Tort Law/Vicarious Liability

Tort Law/Vicarious Liability

Potential Liability (Negligence or Other Torts)

The Tort Law belongs to a harvest of laws that sell with civil harms that happen during an person's employment. Any person whoever incurs a physical injury may exercise this law in to recover from the damage that another person had inflicted and has been deemed responsible for. In plain terms, the tort law describes the conditions that diagnoses a constitutional human harm and recounts the circumstances wherein an person may be deemed liable for the injury of another person. In the case of Bobby who was hurt while playing basketball with Rachel, the individual responsible for Bobby was Nurse Williams of the City General Hospital. Since, Bobby was rushed by Rachel to the hospital on her bicycle; the immediate response of Nurse Williams was to treat Bobby immediately upon arrival at the emergency room. However, Nurse Williams prioritized contacting Bobby's mother first, instead of treating him as soon as he arrived. To take Nurse Williams 75 minutes to contact Bobby's mother thus wasted a critical amount of time to possibly save Bobby's wrist.

The above-mentioned situation can be classified under the Tort Law in the category of negligence. A healthcare facility's primary responsibility is to provide care to those who seek medical attention On the other hand, Nurse Williams not only wasted time in trying to find Bobby's mother, but also decided to transfer Bobby to a local health facility (Madden, 2005).

Elements of Negligence

Emergency Medical Analysis and Labor Act (EMTALA) are allowable by aldermanic physique at area 1867 of the Social Security Act. EMTALA states that hospitals, with emergency department, should appraise any alone that requests to be advised and prohibits abnegation to appraise or amusement patients with emergency medical condition. Emergency Medical Analysis and Labor Act was done to ...