demands health care providers not only provide excellent care, but also document the care they provide to ensure they are not subject to accusations of negligence, or gross negligence that can lead to malpractice suits. This paper will differentiate between negligence, gross negligence, and malpractice. In order to further examine these issues an article titled “Amputation mishap, negligence cited” from The Neighborhood News in which “Earlier this week, 62-year-old Joseph Benson underwent an amputation
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published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is one of the major area that fail to provide quality health care medical treatment to patients, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a Negligence action. When patients suffered an injury, which he or she should be compensated, the reason
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Unit 3 Liability Issues Project January 21, 2013 The Doctrine of Apparent Authority in Medical Malpractice Cases explains that a hospital will be deemed to have held itself out as the provider of care, unless it gives the patient notice that the doctor was an independent contractor. Under the doctrine of corporate liability, it is the hospital itself that is negligent. The article is stating that hospitals are liable for the mistakes of their workers and are not able to put the
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explain the four elements of proof necessary for a plaintiff to prove a negligence case. A plaintiff suing for medical malpractice has the burden of proof to show the four elements necessary to prove negligence. The standard four-element account of negligence is duty of care, breach of duty, injury, and proximate cause. A person accused of malpractice can defend him or herself by showing that one of these elements is missing and/or by establishing an affirmative defense. “The
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to be aware of the terms negligence, gross negligence, and malpractice as well as fear of experiencing involvement in any situation containing these terms as a health care provider. As health care providers it is important to be aware of these terms as well as the laws and policies that guide each healthcare practices. This purpose of this paper is to provide the differences between legal terms gross negligence, negligence, and malpractice as well as provide a rationale for this mishap and the importance
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Texas is to create and maintain a fair, honest, and predictable civil justice system that balances the rights of both plaintiffs and defendants. House Bill 4 (HB4) was enacted to curtail frivolous lawsuits, limit runaway jury awards, and reduce malpractice liability insurance premiums in 2003. Depending on whom you agree with, Texas tort reform has helped in some areas, but also hurt in other areas. The Need for Reform Prior to 2003, Texas was known as one of the nation’s “judicial hellholes.”
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major area within health care law that civil procedure is utilized is medical malpractice cases. Medical malpractice occurs when there is professional misconduct or lack of skill in providing medical treatment or services (McElrath, n.d). The victims of medical malpractice seek compensation for their physical and/or emotional injuries through a negligence action. A defendant physician may be found liable for medical malpractice if the plaintiff patient can establish that there was in fact a patient-physician
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K101 Foundation course to health & Social care. I have decided to study the K101 course because I want to develop my understanding of health and social care in order to better my understanding of the elements of occupational therapy; ultimately with a view to applying for a course in the subject at University. By completing this foundation course I am hoping to achieve the credits that are required to secure a place at university. I want to learn in depth the care we can receive within
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Gross Negligence, or Malpractice Lesli Sherwin, RN HCS/478 Health Law and Ethics May 11th, 2015 Lynda White ADN, BS Negligence, Gross Negligence, or Malpractice Malpractice includes both negligence and gross negligence. Malpractice is a tort in which a person who claims a practice in some profession fails in their duty, lacks in their skill to the extent that it causes damage to their client or patient. Negligence and gross negligence are both forms of malpractice. Simple ordinary negligence
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Ebony Stewart May 7, 2014 Estimating Health Care Associated Infections and Deaths in U.S Hospitals as Oppose to Medical Malpractice Epidemiology Introduction This study was conducted for two important reasons. Deaths in the United States as well as an estimation to provide information for the number of healthcare-associated infections (HAI) were the purpose. The data sources used were 1) National Nosocomial Infections Surveillance 2) National Hospital Discharge Survey and 3) American
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