Medical law is a branch of law regarding the obligations and accountabilities of healthcare professionals and their patients. Medical law’s primary realm of interest involves medical malpractice (negligence), torts related to medical care, confidentiality, ethics in addition to criminal law (HG.org, n.d.). In this case, the plaintiffs alleged medical negligence in that the defendants should have consulted a specialist at least seven months prior to the decedent’s diagnosis. Therefore, the failure to exercise reasonable care in order to protect another from the possibility of injury or death is considered negligence (HG.org, n.d.). According to Pozar (2016), negligence is part of a tort law; thereby, a civil wrong doing perpetrated towards
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In tort law, failure to exercise a standard of care is considered a clear cause of action which gives a person just cause to pursue legal restitution against another (USLegal.com, n.d.). As stated by Rudolph (2010), “Causation is one of the hardest factors to prove in a case. The burden of proof rests with the plaintiff” (p. 48). Therefore, the plaintiff must substantiate all four elements of negligent liability in a legal dispute in order to prevail a lawsuit (Pozar, 2016). The four element of negligence include: duty of care, breach of duty, causation, and damages (Pozar, 2016; Rudolph, 2010). A duty of care begins with an established relationship between the defendant to the plaintiff for which the defendant is bound to the plaintiff in adhering to an accepted standard of care (Pozar, 2016; Rudolph, 2010). As a result, the failure to act in accordance within the duty and to adhere to a standard of care is considered a breach of that duty (Pozar, 2016; Rudolph, 2010). Some common breaches for healthcare professionals can include: failure to diagnose, failure to treat, and failure to inform patient of risks (Boeschen, n.d.). Nursing breaches may include: failure to notify, failure to report, failure to evaluate, failure to observe, failure to document, failure to recognize, and failure to go up the chain of command
In tort law, failure to exercise a standard of care is considered a clear cause of action which gives a person just cause to pursue legal restitution against another (USLegal.com, n.d.). As stated by Rudolph (2010), “Causation is one of the hardest factors to prove in a case. The burden of proof rests with the plaintiff” (p. 48). Therefore, the plaintiff must substantiate all four elements of negligent liability in a legal dispute in order to prevail a lawsuit (Pozar, 2016). The four element of negligence include: duty of care, breach of duty, causation, and damages (Pozar, 2016; Rudolph, 2010). A duty of care begins with an established relationship between the defendant to the plaintiff for which the defendant is bound to the plaintiff in adhering to an accepted standard of care (Pozar, 2016; Rudolph, 2010). As a result, the failure to act in accordance within the duty and to adhere to a standard of care is considered a breach of that duty (Pozar, 2016; Rudolph, 2010). Some common breaches for healthcare professionals can include: failure to diagnose, failure to treat, and failure to inform patient of risks (Boeschen, n.d.). Nursing breaches may include: failure to notify, failure to report, failure to evaluate, failure to observe, failure to document, failure to recognize, and failure to go up the chain of command