Differences Between Tort Law And Criminal Law

A tort is an act of wrong doing to one in the absence of a contract. The wrong doing occurs when there is a breach of duty, that is, when one has been inattentive to act in a reasonable manner. The wrong doing or wrongful act must cause loss or injury in order to be acknowledged as a tort. Furthermore, a tort is not necessarily a crime, but depending on the wrongful act committed, could be considered both a tort and a crime, such as when one is physically attacked. A tort is treated as a civil wrong, is used to more or less, make amends to the individual victim via compensation; punitive damages may also be assessed. A crime is considered a public wrong, a breach of duty to the general public, resulting in criminal action being taken by the state, which may include punishment via incarceration. (McAdams, 2015, p. 278).

Topic: Choose an aspect of the law and discuss this in relation to the role of the nurse. (Consent)

Use the BUGusa, Inc. scenarios and your research to support your answers to the questions listed in the worksheet, classifying the types of torts in each scenario.

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.

Explain how respondeat superior and vicarious liability applies to employees of a health care facility. Include how these doctrines will apply not only to direct care givers but to office personnel and administration as well.

The purpose of tort law is to provide compensation to victims when they have experienced harm or loss. Making the person “whole” and

As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American Nurses Association, 2011).

Tort Law: A right of a private citizen to take legal action against an entity or human if harm has been caused. The issue within the legal action does not have to be against the law. The primary goal of tort law is to require financial compensation to the individuals that have been harmed and deter future similar actions to happen.

Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. Some of these duties include respecting a patient 's confidentiality and autonomy, and to recognize the duty of care that is owed to all patients. As nurses our duties are always professional; however there are legal implications if these duties are breached. We also must consider when it is okay as nurses to breach these duties and therefore ethical issues arise. As nurses one of our main priorities is to advocate for our patients, without our own personal feelings on the matter taking over.

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.

Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. To facilitate this discussion, I will identify a scenario from practice that

Blackwell, w. (2014) states that we live in a society governed by an excessive extent of rules and regulations. Many of these rules apply to every individual within society for example rules relating to the use of public services; while other rules will focus and apply only to specific groups of individuals such as healthcare professionals. The aim of this assignment is to discuss the concept of consent in relation to the role of the nurse, with the purpose to demonstrate the ethical and legal implication of consent on nursing and professional practice.

Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law

While criminal law deals with crimes against society of the state, tort law is concerned with compensating the victims of noncriminal wrongs. Tort is a noncriminal injury to other persons or their property or reputation. There are two types of torts: