After participating in and reviewing the Q.B trial R v. Perry & Manitoba in regards to the role of the investigator, and the physical evidence that was implemented in the trial, four individual pieces of physical evidence were introduced to the court by the investigator (cite). These four pieces of evidence consist of, a black wallet that was found on Matlock Manitoba, a time X watch found on Mason Perry, and a knife and a replica firearm found in a dumpster, in the back ally where Mason Perry and Matlock Manitoba were arrested. In relation to the introduction of evidence, the wallet, and Time X watch that supposedly belonged to Monty Hall was first introduced into court by the Crown during the testimony of Monty Hall, stating that his black wallet and Time X watch was stolen from him during the robbery. Additionally, they were shown to Hall asking how both compared to the ones that were stolen, then entered them into court as exhibit one and two. The physical evidence was then brought up once again when Constable York started his testimony, adding that Manitoba was in possession of the wallet and Perry of the Time X watch when found hiding in a bush within the back ally.…
Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…
We intend to defend this case by arguing that Support Systems and Services did not violate any of the provisions of the CILA Act nor the Mental Health and Developmental Disabilities Code. Specifically, we will present a defense that the insured is not guilty of neglect in that it did not have notice that there was a risk that Elise Wasson may fall from a chair. Further, we will present a case that the delay reporting the occurrence and, therefore, the delay in obtaining medical treatment, did not cause an increase in Elise’s injuries and damages. Based on the information that we have at this time, we do not believe that the insured is liable for failing to take precautionary measures in an attempt to prevent Elise from falling from the kitchen chair.…
New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…
The Supreme Court case that I have decided to research was Hazelwood v. Kuhlmeier. Hazelwood v. Kuhlmeier was a Supreme Court case that asked the question, “Do schools have the right to revise or change the contents of a student article for privacy or other reasons? And does it infringe their 1st Amendment right?”…
The issues started when McCleskey, an African American, was convicted of two charges of robbery and one charge of murder and was sentenced to the death penalty. These actions were taken on the account of McCleskey robbing a furniture store in Atlanta, Georgia and murdering a Caucasian police officer in the process, by shooting him with a gun. Later witnesses brought in the gun he used, and one of the bullets that were fired that night. The jury did find him guilty and charged him for the things he did. McCleskey tried to defend himself in court by stating that they were violating the eighth and fourteenth amendment, which both explain things about equal protection rights, and cruel and harsh punishments, given to those who are tired.…
The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…
For example, in Wright's study, they found that for every 100 patients, there is one patient that files a claim when they suffer from medical malpractice (Wright, 2011). A similar study conducted by The California Medical Association found even better results as one in every 125 patients suffer from medical malpractice (Wright, 2011). This is impressive as the law profession receives upwards to six claims of negligence per a 100 clients (Kritzer & Vidmar, 2015). The problem here and why these researches are relevant to this study's research question is that despite the low number of medical malpractice claims, there is actually a large amount of medical malpractice that exists; a notion supported by 30 years’ worth of empirical research (Kritzer & Vidmar, 2015). A potential cause for these low claims is that it is hard to establish medical negligence as the claimant would need to prove before the judges, causation beyond a reasonable doubt, the highest standard of proof in law (Hartwell, 2005).…
Dr. Fredericks failed to consider the patients autonomy. Mr. Davis, at the time of discussion was competent, having full possession of all his faculties and was able to make critical decisions regarding his care. The plaintiff refused to give permission for the placement of stents evident in the signed consent form. Dr. Fredericks either failed to check the document before performing an invasive procedure which can be considered negligence or he blatantly disregarded the patient’s wishes. In both cases Dr. Fredericks breached the standard of care and violated the Hippocratic Oath.…
A well-educated clerk by the name of Joseph Goldberg from a town in the Ukraine decided to seek refuge from an anti-Semitic homeland. Seeking a life in the New World Joseph embarked on a journey through Alaska, and California, finally landing in Texas in 1890. Later, continuing his journey, Joseph finally arrived in Chicago where his youngest child of eleven was born with the name of Arthur Joseph Goldberg. Arthur was only eight years old when his father passed away. Destined to graduate, Arthur worked multiple different low-paying jobs while attending High School.…
Conclusion Professional nurses are should be able to apply professional judgment into the dynamic medical field. All of them are expected to be accountable in the practice in that any actions and gaps left will be questionable. With all regulatory bodies put in place, they are expected to practice epitomes and excellent decision making in the best interests of the legally entrusted party. This will put to drop in litigation of medical practitioners under common negligence law. References Cox C (2010)…
Medical Malpractice refers to the problems and injuries that are caused by neglectful behavior of medical professionals. It refers to a situation where a medical professional either failed to provide an important care element to a suffering patient or when it can be established that the quality of the provided care fell below the agreeable standards of the society. Medical malpractice cases are important for people who suffer from neglect and good lawyers can provide compensation for the loss experienced by such people. Medical malpractice has become very common in the United States. According to the reputed Journal of the American Medical Association (JAMA), it is the third leading cause of death in the country.…
On Advising Sarah, the issue that arises is that will she be able to take legal action of breach of contract. We must first establish the elements of a contract; whether or not the agreement between the two parties had voluntarily intended to be legally bound; if there is a breach; and if she should pursue legal action. A contract can be known as an agreement between two or more parties consisting of an offer and acceptance. Can be done either orally or written but must be present to fulfil the formation of a contract.…
Facts. Mr and Mrs Murray were the parents of the claimant of whom Mrs Murray was famous for writing harry porter books. The claimant was 19 months old when the pictures of him and his family were taken by the respondent Big pictures and published by Sunday express magazine without their approval.…
But if, under the criminal law, rashness and recklessness amount to crime, then also a very high degree of rashness would be required to prove charges of criminal negligence against a medical practitioner. In other words, the element of criminality is introduced not only by a guilty mind, but by the practitioner having run the risk of doing something with recklessness and indifference to the consequences. It should be added that this negligence or rashness or must be ‘gross’ in nature. Negligence under Consumer Protection Legislations – Ever since professions have been included under the purview of consumer protection laws; medical practitioners too have felt the heat.…