No Essay Example | Topics and Well Written Essays - 1000 words - 4

No - Essay Example Benzene for negligence in his work especially if they knew of his omission to inquire about his true feelings concerning his suicidal thoughts because of the possibility that Mr. Johnson’s terrain of thought could lead him to cause harm both to himself and others. The plaintiff can sue for negligence on the part of Dr. Benzene. Negligence refers to a situation where a person does something wrong accidentally thereby causing one to get hurt. As such, a person involved in negligent behavior is likely to be held liable by way of damages. Basically, it involves an individual’s failure to take reasonable care in a situation that a person exercising ordinary prudence ought to take under similar circumstances (Ferrerra et al., 72). Dr. Benzene did not exercise reasonable care especially because it is expected that a doctor like him should have foreseen harm. Dr. Benzene should have inquired from Mr. Johnson whether indeed his findings and thoughts were an expression of his true feelings. Dr. Benzene has a legal issues to answer to because he had the duty to act but failed because of his omission to do so by taking necessary steps including inquiring the feelings of Mr. Johnson so that he could at least attempt to avert the foreseen danger. Doctor Benzene and his office can be sued for the violation of the law enacted by the Commonwealth of Massachusetts. The law simply required medical practitioners such as Doctor Benzene to notify the office of the State Attorney regarding the homicidal or suicidal tendencies exhibited by Mr. Johnson. The policy had not made any provisions for exceptional cases where the defendant could not be held liable. As such, Doctor Benzene’s move to issue patients with forms in order to free himself and all the staff from any liabilities that may arise did not in any way protect or exempt him from facing the consequences of his actions. The legislation passed by the Commonwealth of Massachusetts was supreme. Therefore, the potential law