Mod 2 case Tort Law Essay Example | Topics and Well Written Essays - 500 words

innovative 2 case Tort Law - Essay ExampleACE sports owed a duty of tutorship to the users of the back talk to ensure that the rim was safe and did not have any parts that would possibly hit harm to the players who used it. This duty of care was breached when Bobby hurt himself with the small pieces of metal left on the rim due to lack of reasonable care by ACE sports.Dr. Andrews, on the other hand, is also nonimmune in negligence for erroneously amputating Bobbys functional wrist. The doctors effections were caused by medical negligence, when the surgeon did not feat the required standard of care before performing the amputation. In commiting medical negligence, it is essential to demonstrate the position of medical negligence or error, and more significantly, that this error or negligence resulted in physical or psychological suffering to the diligent (Charlesworth, Walton, & Cooper, 2011). In Bobbys case, his left wrist was erroneously amputated and this is sufficient to establish both error and physical suffering required to establish medical negligence.The Emergency Medical intervention and Active Labor Act (EMTALA) renders for how and when a patient might be denied treatment or transferred to other medical facility when such a patient is in an unstable medical condition. The Act provides that where a patient presents himself to a medical institution requiring examination or treatment the hospital must provide the appropriate screening to establish if the patient has an urgency medical condition. Where it is established that indeed there is an emergency medical condition, the hospital is obligated to provide treatment to the patient until the condition stabilizes or transfer the patient to another hospital. Where the emergency condition is not established, then the statute imposes no obligation on the hospital. The act defines an emergency condition as a medical condition with acute symptoms where absence of treatment is fair expected to cau se impairment or a