Torts, Liability, Negligence, Malpractice
Module 6
Torts: Relationships between private individuals (not Gov.)
Negligence
To recover an award for damages plaintiff must show these 4 items:
1. Defendant had a duty to prevent or to avoid harm to the plaintiff
2. Defendant failed to meet the standard of conduct
3. Damages
4. This failure of defendant was the actual and proximate cause of the damage
item 1. Element of duty
An aside on Duty: Good Samaritan
Item 2. Standard of Conduct
Item 3. Damages
Item 4. Causation determination: Actual and Proximate Cause
Issue in causation: May have caused harm to third party, e.g. misdiagnosed contagious disease
Legitimate defenses
)
Areas of Potential Institutional Negligence
Employee- Employer Relations
Employers are vicariously liable for negligence for torts employees committed in course of employment because:
Darling case
Courts view physician as independent contractor unless true employee of hospital
Employee or Independent Contractor
Employee or Independent Contractor
EMTALA
Updated 7/10/20
Slides developed using Wing’s Law and the Public Health, 7th ed. 2007