Question

Booty Vs Kentwood Manor Nursing Home Inc.

90 years old resident with a history of confusion and a tendency to stray. The facility had de-activated the door alarm and the door was actually propped open for the convenience of the staff. The resident wandered outside the facility, fell, and fractured his hip. his condition deteriorated and he died

Identify the four elements of tort

1.Duty to care

2. Breach of Duty

3. Injury

4.Causation

Answer 1

ANSWER 1: DUTY OF CARE

Here the staff and other health care professionals has a duty to prevent the client from any injury, accident, or incident while he is in hospital under their care. In this scenario patient is confused and has tendency to stray, therefore, staff has to keep the door closed for a confused patient and during his wandering, they have to take back to him in his room. There should be constant supervision on the patient, but the staff has failed to perform.

ANSWER 2: BREACH OF DUTY

Breach of duty means failed to prevent the client from injury, in this the staff has failed to prevent injury of the patient from falling. They should keep a door alarm system on and must supervise or watch the patient constantly.

ANSWER 3: INJURY

The confused and wandering patient has to fell on floor thus caused death.

ANSWER 4: CAUSATION

Patient is old, confused and had tendency to stray, he fell down which leads to a fractured hip and thus deterioration in his condition caused his death. Lacking in supervision and regular watching to patient caused this incident.