Need To Prove Negligence Essay

Length: 2 pages Sources: 1 Subject: Criminal Justice Type: Essay Paper: #23457558 Related Topics: Police Department, Car Accident
Excerpt from Essay :

Ramberg v. Morgan

Case Summary

In terms of the Doctrine of Respondent Superior, the employer of the sued doctor would be or could be liable for the actions or inactions of Dr. Morgan. In this case, the police agency would be the party that is liable. In this matter, Mr. Ramberg was struck by a car and his body was thrown a couple dozen feet. The driver of the car that struck Ramberg is the person who called police. Upon showing up, there was only one of blood on the decedent but there was no sign of any fractures or other issues. Indeed, he deemed the man to simply being intoxicated. After the examination concluded, Ramberg was put in a cell and was basically ignored. He acted very much like a drunk would act. However, as it turns out he had pressure/bleeding in his brain and it eventually killed him.

Elements of Negligence

The question to be answered for the case was whether Miller was negligent in his wrong

...

More to the point, the question became whether or not Ramberg would have died had Miller diagnoses the patient correctly. Upon examination of the court, it was found that such injuries (such as the one sustained by Ramberg) are quite often (if not usually) fatal and the chance of Ramberg surviving would little to none even if he had been rushed to a hospital right away. Again, the question became whether Ramberg would have lived had Morgan concluded the proper diagnosis. A prior court suggested he erred and awarded about $5,000 (in 1920's money) to the plaintiff.

Duty to Care

Morgan obviously had a duty to care and he did precisely that. He showed up when called (and that was an hour after the accident), he did a thorough examination and he came to a conclusion that he believed to be correct based on the evidence he could verify and what he could observe.

Breach of Duty

The police department that temporarily held him (even when someone tried to take him home at one point) may have had some neglect involved relating to Mr. Ramberg but the outcome for the police holding him probably would have been the same as it was for Morgan. Morgan thought he was drunk so the police treated him like a drunk. The police were not qualified to make a different diagnosis.…

Sources Used in Documents:

References

CaseText. (2015). Casetext.com. Retrieved 13 June 2015, from https://casetext.com/case/ramberg-v-morgan


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