Sample Essay on:
Negligence in the health care system and incapacity

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Essay / Research Paper Abstract

A paper which considers the issue of negligence within the health care system with particular reference to the ways in which negligence may impact on those patients who suffer from mental or physical incapacity, such as the elderly or the metally ill. Bibliography lists 12 sources

Page Count:

13 pages (~225 words per page)

File: JL5_JLincap.rtf

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Unformatted sample text from the term paper:

related to incapacity. For example, it is acknowledged that in some cases patients may be incapable of giving informed consent to treatment because of a temporary or permanent mental illness, and it is therefore important to consider the line between administering compulsory treatment and actual abuse, which would constitute negligence. This will be considered in more detail with particular reference to elderly patients, a group which has been subject to much debate over policy in the recent past. There are, however, other groups of patients who may suffer from incapacity not through mental disability or illness, but because of other factors such as age: children, for example, would come into this category. When it comes to making claims against medical practitioners for negligence, this is taken into account with reference to the time constraints which are usually imposed on such claims. Negligence as a legal concept arises when one individual owes a duty of care to another, breaches this duty, and causes harm or injury as a result. The action is not necessarily deliberate, in the sense that it is actively intended to cause harm, but negligence occurs when it is established that any reasonable person would have foreseen the probable consequences and avoided the action. If a nurse leaves the sides down on a trolley where an unconscious patient is lying, and the patient rolls off the trolley and is injured, then that is sufficiently careless to amount to negligence. If the nurse leaves the trolley where it is likely that someone else might put the sides down, that could also amount to negligence. However, ...

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