Tort Law Case Study Example | Topics and Well Written Essays - 750 words

Tort Law - Case Study Example ‘ACE sports’, as the organisation, was responsible for building the brand new backboard and rim in the school playground where the accident took place. It can be ascertained as one of the potentially liable entities in this scenario as depicted a significant extent of negligence in preparing the backboard and especially rim. The rim had small loose metal prices which can be a result of a lack of focus on product quality by the company. It should have given top priority towards ensuring and building a safe and a secure sporting arena. Also, the topmost priority should have been given to the fact that all those athletes (mainly school students) who were involved in this activity were needed to be assured of proper first aid facilities in the arena itself. Moreover, the surgeon and the nurse had made contributions in Bobby’s surgery but they could have assisted Booby in a better manner. Based on the provided instance, it seemed that the surgery was completed in such a hurry that it got declared that by mistake Bobby’s left wrist got amputated instead of his right. Consequently, it is found that in order to address the scenario an additional corrective surgery took place which resulted in Bobby losing his both wrists. This scenario refers to severe negligence from the part of doctors as in such a critical medical exigency the concerned authorities depicted a lack of focus towards their work which became fatal for an innocent individual Bobby. Also, the nurse who assisted Bobby seemed to perform those activities that did not make much of a sense. The nurse told Bobby to put pressure on his wounds that do not seem appropriate at all. Moreover, there was huge gap that seemed to exist from the part of City General hospital as it did not seem to comply with basic medical standards. The hospital did not provide medical services to Bobby as he was running out of finance and during the time of emergency, Bobby’s mother did not receive any kind of response from the insurance agencies as well (Smith, 2009). Occurrences of these events ended up in Bobby getting refused in terms of receiving proper treatment at the City General hospital and he had to be shifted to a local country facility for undergoing treatment in an urgent basis (Lafferty, 2008; Statsky, 2011). Elements of Negligence There are essentially four elements of negligence that seem to reflect from the part of the healthcare professionals: Duty: The first and foremost aspect in a healthcare unit is to perform one’s duty in an orderly and appropriate manner. If anyone is found to be not complying with the medical standards in performing his/her basic duties then it can result in negligence (Okrent, 2009; Statsky, 2011). Breach: These aspects are considered to take place when one does not seem to obey the medical or industrial standards and comply with the basic rules (Statsky, 2011). Causation: It is an act which generally reflects inappropriate behavi or from the part of the medial care unit that results in causing harm to the patients who undergo treatment (Statsky, 2011). Damage: Damage is a very serious element of negligence which brings about harm to a patient in the matters associated with health and safety (Statsky, 2011). All the elements of negligence apply to ACE Sports, the nurse, the surgeon and City General as all of them were found to be involved in activities that greatly