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5 Cards in this Set

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In malpractice and negligence cases, these 4 aspects are examined to determine whether the defendant is liable

1. Legal duty between plaintiff and defendent


2. Injury caused to the plaintiff


3. Causual connection between the defendant's breach of duty and the plaintiff's injury


4. Breach of legal duty by the defendant

Tort

A private injurt against the person, property, or reputation of another individual that legal action is designed to set right.

In the 1974 the supreme court of California ruled that

Counselors could be held legally responsible for failing to take adequate steps to warn third parties about clients who present "serious danger of violence" to them. Counselor must warn the third party about the threat that has been made and take steps to protect the identified individual such as notify the police.

Malpractice

Professional negligence

Privileged communication

Legal term that protects certain client communication in court systems