Healthcare Law and Ethics
Julia Matthews JD/MPH
November 23, 2014
2.2 The Coal Miner
Distinguish among negligent torts, intentional torts, and strict liability.
Describe the major laws that were developed to protect individual’s rights in the healthcare profession. Note several from your text and at least three not listed in your text located from an external source.
Answer the discussion questions for the People Stories: The Coal Miner on page 242 of your textbook:
Based on this coal miner's experience, do you believe the United States Office of Government Ethics is properly regulating itself, as well as other government agencies, or is this just another item on a long list (e.g., items like the Agent Orange controversy) of the U.S. government's failure to take responsibility for its wrongful actions that have harmed others? Discuss your answer. In your answer, consider both sides of the issue.
Explain what action you would take to help Jimmy.
Describe the ethical principles outlined in the Pillars of Moral Strength (see Appendix A of your textbook) that apply to this case.
Tort law is one of the most common laws that effect healthcare providers and their patients. Tort law is defined as a civil wrong; it is when an act is committed against a person or property for which a court identifies an action for damages (Pozgar, 2013). Tort laws do not include breaches of contract instead they impact actions on both a personal and professional manner which is why they are so heavily impacted in the healthcare system. The objectives of tort law are preservation of peace, culpability, deterrence and compensation (Pozgar, 2013).
Tort law is divided in to two categories unintentional and intentional. Unintentional torts are common in healthcare, as most healthcare providers do not intentionally want to cause harm. Situations as such are usually due to negligence. Negligence presents in