Health Law exam v2

Objectives of tort law

1. Preservation of peace

2. Culpability

3. Deterrence

4. Compensation

Three basic categories of tort law

1 negligent torts

2 intentional torts

3 strict liability

Negligence

A tort, a civil of personal wrong

A form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society.

Elements of negligence

Duty to care

Breach of duty

Injury

Causation

Duty to care

Obligation to conform to a recognized standard of care

Breach of duty

Deviation from the recognized standard of care

Standard of care

The general standard of acceptable care is based on what a reasonably prudent person would do or not do acting under the same or similar circumstances

Duty set by policies and procedures

The standard of care that employees and agents of a healthcare entity must follow can be established through the healthcare organizations internal policies, procedures, rules, and regulations

Community versus national standard of care

Developed as a result of the more reasonable belief that the standard of care should not vary with the locale where an individual receives care

Expert testimony to establish required standard

The courts rely on the testimony of an expert witness as to the standard of care required in the same or similar communities

Injury

Physical harm, pain, suffering, an loss of income or reputation. A defendant can not be negligent if no injury or actual damages occur.

Causation

Requires that there be a reasonable, close, and causal connection or relationship between the defendants negligent conduct and the resulting damages

Failure to alert

The plaintiff and the misreading were departures from accepted medical practice, the injury properly found that those conceded departures were the proximate causes of the plantiffs injury

Foreseebility

The reason anicipation that harm or injury is likely to result from a commission or omission of an act.

Assault

A deliberate threat coupled with the apparent present ability to do physical harm to another

Elements of assault

Deliberate threat

Coupled with apparent

Present

Ability to do physical harm

Battery

The intentional touching of another's person in harmful or offensive manner without that persons consent

False imprisonment

The unlawful restraint of an individuals personal liberty of the unlawful restraint or confinement of an individual

To recover for damages for false imprisonments

1 be aware of the confinement

2 have no reasonable means of escape

defamation of character

A communication to someone about another person that tends to hold that persons reputation up to scorn and ridicule

Slander

Slanderous lawsuits are rare because of the difficulty in proving defamation, the small awards, and high legal fees

Libel

Words must be communicated to a third person in order to be an actionable wrong

Fraud

A willful and intentional misrepresentation that could cause harm or loss to a person or property

3 elements of fraud

1 an untrue statement known to be untrue by the party making it and made with the intent to deceive

2 justifiable reliance by the victim on the truth of the statement

3 damages as a result of the reliance

Assumption of risk

A danger exists and voluntarily accepting the risk by exposing oneself to it aware that harm might occur

Contributory negligence

When a person does not exercise reasonable care for his or her own safety

Statute of limitations

Refers to legislatively imposed time constraints that restrict the period after the occurrence of an injury during which a legal action must be commenced

Monetary

Damages generally are awarded to. Individuals in cases of personal injury and wrongful death

Elements for monetary damages

Nominal damages

Compensatory damages

Hedonic damages

Punitive damages

Nominal damages

Awarded as a mere token in recognition that a wrong has been committed when the actual amount of compensation is insignificant

Compensatory Damages

Estimated reparation in money for detriment or injury sustained

Hedonic damages

Those damages awarded to compensate an individual for the loss of enjoyment of life

Punitive damages

Additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others.

Four elements of emotional distress

Intentional or reckless

Outrageous

Emotional distress

The emotional distress was sereve

Res Ipsa Loquitur

A rule of evidence where negligence may be inferred because an accident occurred

Proximate cause

The cause that is next. To the injury ( the thing that actually causes the injury)

Expert witness

Can offer heir opinion or thoughts on the case

Defendant

May not be negligent if no injury or actual damages result to the plaintiff injury is broken leg, loss of profit

Request for admissions

Questions asked to either party to answer facts (part of discovery )

Standard civil suit

More than less is the standard civil suit.