Ability to Prove Damages Research Paper

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BULL VS. GREEBRIER

Bull vs. Greenbrier

The author of this report has been asked to assess the case of Bell vs. Greenbrier. In that case, there apparently was a directive from a doctor to move a patient to an emergency room due to the experiencing of abdominal pain on the part o the patient. However, there is the question of whether the patient specifically incurred damages due to the negligence. This would obviously have bearing on whether damages are recoverable or not. This report will explore from a managerial and legal standpoint what sort of damages, liability and issues exist as it pertains to this case.

As is quite obviously suggested by the summary of the situation given as part of this assignment, there are actually two separate issues in play. Indeed, the nurses who were to have moved the patient, that being Martha Bell, ostensibly breached their duty to act as they were directed to given the condition of the patient and the directive of the doctor. However, one major detail that is not covered in that synopsis is what precisely caused the abdominal pain and what the result was. Even if the patient actually died due to whatever killed her, this would not automatically mean that damages are due form the medical professionals.

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For example, if the pain was in her head and it was a severe aneurysm, there is a strong likelihood that she will die regardless of whether she is moved to emergency care or left where she is. There are indeed some medical events that are almost always fatal. Even if there are outliers and exceptions, this has bearing on liability in a legal case.

On the other hand, if the woman's condition is later figured out and any delay in treatment can clearly be correlated to her become injured or more ill than she would have otherwise, then she could claim injuries and damages on those ground. However, absent any clear evidence linking the inactions or actions of the medical professionals and her injuries, this would likely not occur. Further, the reason for the movement of the patient not occurring would be important to know as well. Perhaps the nursing staff was short (either that day or in general) and this could lead to the nurses on duty being tied up with other things. Stomach pain is obviously not going to be pleasant for….....

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