Legal Fact Scenario

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School

Indiana Institute of Technology *

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Course

3200

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

4

Uploaded by deanmbooler02 on coursehero.com

Memo TO: The Head, Morgan’s Fast Fix Health Center FROM: Deann Booker DATE: March 26, 2023 SUBJECT: Dr. Quack Hello, this memo is going out to you and your center Fast Fix Health Center due to the untimely hospitalization of Miss Mary who was seen at Fast Fix Health Center on December 1 by Dr. Quack. I would like to hear from each person that was at work that day to see if there was medical negligence by Dr. Quack. If there was, my office would be prepared to file criminal charges against him. Elements of a Tort With speaking to Mary loved ones at the hospital I feel that the element of tort that fits her case as of right now, is negligence. Negligence is the most common of tort cases. At its core negligence occurs when a tortfeasor, the person responsible for committing a wrong, is careless and therefore responsible for the harm this carelessness caused to another. There are four elements of a negligence case that must be proven for a lawsuit to be successful. All four elements must exist and be proven by a plaintiff. The failure to prove any one of these four elements makes a lawsuit in negligence deficient. The four elements are:
Duty Breach Causation Harm A basic negligence lawsuit would require a person owing a duty to another person, then breaching that duty, with that breach being the cause of the harm to the other person (Law 101: Fundamentals of the Law, n.d.) . Pleadings 1. Complaint a. The very first pleading that Amber will file on behalf of Miss. Mary is a complaint against Dr. Quack. This will state what we have found in interviews and medical records as to what happened on the day Miss. Mary came to the center for medical help. 2. Answer a. Once the complaint is file, we will wait for the Dr. Quack lawyers (defendant) to draw up a written response to the complaint at hand. We will review what they feel are the facts and allegations within the complaint. We will be on the lookout to see if the defendant will try to excuse his liability or say we do not have a case against him. 3. Counterclaim a. Dr. Quack does not have a counterclaim to file as there was no damage/harm against him or the center. 4. Cross-claim
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