Belinda’s claim for Negligence
Belinda is faced with two case scenarios, one involving the accident caused by Mark’s car and negligence as a result of the doctor’s diagnosis. Medical malpractice happens when a doctor causes harm to a patient when he completely fails to perform his duties properly. The doctor has a duty to all her patients. The doctor is supposed to act diligently in his duties and prescribe proper medication or treatment to the patients. In this case scenario, it can be proved that the resultant amputation was as a result of the doctor’s negligence. Some of the medical malpractices by a doctor is the failure to do a thorough diagnosis, improper treatment, or failing to warn the patients of unforeseen risks.
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In this case scenario, if the doctor would have performed a proper diagnosis, the issue of amputation would not have arisen. For Belinda to sue the do, she must prove that the negligence actually caused the amputation or directly caused the injury. She must prove that the incompetence of the doctor resulted to the injury. In most instances, the patient (Belinda) should have a medical professional to affirm that the doctor’s negligence resulted in the injury. The injury also led to specific damages (amputation). Thus, there are enough elements of negligence that can warrant compensation. This is because the harm caused physical pain, extra medical bills, and mental anguish or, among other damages. Therefore, Belinda can have a feasible malpractice claim against the doctor.
Mary’s Claim for Negligence
Accidents can cause severe psychological and emotional effects on those who have witnessed these incidences. Even though some people take less time to cope, others may take a long time to adjust. A person who has experienced or witnessed an accident or a severe trauma can develop serious health issues. Their emotional reactions can change, and they can also have intrusive memories. Conversely, the victims can have negative mood changes.
In this case scenario concerning Mary, there is an element of Damages and proximate cause. Overprotectiveness usually comes as a result of shock or emotional distress. A person that experiences these disorders after an accident can be liable for compensation because of the overall suffering and pain (damages). Such type of noneconomic damages can vary significantly from one case to another. To have a valid claim of emotional distress, Mary must show that the cause of the accident resulted in her situation (overprotection).