Custom «Critical Thinking» Essay Paper Sample
The statement "It is easier to prevent negligence than it is to defend it" can mean the same as the saying that goes prevention is better than cure. According to (What Is Negligence and How Do I Defend against a Negligence Claim, Nov 1st 1999) a person can be deemed to be negligent if he fails to exercise ordinary care to avoid injury to other persons or their property. In defense to a negligent claim, some jurisdictions allow an otherwise negligent party to escape some or all of its liability if it can prove that the injured party was also negligent. Hence this makes it becomes very difficult defend negligence.
The best action I would do to help Jimmy is try to help him to get his retirement benefits from the company he was working for, and then treat him. There are several ethical principles, discussed in chapter 1 that apply to this case. One is that of corruption. Another ethical principle discussed is that of greediness. These ethical issues, cuts across the societies right from a personal level to large corporations. This contributes to unequal distribution of resources leading to increased mass poverty.
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The statute of limitation in the state of California is that medical malpractice, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury (Statute of medical malpractice California). In California, actions done by or on behalf of minors should be addressed by the law a period of three years from the date of the negligent act, exceptions are when the child is under the age of six, whereby the action must be commenced within three years or before to the child's eighth birthday, whichever provides the longer time period. It is notable that the statutory period begins to run for adults at the time of discovery but for minors at the time of the negligent act.
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I totally agree with the court's decision because it is fair. This is because the plaintiff underwent undue suffering which could have been avoided if the medical practitioners did their job well. The court was appalled because of the apparent level high of negligence by the medical practitioners when attending to the plaintiff. The caregivers lacked ethical issues such as caring, diligence among others.