The theory of contributory negligence

Assignment Help Other Subject
Reference no: EM132511224

In the United States, all medical malpractice law is litigated and resolved in one of two ways. The first is the theory of contributory negligence. In this theory, the original law (and ancient law derived from the Common law of England) states that, under this doctrine, if the patient contributed at all to the harm caused by the medical professional, then the patient was not entitled to any compensatory relief. In other words, no suit for damages would be allowed against the medical provider. This theory insisted that only a completely blameless patient should have recourse against a medical professional.

The second theory is the theory of comparative negligence. This is the more modern doctrine. Under comparative negligence all injured patients could still file a malpractice suit even if the patient contributed to the harm caused. Therefore, if a doctor was 55% at fault and the patient was 45% at fault, the patient could still recover 55% of the damages from the doctor.

Set forth two strengths and two weaknesses for each of these theories and choose which one you believe to be the most just and why.

Reference no: EM132511224

Questions Cloud

Nutrition-role in nutrient-drug interactions : How do you think access to clean food and water may play a role in nutrient-drug interactions?
Describe the role of public health professionals : Describe the role of public health professionals in advocating for policies and programs to improve community health.
EMR and healthcare information : Explain at least two individual rights for patients regarding EMR and their healthcare information.
Create an ethical code of conduct for those in governance : Create an ethical code of conduct for those in governance, management, and professional staff for this type of health care organization.
The theory of contributory negligence : In the United States, all medical malpractice law is litigated and resolved in one of two ways. The first is the theory of contributory negligence.
Human behavior : Should suburbs be mandated to rewrite their zoning laws and allow a "fair share" of affordable housing? Why or Why Not?
State and federal laws : There are a number of state and federal laws which regulate kickbacks, self-referrals, fee splitting and patient brokering in health care.
Management of the firm : What are the Tom's and Sally's rights with respect to the management of the firm? Is Pelatone bound to the contract with United? Why or why not?
Define what the term worldview means : What is a worldview? Define what the term "worldview" means. What does it mean to be human? Are humans more important than other living things?

Reviews

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd