Assignment 1 Law and Healthcare

HSA515 Health Care Policy, Law and Ethics

Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case

The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts will use the standard of a 'reasonable person' when it comes to this question. Specifically, this means...