Negligence can be defined as the disaster to exercise the degree of care that the law requires for the protection of separate people. Professionals much(prenominal) as doctors, nurses, solicitors, accountants etc. have a legal duty to take responsible care of their clients/patients. When such professionals fail to exercise their duty of care, they can be sued in a court of law for professional neglectfulness. Professional thoughtlessness therefore, occurs when such professionals fail toexercise their duty of care resulting in modify to a client.
A doctrine of negligence was put in place after the O Donoghue V. Stevenson ( or Paisley Snail) casing of 1932. Miss O Donoghue cl demanded damages from Mr. Stevenson after purchasing a bottle of ginger beer containing a decomposed snail . Mr Stevenson (the manufacturer) was found conceivable because he failed to exercise his duty of care which was to ensure that his crossing was fit for human consumption. The initial claim was £500 solely Mr Stevenson appealed and the case was brought back to court. However Mr Stevenson died before a advertize ruling could be made, therefore the case was settled extracurricular of court for less than the original claim. The doctrine od negligence put in place following this case had the aim of providing compensation to the innocent victim (plaintiff), not to punish the defendant.
The Irish court apply the professional standard model to altogether cases of medical negligence. This test was laid down by the despotic Court in the case of Dunne v. National Maternity hospital 1989. It was concerned with twins, one whom died at childbirth and the other whod suffered severe brain damage that according to the childs parents ( the plaintiff ,) was payable to the medical staff that monitored the twins before birth and delieverd them. . The autocratic Court stated that the practitioner must act with the tenable care of a practitioner of equal specialist achievement and care or a doctor shall not be found guilty of negligence if he has acted in accordance...If you exigency to get a full essay, order it on our website: Orderessay
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