Field Guide to the Business of Medicine by Clyne Christopher; Jewell Britton; & Britton Jewell DO MHA

Author:Clyne, Christopher; Jewell, Britton; & Britton Jewell, DO, MHA
Language: eng
Format: epub
Publisher: Wolters Kluwer

Negligence

Negligence is an unintentional act, or omission, that does not perform at least to the standard of a reasonable person under similar circumstances. It requires proof of four parts:

Duty

Breach of duty

Injury

Causality

In health care, clinicians have a duty to care for their patients. A breach of duty can occur when the standard of care is deviated from. The patient must experience harm, or an injury. The cause of the injury must be because of the breach of duty. In order to qualify for negligence, all of these criteria must be met. Negligence can result in malpractice, but not all cases of malpractice are because of negligence.

Intentional Torts

Intentional torts must be performed on purpose. Some common intentional torts that apply to the health care field are listed here, followed by a short definition or example.

Assault: Intending to cause harm to the patient, or the patient believes harm may result.

Battery: Touching a patient without their consent.

False imprisonment: Holding a patient against their will. Avoiding this tort allows competent patients to leave the hospital against medical advice. Physical restraints are not necessary for this type of tort.

Emotional distress: Patient suffering severe emotional distress.

Defamation: Injury to reputation caused by defamatory statements, either spoken (slander) or written (libel).

Invasion of privacy: Failure to uphold the confidential physician–patient relationship.

Wrongful death: A patient death caused by wrongful acts.

Fraud: Lying that results in financial gain, such as falsifying billing or insurance claims.

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