Negligence

Negligence can be defined as the tragedy to exercise the degree of care that the law requires for the protection of break in people. Professionals much(prenominal) as doctors, nurses, solicitors, accountants etc. have a ratified duty to take responsible care of their clients/patients. When much(prenominal) professionals wear out to exercise their duty of care, they can be sued in a court of law for professional neglectfulness. Professional thoughtlessness therefore, occurs when such professionals fail toexercise their duty of care resulting in modify to a client. A doctrine of default was put in practice after the O Donoghue V. Stevenson ( or Paisley Snail) casing of 1932. unload O Donoghue cl demanded damages from Mr. Stevenson after purchasing a bottle of ginger beer containing a decomposed snail . Mr Stevenson (the manufacturer) was found apt because he failed to exercise his duty of care which was to ensure that his go across was fit for human consumption. The initial cl header was £500 only Mr Stevenson appealed and the case was brought back to court. However Mr Stevenson died before a praise ruling could be made, therefore the case was settled adulterous of court for less than the original claim. The doctrine od negligence put in place following this case had the aim of providing compensation to the innocent victim (plaintiff), not to punish the defendant.

The Irish court apply the professional standard model to birthday suit cases of medical negligence. This test was laid down by the commanding Court in the case of Dunne v. National Maternity infirmary 19 89. It was concerned with twins, one whom di! ed at childbirth and the other whod suffered severe brain damage that according to the childs parents ( the plaintiff ,) was payable to the medical staff that monitored the twins before birth and delieverd them. . The overlooking Court stated that the practitioner must act with the well-founded care of a practitioner of equal specialist doing and care or a doctor shall not be found guilty of negligence if he has acted in accordance...If you hint to get a full essay, order it on our website: OrderCustomPaper.com

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