why from the standpoint of Intentional Torts and Negligence.

Pozgar (2023) further explains, “the court rejected this argument, pointing to the absence of evidence to support the contention that the nursing facility knew or should have known that the resident was dangerous” (p. 68). Pozgar continues to suggest that “because senile psychosis tends to cause irrational behavior, a nursing facility would appear to have a duty to protect residents from the effects of irrational behavior, whether or not it has actual knowledge of such behavior on the part of the particular resident” (p. 68).

This week you are the long-term care administrator for Shady Valley long-term care and skilled care rehabilitation center. You and your regional administrator have become aware of the case May v. Triple C Convalescence Centers and discussed the cause, outcome, and court decision. The regional administrator requests that you develop a memo detailing your analysis of the court case. The regional administrator values your opinion and will present your memo to the CEO of the corporate office.

In your memo, the regional administrator requests your thoughts on the following prompts and asks you to back up your ideas and suggestions with cited evidence. Avoid writing in first person. In your assignment,

  • Analyze the event and include the outcome.
  • Discuss how the event could have been prevented and what policy interventions could have been used.
  • Analyze the relevant legal issues presented in this case.
  • Explain which category this case fits into and why from the standpoint of Intentional Torts and Negligence.
  • Discuss the verdict.
  • Does it appear the information provided to the jury was complete? Are there gaps in the information?
  • Analyze the verdict.
  • Was the verdict correct?
  • Were there mitigating circumstances presented that influenced the verdict?

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