Professional Documents
Culture Documents
Leadership & Management
Leadership & Management
Civil Law: One individual sues another for money to compensate for a perceived loss.
Preponderance of the evidence
More than likely guilty
Most malpractice cases
Plaintiff: the injured party
Defendant: The professional who is alleged to have caused the injury.
Negligence: The omission to do something that a reasonable person, guided by the considerations that ordinarily
regulate human affairs would do- OR doing something a reasonable and prudent person would not do.
Reasonable and Prudent: Generally means the average foresight, judgement, intelligence, and skill that would be
expected of a person with similar training and experience.
Malpractice: A failure of a person with professional training to act in a reasonable and prudent manner aka:
professional negligence
Elements of Malpractice:
Standards of care must have been established, for example, policies and procedures, job descriptions, and
student guidelines
Breach of Duty: standard was violated
Foreseeability of harm: Nurse must have had knowledge that harm could have resulted
A direct relationship between the breach and the injury must be proved. There must be a provable
correlation between improper care and injury to the patient.
An actual injury must have occurred, and it must be more than transitory.
Incident Reports:
HIPPA established regulations of individually identifiable health information in verbal, electronic and
written form.
Social security number, address, and phone number are examples of personally identifiable information.
HIPPA is a federal law.
Clients have a right to read and obtain a copy of their medical records
Informed Consent
Intentional Torts
ASSAULT: Conduct that makes a person fearful and produces a reasonable apprehension of harm- a threat
Battery: an intentional and wrongful physical contact that entails an injury or offensive touching, for
example, performing a treatment without consent
False imprisonment: when a person intentionally restrains another’s ability to move freely
Defamation: communicating (written, printed, broadcasted) information that injures a person’s reputation
Slander: spoken communication that injures a person’s reputation
Invasion of privacy
Implied Consent