Bertram can be held responsible for any resulting injuries to both him and Albert if this is proved during the case. Let’s get to the claim against Albertan car insurance company. Under the common law of negligence, victims and their families can bring claims against the drunk driver for damages. To bring a negligence claim, Bertram must typically prove: The driver owed a duty to others to operate the car in a safe manner The driver breached the duty The driver’s breach caused injury to the plaintiff The plaintiff suffered compensable damages A drunk driver has the same duty of care as a sober driver.
Intoxication is not a defense to failing to act as a reasonable driver would in the same circumstances. The very act of driving drunk is enough to prove that Albert breached his or her duty to the plaintiff. In this case, the plaintiff still must prove that the drunk driver actions are the proximate cause of the plaintiffs injuries, that is, but for the acts of the drunk driver, Bertram would not have been injured. For the claim against the newly qualified doctor, here it is purely Negligence or “Medical Negligence” from the doctor who examined him at first. Bertram can take the actor to the civil court for compensation.
In order to bring a successful claim against the doctor, Bertram has to prove on the balance of probabilities: Breach of duty – that the treatment was such that no reasonable practitioner would have delivered that care Causation – that the breach of duty or negligence caused or contributed to the injury, loss or damage suffered, and that the patient would not have suffered that injury without the breach Both these tests have to be established to prove negligence.
It’s crucial to get expert legal advice as soon as possible after the medical negligence took place. This will mean the proper steps can be taken to investigate his case fully at the earliest opportunity. Some evidence relies on memory, and it’s always best to record these details when they are fresh.
