Question

Explain the concept of torts, providing specific example of how the negligence apply to healthcare. describe the four essential elements of healthcare. why is each of these element effective for contract

Answer 1

Tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include the intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy and many other things.Tort law is that body of law which covers violations where one person’s behavior causes injury, suffering, unfair loss, or harm to another person. This is a broad category of law that can include many different types of personal injury claims.

Tort laws serve two basic, general purposes: 1) to compensate the victim for any losses caused by the defendant’s violations; and 2) to deter (discourage) the defendant from repeating the violation in the future.

Medical negligence happens when the medical practitioner fails to provide the care which is expected in each case thus resulting in injury or death of the patient. It can be any tort or breach of contract of health care or professional services rendered by a health care provider to a patient.

Common Examples of Medical Negligence. Medical negligence, commonly referred to as medical malpractice, can take many different forms.Generally, if the injury does not involve the medical care, such as a slip and fall on a wet floor in a hospital waiting room, then there will not be a medical negligence case.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages