The Legal Concept Of Tort Law

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

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.

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

Tort Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the wrongdoer, but rather to pay damages to remedy a wrong. A Tort cannot happen without harm occurring. One who has committed a Tort has broken a law against an individual. Typically, damages are paid to the individual in order to make them “whole” and in an effort to make good on their wrongdoings.

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

Tort of negligence Is a major aspect of tort law and holds a large bearing in many civil cases. Negligence is simply a breach of duty or a

Medical malpractice, the negligence of a health professional in diagnosing, treating, and or caring for a patient, is a specific tort law under the negligence torts. In the medical field, the tort reform has affected many people including doctors, lawyers, insurance company owners and workers, patients, and including other citizens. While large corporations, doctors, and other defendants are benefitting from caps on damages, that is limiting the amount of money that can be granted in court, plaintiffs, lawyers, and citizens are affected differently. Doctor Sage stated in an interview that he has, “never felt that caps on damages had a major effect on patients one way or the other” (“Could Malpractice”). This remark makes those injured question about

In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and

Alexis- Negligence and Intentional torts both contribute to the health industry. Negligence is something that most people sue for, and all health professionals should understand how to avoid these situations. For example: the physician should make sure he/she has a complete understanding about the individual medical need, before releasing them. By doing this they can avoid the chances of misdiagnosing or creating mire problems. Protecting the patients right is and should a mission for each health provider to avoid a potential law suit. All professional should be knowledgeable about the importance of intentional torts a how to avoid crossing that path. Fastidious discussion post for this module, keep up the good work.

1) Introduction a) Definition – A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. A person who breaches a tort duty (i.e., a duty to act in a manner that will not injure another person) has committed a tort and may be

A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116)

(Rixon v Star City). Exigencies of everyday are not classified as “battery” . (rixon v star city).

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

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own