Concept of proximate cause which is found as an element in negligence

 

What is the concept of proximate cause which is found as an element in negligence? How does the definition of proximate cause compare to actual causation? Courts take different approaches and use different standards when applying the concept of proximate cause. How does foreseeability fit in the causation framework?

Sample Solution

An element of a negligence claim is proximate cause. Negligence is a refusal to conduct reasonable or ethically controlled treatment that is required to be practiced under particular circumstances. Neglect entails damage resulting from failure to behave as a result of irresponsibility. A proximate cause is an incident reasonably relevant to an accident determined by the judiciary as the reason of the accident. It is an occurrence that has had unforeseen implications without someone else`s interference. The law determines that the party has created the harm in a legal manner. Proximate cause is different from actual cause. Actual cause, or cause in fact, is the direct cause of an accident. Proximate cause, or legal cause, is an underlying cause of an accident.

12. What are the CNS and peripheral effects of the opioids? (See notes)

– The main effect on CNS is to inhibit neurotransmitter release. Effects include analgesia, mood changes and an activation of the reward center which can lead to drug abuse.

Among the peripheral effects are: inflammation reducing effects in the joints or healing wounds.

13. Describe the differences between the strong opioids, mild to moderate opioids and mixed agonist-antagonists in terms of efficacy and potential for addiction.

– Codeine is an opioid used for mild to moderate pain relief, but the side effects are very serious (nausea and constipation) and are not used for long term.

Morphine is a stronger opioid used for management of moderate to severe pain. Frequent side effects include nausea, vomiting and feelings of euphoria

Methadone has a longer duration of action than morphine.

Fentanyl is known to be a fast acting opioid, 50-100 times stronger than morphine, but is known to be highly addictive also.

14. Define the terms tolerance, withdrawal, addiction and pseudoaddiction.

– Tolerance is a state of adaptation in which the dose of the opioid needs to be increased to achieve recommended level of analgesia.

Withdrawal is a group of symptoms that occur with the abrupt discontinuation of a drug that has the capability of producing physical dependence.

Addiction is a chronic, neurobiological disease characterized by behaviors such as no control over drug use, compulsive use, continued use despite harm and craving (American society of Addiction Medicine, 2001)

Pseudoaddiction is a behavior of seeking additional medication of the patients

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