Tort Law and Reform Term Paper
Tort Law and Reform
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Description:
The author discusses tort law as a confusing concept that society should be educated about because the issue of legal and financial tort liability of governing board members and administrative officers has been increasing fear in the daily activities of health care institutions. The paper focuses on three main categories of tort law: negligent torts, intentional torts, and strict liability.
From the Paper:
"Negligence is a tort and a form of conduct caused by carelessness that constitutes a departure from the standard of care, generally imposed on reasonable members of society. Negligence of a professional person is classified as malpractice. Malpractice suits can claim a variety of mistakes made by professionals including misdiagnosis, mistreatment, delayed diagnosis, failure to diagnose, surgical errors, or medical errors. There are three basic forms of negligence and those are malfeasance, misfeasance, and nonfeasance."Malfeasance is the act of an unlawful or improper action. Misfeasance is improper performance of an act, resulting in injury to a person. Nonfeasance is failure to act when there is an obligation to act as a reasonably cautious person would under similar circumstance.
The elements that must be present for a plaintiff to recover damages caused by negligence are duty to care, breach of duty, injury, and causation. Duty to care is the obligation to conform to a recognized standard of care. Breach of duty is the deviation from the recognized standard of care and the failure to adhere to an obligation. For an injury there must be a damage established and if there are no injuries there are no damages due to the plaintiff. All four elements of negligence must be present for a plaintiff to recover damages suffered as a result of a negligent act (Pozgar, 22)."
Sample of Sources Used:
- Huber, Peter. (1988). Liability. New York. Basic Books, Inc., Publishers.
- Pozgar, G. D., & Santucci, N. M. (2009). Legal essentials of health care administration. Sudbury, Massachusetts: Jones and Bartlett Publishers.
- Skul, David. "Understanding Tort Law." LawyerIntl. 30 Jan. 2010 <http://www.lawyerintl.com/law-articles/2088-Understanding%20Tort%20Law>.
Cite this Term Paper:
APA Format
Tort Law and Reform (2010, March 25)
Retrieved June 07, 2023, from https://www.academon.com/term-paper/tort-law-and-reform-119014/
MLA Format
"Tort Law and Reform" 25 March 2010.
Web. 07 June. 2023. <https://www.academon.com/term-paper/tort-law-and-reform-119014/>