Law case analysis
Working as legal personnel is quiet a challenging job and most importantly fighting for truth and shedding the light on real facts demands extensive research and dedication. Every law personnel must learn these qualities and have to understand the significance of these aspects at very large scale. Here in this report the scenario related to the learning after visiting Supreme Court has been reflected. Individual’s understating related to case hearing, personnel’s role, actual case and its details each and every aspect has been depicted in an appropriate manner. The experiences, environment, physical features, acts etc. has been noticed. The scenario within the court room was quiet new and full of new experiences (Turner and Trone, 2013). The court was completely full of various people with their problems and issues. They all were trying to solve these issues in legal manner with the help of adequate amount of facts and right set of information. The experience of visiting the court was quiet learning and amaze. It was the experience that could be carried forward to entire life and most importantly could be memorized for the longer period of time. It was unusual visit with a view of understanding the legal proceedings. With the help of current visit to this hearing or case the legal procedures and actual formalities has become clear. The level of professionalism has been gained and high level of knowledge about the commencement of case, defending pattern has been developed (Latimer, 2012). Next the positive experience has been gained to understand the environment of court or to understand the surroundings while getting indulge into any case. Ahead the terminologies related to the case proceedings and dialect to be used within the ccourt as also becomes clear. The scope of improvement within the court was negligible but still the level of kiosk is required to be managed there is requirement o making some arrangements so that people get their work done in proper manner the notice board and sign boards for various kind of activities must be displayed properly. It can help people to reach at their destined place in an easiest way. The hearing was done in sine room where the camera was placed to communicate with parties. The judge was hearing through camera or some instances. Ahead the room was full of books related to different subjects but mainly law related books. Further the layout of the room was quiet normal as there was proper arrangement of chairs and tables (Dobson, 2012). The wooden clauses were also arranged. Overall the layout of the room was also quiet professional. The people were also sitting to hear the decision of judge. The Supreme Court judge was fully equipped with the evidences and pen and copy along with him.
In the civil case, that has been attended, Darcy Hansen is victim who has sued Peninsula private hospital and Dr. Brett Marshall who worked as obstetrician in same hospital. Mr. Henry Hansen has sued the hospital authorities and the doctor on the behalf of his son Darcy Hansen. Justice Anthony Cavanough acted as supreme personnel who look upon e entire case and pass the decision. Mr. Jack Rush is defending from Dr. Marshall’s side. The civil case was actually revolving around the 12 year old boy Darcy Hansen. He has sued the hospital or their negligence that cause health problems to him and cause severe mental troubles to the whole family. Inn he very beginning of the case the situation was made clear by Mr. Wilson. He made clear that case took place in the year 2000, date March 10, when Mrs. Penny Hansen had been given excessive doses of drug Sentocinon. It helped in bringing the contractions and it just caused side effects to the Darcy. He suffered from catastrophic hypoxic brain injury and was born with cerebral palsy. He worst is that now he needs 24 hour care and remains on wheel chair (Baskind, Osborne and Roach, 2013). This negligence act of hospital made him dependent and he was not expected to live more than 30 years. It reduces his life expectancy rate which was actually disturbing for the entire family. The whole case got mismanage due o irresponsible care given to Darcy’s mother at the time of his birth.
In defense the Dr. Marshall provided the fact that he was under the influence of completely normal labor position of Mrs. Penny Hansen. According to him she was fully dilated, the heart rate of child was also normal. Overall the progress of the case was completely normal as per the viewpoint of Dr. Marshall. Doctor and the private hospital deny from their negligence and didn’t accept the fault in their irresponsible behavior. They deny from their liability and didn’t accept the settlement terms as well. But Mr. Wilson presented the fact that these evidences made by the doctor and private hospital are forged ad wrong. Actually it was clearly know that the child was actually was not coping with the labor process. There were problems in maintaining the heart rate as well. Mr. Marshall shown very casual attitude towards the issue and neglect the warnings about the child’s high heart rate. The doctor arrived at the hospital at 10 PM and diagnosed the child through CTG machine. It actually provides the clear scenario about the child and other both critical condition (Harpwood, 2009). Afterwards he made attempt to an immediate forceps delivery. After an hour Darcy was or ad e was in poor condition. Here also doctor and private hospital show casual attitude and told Mrs. Hansen to take child at home. It make the scenario worst as the CTG reports already informed about the critical position of Darcy before the birth. But again Mr. Rush mentioned that the problem occur due to the inappropriate nursing notes.
