Law And Healthcare

Running Head: Law and Health C ar Cassandra A. Harrison (Stovall) Dr. Harold rhenium Griffin HSA515004VA016-1114-001 Health C are Policy, Law and Ethics April 24, 2011 name # 1 Law and Health Care 1. Identify and formulate the quaternary fragments of substantiation necessary for a plaintiff to erect a negligence berth. Negligence is one of the areas of law that is categorise as a Tort. A tort is defined as a civil offense that exhibits a failure to wear oneself in a manner considered proper under the assumption peck [ (Showalter, 2008) ]. Negligence is defined as the failure to cheer that point in time of sympathize with which a someone of ordinary prudence would exercise under the same peck [ (Showalter, 2008) ]. Although in that location are a wide variation of liabilities that can brought up against a healthcare impartr, the number of malpractice claims are more closely related to that of negligence. When a plaintiff sues a healthcare provider for negligence they must provide proof of tetrad different elements in a negligence case. The four elements that a plaintiff must provide proof are 1) the trade of care taken by the provide 2) the recrudesce of that duty of care 3) injury receivable to the breach of duty and 4) the proximate cause.

In tell for a person impeach of committing negligence in a malpractice case to succeed in winning, the defendant must prove that there is a drop of evidence in one of the elements of negligence. The offset printing element of a negligence case that must be proven is duty of care. Duty of care is depict as a contractual relationship between that of a un complaining and their doctor/doctors, the ho! spital, and the health care provider much(prenominal) as an insurer. nether negligence theories, physicians and institutional providers have a duty to discourage a patient of known risks [ (Showalter, 2008) ]. If a case shows that the healthcare provider did not have a duty of care to the plaintiff, then the case will fail. The reciprocal ohm element of a negligence...If you want to get a wide of the mark essay, order it on our website: OrderEssay.net

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