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Negligence
a) Elements of Negligence
Your son sustains a deep laceration on the leg, and you decide to bring him to the hospital for the doctor to perform the routine check-up and at the same time dress the wound. You stop the bleeding, disinfect, and gauze the wound before leaving the house. At the hospital, the doctor, in a rush, performs the regular check-up, and then embarks on addressing the wound. He does appear fazed and hastily makes an assumption that it would require no more than a few stitches. He takes tools from the top of the examination table, and uses them on your son's one-hour-old wound; not knowing that they had been used to treat a child with an infection. The hospital policy requires doctors to only use sterilized tools from designated drawers. A week later, your son's wound becomes discolored, and he gets increasingly unwell. You return to the doctor but he feigns...
The doctor was then supposed to act in line with the regulations governing the medical community, and as other physicians in a similar situation would have acted.
Breach: once the duty of care has been established, the doctor is supposed to treat the patient with reasonable care, and in line with the actions and procedures governing the practice (Bal, 2009). By using tools from the top of the table, other than sterilized ones from inside the drawers, the doctor breached office protocol, and put your son's life in danger.
Injury: your son contracted an infection as a direct result of the doctor's action. For the suit to be successful,…
References
Bal, B.S. (2009). An Introduction to Medical Malpractice in the United States. Clin Orthop Relat Res, 467(2), 339-347.
Bedard, M.K. (2008). When is a Hospital Liable for a Physician's Malpractice: Who's on first When It Comes to Liability -- the Doctor or the Hospital? Look to Ostensible Agency. Plaintiff Magazine. Retrieved 29 June 2014 from http://plaintiffmagazine.com/July08%20articles/Bedard_When%20is%20a%20hospital%20liable%20for%20a%20physicians%20malpractice_Plaintiff%20magazine.pdf
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