![]() ![]() A doctor does not have a duty to prescribe blood pressure medication if the patient initially presented with stable blood pressure readings (but developed the stroke after he took some cocaine after seeing the doctor).The landlord of a rental property does not have a duty to pick up a banana peel inside someone’s apartment that caused them to slip and fall since that was an action performed by the renter.A pharmaceutical company does not have a duty to prevent a customer from taking too much medication since it has no control over that issue.a passenger in the automobile does not have a duty to stop at the stop sign since he wasn’t driving.If any of these elements are missing, there is no case. The respiratory arrest is the damage or injury. ![]() The patient who received double the dose of medication went into respiratory arrest caused by the overdose.The bone infection is the injury or damage. Or, the person whose ankle was not x-rayed developed a bone infection when the broken bone wasn’t treated appropriately. The patient who did not receive appropriate blood pressure medicine subsequently had a stroke due to elevated blood pressure.The broken tibia is the injury, or damage, caused by the failure of the owner to maintain repairs. A renter fell through a broken step, causing a broken tibia. The coma is the injury caused by the breach of duty. The gas leak in the rental property caused the renter to go into a coma and develop brain damage.The side effects of a drug – for instance Xarelto – cause gastrointestinal bleeding and there is no antidote for it.The concussion and broken ribs are the damages. The driver of the automobile ran a stop light or stop sign and broadsided another car that was lawfully crossing the intersection, causing the other driver to have a concussion and broken ribs. ![]() The plaintiff must prove that there were injuries or damages which arose from the breach of duty by the defendant.
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