Identify whether all the elements of negligence are present and, if so, who or w

Question

Identify whether all the elements of negligence are present and, if so, who or what entity will be sued successfully:

A mother has grown tired sitting up with her baby daughter in the hospital where the daughter has RSV (Respiratory Syncytial Virus) so she stops by the nursing station and asks the nurse to check on her baby while she gets some breakfast, the nurse says she will, the baby develops a choking obstruction from drainage and stops breathing, when the mother returns she finds her baby lifeless, the baby is resuscitated, and the baby suffers severe brain damage.

Explanation / Answer

Yes, the element of negligence is present here. Due to the nurse's negligence the baby developed a choking obstruction from drainage and stopped breathing. The mother found her baby dead.

Since the damage is huge, the nurse must be sued of negligence.

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