Module 2 - Medical Malpractice/Negligence

Medical Malpractice

• Professional negligence by a healthcare provider which results in harm to a patient

• This negligence can occur through an act of omission (failure to provide appropriate treatment) or commission (providing substandard care).

• Medical malpractice cases can arise from errors in diagnosis, treatment, aftercare, or health management.

Elements needed to file a medical malpractice claim 

1. Duty of Care - the healthcare professional owed a duty of care to the patient, and a a professional relationship must have been established between the patient and the provider and 

2. Breach of standard of care - The professional must’ve failed to adhere to the standard of care needed in their field. 

3. Causation - The inability to provide proper care needs to have resulted in harm to the patient (a mistake alone is not enough) 

4. Damages - The patient must have suffered measurable damages as a result of the healthcare provider's negligence (including physical harm, emotional distress, additional medical expenses, or loss of income).

Standard of Care

level of care that a reasonably skilled and competent healthcare professional would provide. 

Malpractice vs Negligence

Negligence = Broad
Malpractice = Negligence specific to healthcare administration

Tort Law

Encompasses legal principles that govern civil wrongs or injuries that occur in the provision of medical care.

Types of tort law applicable to healthcare

1. Professional negligence and medical malpractice

2. Intentional Torts

Intentional Torts

Intentional torts in healthcare involve purposeful or deliberate actions that result in harm to a patient. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress.

Assault

Threatening a patient with physical harm.

Battery

Physically harming a patient without their consent.

False Imprisonment

Restraining a patient against their will without legal justification.

Intentional Infliction of Emotional Distress

Engaging in extreme and outrageous conduct that causes severe emotional distress to a patient.

Patient Abandonment 

Occurs when a healthcare professional, who has established a professional relationship with a patient, fails to provide the necessary care without a valid reason or without ensuring the patient's continuity of care.

Forms of patient abandonment

• Abrupt discharge

• Refusal of treatment

• Ignoring calls for assistance

• Sudden termination of care

• Failure to follow-up

• Inadequate handover of care

• Discriminatory practices

• Abandonment in emergency situations

• Failure to address patient concerns

• Non-Compliance without explanation (Discontinuing care due to a patient's non-compliance without attempting to address the underlying issues or provide education and support)