Areas of P o t e n t i a l

Liability:
Unintentional
To r t s
 Liability
the state of being legally
responsible for one's
obligations and actions.
U n i n t e n t i o n a l To r t s
Negligence
&
Malpractic
e
 Negligence
-misconduct or practice below standard
expected of an ordinary, reasonable, prudent
person.

-involves an extreme lack of knowledge,

skill, or decision making that the person
clearly should have known would put others
at risk for harm.
 Malpractice
-Failure of the nurse to act in accordance
with the prevailing professional standards.

Failure to foresee
consequences Not properly
monitoring a patient
Inability to respond to a patient
on time
Inability to call a physician for immediate assistance
C o m p o n e n t s to p ro v e
Professional
Negligence/Malpractice
Duty of Care -The professional owed
a special duty of care to the plaintiff
based on their specialized skill as a
professional and their relationship
with the client, such as giving them
legal advice or providing them with
surgical care.

Breach of Duty - The professional,

the defendant in this scenario,
violated the duty of care they owed
to the plaintiff.
Causation - The professional was the
actual and proximate cause of the
client’s injuries.

Damages - The client must prove the

professional’s breach of duty led to
damages, such as medical bills for an
injury or the loss of a lawsuit.
In professional malpractice cases,
the plaintiff must show that the
defendant failed to exercise the
skill and knowledge normally
exercised by reasonable
professional members of average
skill.
Legal Doctrines/Principles
in Negligence: Res Ipsa
Loquitor & Respondeat
Superior
Res Ipsa Loquitor:
The res ipsa loquitur doctrine permits a victim of negligence to make a
prima facie case even in the absence of specific evidence of the
defendant's conduct or where the only individual with access to the
evidence is the defendant. An injured person, however, may not use
res ipsa if he or she has access to direct evidence of negligence.
Res Ipsa Loquitor:
The use of res ipsa is common in medical malpractice cases, in which
injured patients often do not have access to evidence of a medical
professional’s negligence.
Respondeat Superior:
The Regulation. According to the notion of respondeat superior, an
employer is liable for an employee. In more exact terms, it says that a
master is responsible for any wrongs done by its servants while they were
working for it. Respondeat superior is N O T an excuse and does not nullify
the idea of ordinary negligence. Respondeat superior embodies the
general rule that an employer is responsible for the negligent acts or
omissions of its employees.
 To prove a res ipsa loquitur claim,
an injured party must show three
elements:
That the accident was That the accident did
of a sort that does not not happen due to any
normally occur voluntary action by the
without someone’s injured party.
negligence
That the accident was
caused by an
instrumentality within
the defendant’s
exclusive control
 Thank
you :>>>
 Group 3

Dianne Loma Mary Grace Pancho

Vanz Jomari Luiz

Cabagnot Vimaria Mumar

Jean Hannah Abucay Cha cha Salmasan

Estephenson Jamaica