Negligence: Tort and Position Statement

What is malpractice? The given definition is improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official. These cases are occurring more all over the state than they should be due to human era. The people at the hands of doctors are being let down as well as left with disfiguration or even death. These cases are leaving people to question their surgeons as well as the nurses attending with them.

Legal Issues: Due to several medical errors from both the Hospital and Nursing facility legal can step in and make a case for Medical Negligence. This case may not have been intentional but too many mistakes bypassed people on several occasions and by two different organizations caused the patient to have an extension of a stroke. Doctors and medical staff have an obligation and duty to their patients to be in line with the “Medical Standard of Care.” This legal term is defined as, “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient.” Here the physician did not provide the quality of care to the patient because he/she did not adequately review the patient history and medications properly.

In most cases, medical malpractice or negligence is a medical disorder, diagnosis, medicine, health management, treatment and aftercare involved food. Nothing (an act of omission), or was an act of negligence may be mistaken. Medical malpractice law to recover any resulting damage to compensate for inferior

Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under circumstances similar to those shown by the evidence.It is the failure to use ordinary or reasonable care.Ordinary or reasonable care is that care which persons of ordinary prudence would use

Negligence is carelessness amounting to the culpable breach of a duty, ie failure to do something that a reasonable person (ie an average

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Confused by a repeating dream, Joseph Benson wakes up and realizes the wrong leg was amputated. Even under the best of circumstances, mishaps such as this one do occur as a result of negligence and cause unnecessary duress to patients. This paper will discuss the difference between negligence, gross negligence, and malpractice. I will present my opinion of the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. I will also discuss the importance of documentation as it relates to ethical and legal requirements, and the ethical principles that would guide my practice as a nurse in

malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.

Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

“Medical malpractice is defined as professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient, with most cases involving medical error” (Medical Malpractice).

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

In the court of law, negligence can be described as an unintentional tort. Negligence is a duty to the plaintiff (party which sues) that the defendant (party being sued) owes, based on a breach of promise to exercise care and safety. The plaintiff must prove that the defendant’s actions fell short of a “reasonable” standard. To prove a negligence case, there are several foundational requirements that must be present in order to carry out a trial. The first being, one must establish a duty of care, or relationship between the plaintiff and defendant. The simplest form is one’s obligation to the world, in which you must act in such a way to not put another person in unreasonable risk of harm. In the cases being presented, Fudge v. The City of Kansas City, and Purton v. Marriott International, this duty of care is established as Delmar Henley and James Fudge were citizens of the same town but did not know each other prior to the accident, nor did Dr. Jared Purton nor Michael Landri (of Marriott) have a prior connection. The second step is to determine the duty owed to the defendant. In our cases, monetary compensation were at stake. Proximate causality, or primary cause of the sustained injury represents the third foundation, and an act from which an injury results and ultimately answers the question as to whether or not the defendant’s action is closely enough related to the plaintiff’s

Negligence can be identified as one of many Torts. It is considered to be the most popular Tort. Negligence can be briefly defined as failure to take care on something and another party suffers

The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeable cause to other people.”