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(Or,

the magic word/phrase that permits the plaintiff to seek a remedy or solution from the court) (1) Emotional Distress (2) Wrongful Death (3) Conscious Pain & Suffering (4) Public Nuisance (Or, the ingredients you need in order to complete your recipe AND win!) Emotional Distress Plaintiffs must be able to show: 1. Plaintiffs suffered physical harm. 2. Injury is objectively manifested. (that is observable by others; for example: a broken arm or even leukemia) 3. Injury caused emotional suffering. (for example, anxiety, anger, sadness, depression caused by the diagnosis of leukemia.) 4. Injury was caused by defendants negligence. a. How do I show negligence? i. Defendant had a duty of care to the Plaintiff. (Doctor/Patient relationship) ***Remember: we measure the duty of care by the reasonable person standard. How would a reasonable doctor in a similar situation act? Would it be likely that he would have made the same decision or mistake? ii. Defendant breached the duty. (Doctor arrives to surgery drunk and incorrectly performs the heart transplant.) iii. Conduct was the cause of harm. (Doctors actions caused the death of patient b/c of faulty transplant.) iv. P was harmed. (Plaintiff died.) NOTES: 1. Emotional Distress claim can be used in relation to the injury you, or the plaintiff, had experienced. OR, you can use bystander emotional distress, if you were an immediate family member. 2. If you want to argue for a future emotional distress claim, try it! Wrongful Death Plaintiffs must show: 1. Death 2. As a result of defendants negligence a. How do I show negligence? i. Defendant had a duty of care to the Plaintiff. (Doctor/Patient relationship) ***Remember: we measure the duty of care by the

Causes of Action

The Recipes for Action

reasonable person standard. How would a reasonable doctor in a similar situation act? Would it be likely that he would have made the same decision or mistake? ii. Defendant breached the duty. (Doctor arrives to surgery drunk and incorrectly performs the heart transplant.) iii. Conduct was the cause of harm. (Doctors actions caused the death of patient b/c of faulty transplant.) iv. P was harmed. (Plaintiff died.) Conscious Pain and Suffering: Plaintiffs must show: 1. Physical or mental suffering from an injury 2. Because of defendants negligence a. How do I show negligence? i. Defendant had a duty of care to the Plaintiff. (Doctor/Patient relationship) ***Remember: we measure the duty of care by the reasonable person standard. How would a reasonable doctor in a similar situation act? Would it be likely that he would have made the same decision or mistake? ii. Defendant breached the duty. (Doctor arrives to surgery drunk and incorrectly performs the heart transplant.) iii. Conduct was the cause of harm. (Doctors actions caused the death of patient b/c of faulty transplant.) iv. P was harmed. (Plaintiff died.) Public Nuisance: An unreasonable interference with a right common to the general public. (1) Unreasonable? - Would a reasonable prudent person act in the same manner? (for example, a reasonable prudent person wouldnt dump arsenic in a public well OR cut down trees in a national park (2) Interference? - Disruption that threatens the health, morals, safety, comfort, or welfare of a community.

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