Negligence is one of the most common tort incidents in most cases. Jacksons family has secured a care package worth 7 million pounds after winning a lawsuit against Sharoe Green Hospital in Preston. The court ruled out the issue to be negligence by the care providers in the hospital while the mother of Natasha Jackson was pregnant. The neglect led to Natasha's severe physical and mental disability because of the doctors' actions. While Paul McKay was pregnant with his first child Patrick Jackson, she sought services at Sharoe Green Hospital. She was in pain and was supposed to be given oxygen to assist the child with breathing (ITV Granada, 2015). However, there was negligence in one of the staff, and the oxygen was provided too late. When the mother requested the issue, she was told to wait, but the process was affecting the child. From a test carried out in Patrick and Natasha, doctors indicate insufficient oxygen moving to the brain of the two children while she was being told to weight. The negligence made both Patrick and Natasha Jackson develop cerebral Palsy making them not be able to do any activity by themselves. Paul filed a case against the health care facility, and as compensation for the disabled child, the Sharoe Green Hospital was supposed to compensate her 7 million pounds as pay-out. The court found the facility guilty of negligence, which was the leading cause of the disability among the children.
The mistake made was to provide the mother with the needed oxygen for the child. Natashia was born premature, and in the process, she needed to be placed in an incubator to support her life. The moment Pula gave birth, she was informed that the baby was premature. She asked if she was placed in an oxygen machine to support his breathing and brain development. However, she was informed that there was a need to wait. A few minutes later, she asked about the same, and Paula was told that the baby was under oxygen. However, there was a shortage while Natasha was still in the incubator (ITV Granada, 2015). The issue made the child suffer from underdevelopment of the brain, and the same things have happened to his elder brother, who is not 22 years.
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I agree with the court's decision for the family to be compensated for 7 million pounds because of negligence. Most laws permit individuals to use courts in search of justice when a different individual commits an offense against them. Tort refers to the state in which an individual performs a wrongful act that endangers the safety, peace, and peace of mind of other people. However, the show performed by the individual that is disrupting other people's orders can be done purposely or may occur without the individual's consent. When the action is intentional, then it is referred to as deliberate tort, but when it happens by mistake, then it is negligence tort (Tilley, 2017). Hence, the main difference between an intentional tort and negligence tort is that the deliberate tort occurs when an individual acts on purpose. The issue presented in the case is negligence tort. The health care provider did not deliberately deny Natashia oxygen while in the incubator. Instead, it was the circumstances that were causing the issue. There was a shortage in the oxygen supply within the health care facility. That implies that even other people that needed the oxygen services were victims. It would have been deliberate is only Natashia was the one receiving a shortage in oxygen supply. Such is how the court gave the ruling that the health care facility is supposed to offer the compensation and not particulate individual. The negligence was in the entire facility as they would have been monitoring their oxygen level and supplying equipment if they are okay before starting any daily routine practices. Thus, the court's ruling was fair enough considering the same thing has happened to Patrick, Paula's child. The fact that there are two similar incidents indicates that the facility has a negligence issue.
There are four elements of negligence, and they include duty, breach, cause, and harm. Commitment refers to the legal obligation, while breach relates to the violation of the law. Cause, on the other hand, refers to a situation where the offense needs to implicit harm on the complainant. Simultaneously, the injury involves a state where the complainant must have suffered from the damage to sue the other person for negligence (Tilley, 2017, 22). All four elements need to be meet so that the court can ascertain there was negligence. From the case, it was the duty of the hospital to ensure there was an oxygen supply. There is a breach because there is not enough oxygen supply, and there is the cause and the brain development of Natashia. Harm is evident since Natashia is suffering from cerebral Palsy. There is a violation of all four codes of conduct. So, the court gave the ruling for compensation of the Jacksons family. If any of the four coded were not violated, then the case would not have been treated as negligence. Also, it would have affected the ruling that the court would have given on the matter.
The actions of the organization go against my value. I believe there is a need to have integrity in all our lines operation. The value ascertains that in any profession, the workers need to be aware of what they are doing and report any incidents that will tamper with the quality of work delivery. The health care facility does not uphold the value of integrity as the workers do not raise the short oxygen supply concern. If they were aware, there is a shortage, and the issue would have been submitted to be addressed urgently. Also, there is the core value of communication. The effectiveness and efficiency of operations in an organization largely depend on the value. If the health care provider knew that there was a shortage in the oxygen supply, it would have been fit to communicate to the management to take action. Maybe, Paula and her baby would have been transferred to the closest health care facility. The value's primary focus is to ensure a contingency plan for risk before it occurs. Communication in the organization would have assisted in preventing such medical errors. Since there was a first similar incident, they would have learned from that and ensure that it does not happen again through effective communication channels. In case there is an issue that needs to be addressed, a communication channel will make it easy to get a rational solution.
Reference
ITV Granada. (2015). £ 7 million pay-out in daughter’s negligence case. Itv. Retrieved from Seven million pound payout in daughter's negligence case | Granada - ITV News . Accessed 19 January 2021.
Tilley, C., 2017, Tort Law Inside Out, The Yale Law Journal, Vol. 125 , no 5, Pp. 12-25.
