Negligence Case
. Identify and explain the four elements of proof necessary for a plaintiff to prove a
Negligencecase.
The four elements of proof necessary for negligence to be proved are Duty to protect, Failure to Exercise Reasonable Standard of Care, Proximate Cause and Actual Injury. In a health care setting, Staff and physicians have a duty to protect patients from foreseeable dangers that could lead to injury. They have a duty to make sure equipment is in good working order, so it does not lead to harm. They also have a duty to take preventive measures which create a safer environment. For example, staff have a duty to prevent patients from accidental shock during the use of electronic treatment or diagnostic devices, by making sure they are …show more content…
Some believe that a “conspiracy of silence” among physicians makes them reluctant to testify against other members of the profession, and if a physician is not a party to the lawsuit, she cannot be forces to testify. Evidence other than expert opinion is admissible in some instances to prove negligence, however, and occasionally even the defendant physician may provide the needed expert testimony.
3. Explain the principle of “vicarious liability” (respondeat superior).
A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and it is based on the principle of respondeat superior-let the superior respond for the negligence of agents or employees. Thus, physicians and other providers are responsible for the negligent acts of their nurses, paramedics, x-ray technicians, and other persons in their …show more content…
It is vital for a hospital to perform effectively, to provide quality care, and to maintain a good reputation in the community it serves.
The governing board of a health care corporation is responsible for the “clinical, operational and regulatory issues surrounding quality of care” (Callender,2004). The clinical aspect of the responsibility refers to the care and treatment of patients in a competent manner that is most beneficial to the patient. Operational responsibility refers to the process that are used in providing care. These can include, but are not limited to, electronic records management systems, insurance billing processes, procedures for determining access to electronic record and communications systems used throughout facilities. Operational responsibilities can also include the processes used to determine what equipment should be invested in and whether financial investments are justified. Regulatory responsibilities include ensuring the OSHA guidelines are followed in each department regarding storing handling andusing potentially hazardous chemicals, ensuring that staff in all departments are familiar with and practice reporting of all communicable diseases required to be reported to the CDC and that all facility policies are understood and followed by staff in all
Negligencecase.
The four elements of proof necessary for negligence to be proved are Duty to protect, Failure to Exercise Reasonable Standard of Care, Proximate Cause and Actual Injury. In a health care setting, Staff and physicians have a duty to protect patients from foreseeable dangers that could lead to injury. They have a duty to make sure equipment is in good working order, so it does not lead to harm. They also have a duty to take preventive measures which create a safer environment. For example, staff have a duty to prevent patients from accidental shock during the use of electronic treatment or diagnostic devices, by making sure they are …show more content…
Some believe that a “conspiracy of silence” among physicians makes them reluctant to testify against other members of the profession, and if a physician is not a party to the lawsuit, she cannot be forces to testify. Evidence other than expert opinion is admissible in some instances to prove negligence, however, and occasionally even the defendant physician may provide the needed expert testimony.
3. Explain the principle of “vicarious liability” (respondeat superior).
A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and it is based on the principle of respondeat superior-let the superior respond for the negligence of agents or employees. Thus, physicians and other providers are responsible for the negligent acts of their nurses, paramedics, x-ray technicians, and other persons in their …show more content…
It is vital for a hospital to perform effectively, to provide quality care, and to maintain a good reputation in the community it serves.
The governing board of a health care corporation is responsible for the “clinical, operational and regulatory issues surrounding quality of care” (Callender,2004). The clinical aspect of the responsibility refers to the care and treatment of patients in a competent manner that is most beneficial to the patient. Operational responsibility refers to the process that are used in providing care. These can include, but are not limited to, electronic records management systems, insurance billing processes, procedures for determining access to electronic record and communications systems used throughout facilities. Operational responsibilities can also include the processes used to determine what equipment should be invested in and whether financial investments are justified. Regulatory responsibilities include ensuring the OSHA guidelines are followed in each department regarding storing handling andusing potentially hazardous chemicals, ensuring that staff in all departments are familiar with and practice reporting of all communicable diseases required to be reported to the CDC and that all facility policies are understood and followed by staff in all