week 3 opinion
farie20
discussiontortlaw.docx
2. In accordance to the tort law, this case it’s very complex because it was not the doctor that prescribe you with the wrong medication but the nurse and it did not cause any harm, however it could be a valid a claim for medical malpractice, but it is very complex in a legal and medical standpoint. To me the only liable individuals is the nurse who wrongfully gave the wrong medication, since they have documentation and it’s on the records, they might have a chance of proving prove of medical malpractice. However, I do not think this will go far in a court of law because there was no harm and the wrong was not committed intentionally but I think that the nurse should know better and be more cautious and professional.
3. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers. The primary purpose of tort law is to compensate individuals or entities that suffer personal or property damage because of another’s wrongful conduct and, when possible, enjoin continuing misconduct. Furthermore, In this scenario, I would be able to successfully sue for negligence because even though I experienced no adversed effects and an incident report was documented, The nurse incorrectly administered medicine that was meant for the patient next to me. The nurse did not follow proper protocols and now the nurse and the hospital will be at fault. This is why hospitals have policies to follow so accidents as such will not happen. https://www.fwlaw.com/news/186-tort-law-united-states
4. Tort Law is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Because the nurse incorrectly administered medication to me something could have happen to me, and I could definitely sue because it states in the definition all negligence cases. The nurse failed to take proper care in doing something which was giving me the correct medication.