It was the complete case in front of the justice and the decision was made against doctor and private sector hospital. It was clear that the CTG report was sufficient enough to produce evidence about the critical position of the child. The doctor must have given adequate amount of attention on the case. Thus it made justice to give decision in the favor of Hansen family. It was actually the civil case and based on the negligence act done by the hospital. It covers into the civil procedure act 2010. Here special consideration will be given to the damage related issues and legal aspects. Further the money related matters also cover into the civil procedure act 2010. It has been categorized into three aspects; it includes the general civil jurisdiction, industrial division and work cover list. The circumstances in each and every situation differ from each another and mainly the actions taken by court also vary from case to case (Tribe and Korgaonkar, 1989). The case was commenced by the Mr. Wilson by stating the fact related to negligence done by hospital in the case of Darcy. The penalty was actually to be mentioned by the court and justice. Then Mr. Rush defends into the case by mentioning the fact about the mistake of nursing staff. It was clear that Mr. Wilson was actually ready with all the information and Mr. Rush was claiming the mistake of nursing staff by ignoring the CTG report (Tribe and Korgaonkar, 1989).
Here the law applied in most logical manner. The doctor was supposed to enquire about the condition of the child. It was his duty to pay proper attention about the critical position of child. The act of negligence was proven on doctor and hospital. The discussion was not too long as the Mr. Marshal was not able to provide some strong and concrete facts in favor of doctor. All the evidences has been provided by the Mr. Wilson to make the case stronger and improving the chances of winning the case against the doctor and private hospital. The outcome of the case was that the Darcy Hansen has got right amount of compensation and justice by the court. They family has got justice after long fight and long awaited years. The doctors and private hospitals have been found guilty of casual and irresponsible professional behavior. They have been charged of hefty penalties. The reason is clear that the act of negligence could be clearly noticed in current scenario. The doctor neglected the warning of midwives and just discharged the child and his mother even after the critical position. All these aspects go against the private hospital as well as Mr. Marshall (Burstow, 2013).
The view on the outcome is clear that decision was correct and it is fair decision with the perspective of Hansen family. After hearing the entire case it has been found that the hospital and doctor was on the guilty side and they neglected their duties and responsibilities. Another reason behind the fact is that here the breach of negligence act has been established which also created the firm winning platform for the Hansen family. The act was breached by the accused parties which cause short life expectancy rate and most importantly the Darcy Hansen become dependent on their family. Further the evidences and witnesses were also against the accused parties. The individual viewpoint suggested that the evidences and facts could be neglected while giving any kind of decisions. The evidences related to the CTG report and warning of midwives indicated towards the fault of Mr. Marshall in current case. The delivery pattern was not right and it just caused trouble for the health of both mother and child. The dose and its amount must be determined as per the situation of child. The heart beat was not examined properly by the doctor and same treatment has been provided that could be provided to any normal child. Therefore the decision is quiet fair and was based on the legal jurisdictions and acts made by law (Kumarand Steinebach, 2008).
Therefore on the basis of above self reflection to the visit to the supermen court it could be stated that it was highly knowledge able and intellectual with a view of understanding the legal aspects and environment within the country. The powers and rights of common people have become clear. The current case study clearly states that there is need of fulfilling the duty and responsibilities in an appropriate manner. Further with respect to legal aspects the role evidences and facts have become clear in winning any case and filing charge on the accused parties. The defending procedure, hearing process, various other formalities have also become clear. With the help of above study the knowledge about legal acts and rules and regulations has also gained in proper manner. Overall the study is highly reliable with respect to understand the negligence act and role of various steps and formalities within the entire hearing process.
Baskind, E., Osborne, G. and Roach, L., 2013. Commercial Law. OUP Oxford.
Burstow, P., 2013. Care and corporate neglect: the case for action. The Journal of Adult Protection.15(4). pp.203 – 214.
Dobson, A., 2012. Commercial Law. Sweet & Maxwell.
Harpwood, V., 2009. Modern Tort Law . Routledge.
Kumar, S. and Steinebach, M., 2008. Eliminating US hospital medical errors. International Journal of Health Care Quality Assurance. 21(5). pp.444 - 471
Latimer, P., 2012. Australian Business Law. CCH Australia Limited.
Tribe, D. and Korgaonkar, G., 1989. Medical Negligence — 1. Journal of Management in Medicine, 4 (3). pp.204 –209.
Turner, C. and Trone, J., 2013. Australian Commercial Law. Lawbook Company.