surgical protocol.
Breach of Duty
The second requirement is that Cal prove that the doctor breached this duty. A breach of duty is failure to conform to the standard of care. Here, the doctor performed the surgery but accidentally left a metal clamp in Cal's leg.
Under Florida
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. Here, medical instruments are never to be left in patients. The fact that the instrument was found and subsequently removed is proof that the doctor breached his legal duty. No further evidence of breach is required.
Causation
The third requirement is causation. In a res ipsa loquitor case, there is causation in fact. Cal would not have suffered the pain or required a subsequent surgical removal of the clamp were it not for the Doctor's negligence. Thus, causation is directly proven.
Damages
The final necessary element is damages. The plaintiff must have suffered an injury. Here, Cal suffered great pain after the surgery until the instrument was found. He also had to undergo another surgery to remove the medical instrument. Thus, Cal has clear damages from the incident.
Under Florida law, Cal can fully recover his physical damages for the actual surgery. Cal is limited, however, to only collecting $500,000 for his pain and suffering. Additionally, because this was a clear res ipsa loquitor case, Cal can also recover up to $500,000 in punitive damages
Conclusions
Cal has three legitimate claims that he can file and collect damages for. Cal can file against Abe for causing the accident and the minor injury to his head. Cal can file against Ann for causing the second collision and the subsequent amputation of his legs. Finally, Cal can file against the Doctor for negligently leaving a clamp in his leg.
57A AM JUR. 2D Negligence [section] 87
Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005)
Stevens v. Jefferson, 436 So. 2d 33, 35
Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005)
Florida Code TITLE XLV TORTS Chapter 768 NEGLIGENCE PART II DAMAGES (ss. 768.71-768.81) 768.81 Comparative fault.
Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005)
Restatement (Third) of Torts section 17… READ MORE
Quoted Instructions for "Florida Negligence Analysis Legal Claims" Assignment:
The paper must follow these guidelines:
Double-spaced Times New Roman (12) font One-inch margins all around Five complete pages Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash, a car driven by Ann hits the two cars disabled from the first crash.
Cal, a passenger in Abe’s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann’s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him, correctly, that he will lose both legs unless he consents to an immediate particular type of surgery which may save his legs. Doctor does not inform Cal that this type of surgery, if successful, will mean that his repaired knees will need artificial replacements within the next fifteen years. Cal, not knowing about the risk of knee replacement, agrees to the surgery, which Doctor performs but is not successful in saving his legs. Cal can never walk again. Also, Doctor accidentally leaves a metal clamp inside Cal’s leg after sewing the leg up. This clamp causes great pain until it is discovered and removed.
Cal comes to your law office to determine what his legal rights are and who may be liable for his injuries.
After reviewing the facts and researching the applicable law, you should address the following in your research paper:
Identify who Cal can sue and explain why.
Identify the torts that will be the basis for the lawsuits and explain why.
Find statutory and case law that supports Cal's position in each of the possible lawsuits you have identified and cite the authority where appropriate. You must include citation to legal authority in your paper. All cites should be in Blue Book form. NOTE: Wikipedia is NOT an acceptable source due to the fact that it can be changed by almost anyone with a computer.
The project will consist of a 5 page research paper based on these facts: Based on Florida Law Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash, a car driven by Ann hits the two cars disabled from the first crash.
Cal, a passenger in Abe*****s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann*****s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him, correctly, that he will lose both legs unless he consents to an immediate particular type of surgery which may save his legs. Doctor does not inform Cal that this type of surgery, if successful, will mean that his repaired knees will need artificial replacements within the next fifteen years. Cal, not knowing about the risk of knee replacement, agrees to the surgery, which Doctor performs but is not successful in saving his legs. Cal can never walk again. Also, Doctor accidentally leaves a metal clamp inside Cal*****s leg after sewing the leg up. This clamp causes great pain until it is discovered and removed. Based on Florida Law Cal comes to your law office to determine what his legal rights are and who may be liable for his injuries.
After reviewing the facts and researching the applicable law, you should address the following in your research paper:
Identify who Cal can sue and explain why.
Identify the torts that will be the basis for the lawsuits and explain why.
Find statutory and case law that supports Cal's position in each of the possible lawsuits you have identified and cite the authority where appropriate.
How to Reference "Florida Negligence Analysis Legal Claims" Research Paper in a Bibliography
“Florida Negligence Analysis Legal Claims.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/identify-torts-basis-lawsuits-explain/2652311. Accessed 27 Sep 2024.
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