Legal Aspect

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Legal Aspect of Healthcare
01/26/12

Notes

Tort Law- Private law p.32
Civil wrong- automobile accident
Medical malpractice.

Why are you able to sue? 1.The preservation of the peace. 2.Copability define fault 3. Detorance. 4. Compensation- to give money to the other party.

Three categoteis of tort law
1. Neglegance
2. Intentional
3. Strict product liability
Standard of care froms
1. malfeasance
2. misfeance
3. nomfeance

degrees
ordinary
gross negligence- …what should have been done

what would ordinary prudent person have done in that situation? What would Jesus do?

p.34 chart
element of negligence
1. duty to care-legal obligation of care, performance, or observance imposed on one to safeguard the rights of others.. Case page 34 bonx county 2. breach of the duty
3. injury
4. causation

burden of proof prepornuance of the evident

II plentance
^defendant

EMS- legal right to kill? Ex.
Good samratitan law- if a doctor helps and is off duty can not be sued.

Negleence if you don’t have the formal consent
Foursealder
Comtebrutory negligence- did not tell the doctor has an allergic reation. the doctors and a hospital can be sued.
Malpractice insurance- They have to carry if they do make a mistake in someones life 5 million the insurance will pay out.

Intentional torts.
Assault- threat to touch
Battery- touching or the surgeon did a sugery or someone else without your consent,. False imprisonment- held in a hospital without your will sichiatric, suitatle…. P.43

Definition of character
Liable and slander

Fraud. P.60 kansas
Doctor peformed abdominal anesctomy she become with abdominal ditress. He sees in the xrays and he does not tell her. Ten years later she realizes she has sponges…. She sues the doctor.

Statues of limitation- You have 2 and half years
Doctor defense is that 10 years past statues of limitation.

Invation of privacy- medical records HIPPA. Its...
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