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

Mod 2 case Tort Law - Essay Example ACE sports owed a duty of care to the users of the rim to ensure that the rim was safe and did not have any parts that would possibly cause 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 liable in negligence for erroneously amputating Bobby’s functional wrist. The doctors’ actions were caused by medical negligence, when the surgeon did not exercise the required standard of care before performing the amputation. In establishing medical negligence, it is essential to demonstrate the occurrence of medical negligence or error, and more significantly, that this error or negligence resulted in physical or psychological suffering to the patient (Charlesworth, Walton, & Cooper, 2011). In Bobby’s 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 Treatment and Active Labor Act (EMTALA) provides for how and when a patient might be denied treatment or transferred to another 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 emergency 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 reasonably expected to cause impairment or a