Tort Law

Topics: Tort, Common law, Duty of care Pages: 4 (1200 words) Published: April 2, 2012
Lakeshia S. Dalton
HCC 322
Instructor Hwang-Ji Lu
May 31, 2011

Laws are put into place to regulate the behavior of people to benefit society. According to Pozgar, laws are designed to prevent harm to others while protecting the rights of individuals (Pozgar 2010 Pg 175). Without laws the world would be a dangerous place to live. There are four laws that most affect the provider and receiver of care. They are tort law, criminal law, contract law , and trial procedures.

The most important one to me that would impact the health care field the most would be tort law. This is the law that is a civil wrong. It does not consist of a breech of contract, but is committed against a person or property and is left up to the courts to decide what the punishment should be in the form of an action for damages. Tort actions involves a person’s personal as well as their professional life. This is the very reason why it is important for those in the health care field to know and understand their rights and responsibilities. “The objectives of tort law are the preservation of peace (between individuals by providing a substitute for retaliation); culpability (to find fault for wrong doing); deterrence (to discourage the wrongdoer (tort-feasor) from committing future torts); and compensation (to indemnify the injured person(s) of wrong doing.” (Pozgar 2010 pg 175)

Negligence is a form of a tort it could be a civil or a personal wrong. This act is wrong because it could have been avoided if the people or person involved had taken the time to evaluate the situation and done the right thing. In todays society there is not enough room for error. If you commit a wrong you are held accountable for your actions. No matter the fault it is you who are in the wrong if negligence is the reason for the case. There are too many cases to count that are the result of someone not paying attention to detail or failing to do the right thing...

References: Pozgar, George (2010). Legal and ethical Issues for Health Care Professionals (2nd ed). Jones & Bartlett: Sudbury, Ma.
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