Health Care Law Lesson III
docx
keyboard_arrow_up
School
Taft Law School *
*We aren’t endorsed by this school
Course
675
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by AdmiralHyenaPerson904
12/12/2023
Harris, Maxwell Gamal
Health Care Law
Lesson III
Answer the following questions. Each answer should be not less than 200 words nor more than 1,000.
Describe the two major differences between intentional and negligent wrongs.
Civil suits involve different causes of action, and they are included in one general classification:
torts
. The word “tort” means “wrong” in French. Thus, torts are wrongs committed against others who suffer some form of damage as a result. While this damage could also be the result of criminal action, the criminal element of the matter is not tried in a civil lawsuit. The standard of proof is lower for civil suits, and a finding of liability in a tort case does not necessarily translate to guilt in a criminal case.
Intentional torts are committed by an offender who understands that he or she is committing a tort. Intent does not always equate to directly causing a result. In some cases, the intent may be something else, such as the possession of knowledge that some harm may occur. The harm may result from intentional action, or due to some circumstance that the offender feels will be excusable. If the injured party agrees to allow the defendant to
juggle knives and one slips and causes harm, the action might be excusable to some extent. If a defendant caused harm to the plaintiff’s car while trying to avoid being hit by the car, it would likely be excusable.
Negligence is another type of tort that has two meanings. It is the name of a
cause of action
in a tort, and it is a form of conduct that does not meet the
reasonable standard of care. The cause of action is the reason for the damage, and the standard of care is based on the care that a reasonable person would need in each situation. Negligence is decided by determining the duty of the defendant, whether the defendant committed a breach of that duty, the cause of the injury, and the injury itself. For an action to be deemed negligent, there must be a legal
duty of care
, or responsibility to act, based on the reasonable standard in a situation.
List an intentional tort and a negligent tort that may be committed by a physician, and the elements of each.
Assault
is an intentional tort that occurs when an individual has a reasonable apprehension of an intentional act that is designed to cause harm to himself or herself, or to another person.
Malicious prosecution
occurs when an individual files a groundless complaint to initiate a criminal matter against another.
Defamation
occurs when an individual intentionally creates and promotes malicious falsehoods about another. Defamation can occur in two ways: slander and libel.
Slander
is, in effect, when falsehoods are
spoken.
Libel
occurs when falsehoods are expressed in written or other recorded forums.
Invasion of privacy
involves unwanted production of negative public information. Different standards apply to invasion of privacy based on the status of the individual as a public figure.
Describe how the standard of conduct of a reasonable person may be established.
The standard of conduct of a reasonable person is a legal concept that is used to determine whether a person’s actions were negligent or not. It is established by looking at what an ordinary, prudent person would have done in the same situation. This standard is objective and considers the circumstances surrounding the situation. For example, if a person is driving a car on a busy street, the standard of conduct would be higher than if they were driving on a quiet country road. The reasonable person standard is often used in civil cases that involve negligence.
In such cases, the defendant is held liable if they failed to meet the standard of conduct of a reasonable person and caused harm to the plaintiff.
Establishing the standard of conduct of a reasonable person is important because it helps to ensure that people act responsibly and take reasonable precautions to avoid causing harm to others. A legal standard applied to defendants in
negligence
cases to ascertain their
liability
. All members of the community owe a
duty
to act as a reasonable person in undertaking or avoiding actions with the risk to harm others. If an individual fails to act as a reasonable person and their failure injures someone, they may be liable to that person for such injuries. Whether a person met the standard of a reasonable person is often a
question of fact
for the jury to determine.
Describe how the standard of care for a physician is established.
The standard of care for a general practitioner physician and a physician that specializes in a particular area of medicine can differ in several ways.
General practitioners are primary care physicians who provide medical care
to patients of all ages, while specialists focus on a specific area of medicine and provide more specialized care. Specialists have more in-depth knowledge and training in their area of expertise, which allows them to diagnose
and treat complex medical conditions that may require specialized care.
Describe the difference between the standard of care for a general practitioner physician and a physician that specializes in a particular area of medicine.
In the medical profession, a
general practitioner
(
GP
) or
family physician
is a
physician
who treats
acute
and
chronic illnesses
and provides
preventive care
and
health education
to patients of all ages. GPs' duties are not confined to specific fields of medicine, and they have skills in treating people with multiple health
issues. They are trained to treat patients to levels of complexity that vary between countries. The term "primary care physician" is more usually used in the US.
Besides general practice, primary care also includes family medicine, internal medicine, pediatrics, and geriatrics. What distinguishes general practice from these services is its more general approach. Essentially, while most of these practices specialize in treating a particular group of diseases, general practitioners offer more general medical services, providing them to people of all ages and not focusing on a specific range of illnesses.
A
medical specialty
is a branch of medical practice that is focused on a defined group of patients, diseases, skills, or
philosophy
. Examples include those branches of medicine that deal exclusively with children (pediatrics
), cancer (
oncology
), laboratory medicine (
pathology
), or primary care (
family medicine
). After completing
medical school
or other basic training,
physicians
or
surgeons
and other
clinicians
usually further their
medical education
in a specific specialty of medicine by completing a multiple-year
residency
to become a
specialist.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help