We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Legal issues and concepts - Essay Example

Comments (0) Cite this document
Summary
Despite legal issues being a regular feature of the practice of clinical medicine, physicians are not, in general, trained in the medico legal aspects of medicine. The violation of clinical responsibility constitutes, at least in part, the basis of unprofessional conduct…
Download paper
GRAB THE BEST PAPER
Legal issues and concepts
Read TextPreview

Extract of sample
Legal issues and concepts

The concept of malpractice was related to the medical profession in 1768 by Sir William Blackstone, who defined mala praxis or bad practice to include, "Injuries... by the neglect or unskillful [sic] management of [a person's] physician, surgeon, or apothecary... because it breaks the trust which the party had placed in his physician, and tends to the patient's destruction2."
Tort law comes into play whenever one person harms another. Tort derives from a Latin word which means twisted. Therefore, a tort is an act that has been twisted from the benchmark or is in other words a wrong. The objective of the legal system in resolving torts is to restore the plaintiff to his previous condition; however this can prove to be impossible in many medical situations. If this is not possible, then money is awarded to compensate for the damages that the defendant caused the plaintiff.
In the mid 19th century, physicians strived to obtain for medicine the status of a profession, arguing that physicians and patients were not peers and, hence their relationship should not be judged under the contract law. This change in status enabled medicine to obtain the licensing laws sought by physicians of the period. However, it also served to force malpractices into the sphere of torts, which are vaguer, easily manipulated and more subject to interpretation.
A malpractice tort comprises of four criteria, first, duty to treat; second, deviation from the standard of care; third, damages; and finally, the causation of damages by the deviation, which is also known as proximate cause. Success in a malpractice action requires the plaintiff to establish that the defendant has met all the four criteria otherwise the defendant will not be held to be guilty of malpractice.
Depending on the state, additional criteria might be required for allowing a case to go to a jury trial. The term duty refers to a duty to provide the standard of care, which is established when the physician patient relationship is created. It refers to the duty to show the required skill, care, and diligence that a prudent physician would have shown under similar circumstances.
In the emergency department (ED), the physician and patient have no choice in choosing the relationship. The federal Emergency Medical Treatment and Active Labor Act (EMTALA)3 applies to EDs requires emergency physicians (EP) and hospitals to provide medical screening examination in all emergency cases, regardless of that person's paying capacity.
Under EMTALA, ED and emergency medicine (EM) physicians have to provide care, whereas private practitioners need not do so. Since, EMTALA has unequivocally established the duty of a hospital and EM physician towards the patient, the premise of duty is an uncommon contention in EM malpractice cases.
Causation in technical cases, like those involving medical practice can prove to be abstruse for a layperson. Further, confusion is caused by the differences between medical causation and the legal concept of causation. Legal causation or proximate cause refers to the single causative factor of injury. The defendant physician is liable for injuries if they had been of an anticipated nature.
In Falcon v Memorial Hospital4, a woman after childbirth had an amniotic embolism and died due to non provision of an intravenous line, which according to the testimony, would have given her 37.5% chance to survive. The court held that this had resulted in the patient being deprived of a chance to survive ... Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal issues and concepts Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/292126-legal-issues-and-concepts
(Legal Issues and Concepts Essay Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.net/miscellaneous/292126-legal-issues-and-concepts.
“Legal Issues and Concepts Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.net/miscellaneous/292126-legal-issues-and-concepts.
  • Cited: 0 times
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Issues in Global Business and Strategic Concepts
14 Pages(3500 words)Essay
Legal and Ethical Issues in the Workplace
Since people belong from various social backgrounds and diverse cultures, it is essential for people to work in a friendly and respectful way. They should abstain from hurting their colleagues physically, verbally and psychologically in order to maintain a peaceful and cordial environment.
5 Pages(1250 words)Essay
Issues in Global Business and Strategic Concepts
Providing with a short introduction about Australian mining sector and the mineral extraction trend observed in the economy, the research conducted in this essay aims to explore about the conditions of the sector in the recent phenomenon. As per the obtained findings in this study, Australia has an abundant source of natural resources, wherein the contribution of each and every element has discussed significant influence on the economic versatility of the country within the international paradigm.
8 Pages(2000 words)Essay
Professional & legal issues
The given condition is that one of the very important electronic equipment used in ICU is malfunctioning. The problem is basically a software error. Now these problems are generally tackled for my colleague and it is he who has actually developed that program.
8 Pages(2000 words)Essay
Legal Issues in Reduction of Workforce Simulation
The author of this essay analyses the issue of termination. He thinks that one of the best ways to obtain a vivid understanding of real life issues is through viewing a simulation such as this one. The company that was represented in this particular simulation was Fast Serve, Inc., a direct marketer of branded sports apparel.
5 Pages(1250 words)Essay
Suggest one change in the U.S policy (regarding legal or illegal immigration) and discussed potential economic impacts on at least three stakeholder groups using the key economic concepts in this course. The course is Economic of Social Issues. The writin
The increasing order of migrant demography could be imagined in the light of certain facts. In 1890, the Castle Garden of New York considered inadequate to the volume of immigrants entering through it. However there were many other offices for immigrant affairs and
3 Pages(750 words)Essay
Legal Issues in Education
In this paper, the major focal point will articulate on the academic freedom that nursing students and teachers enjoy. It will also look at the responsibilities that come with the freedom. Academic freedom is a wide issue. The protection covers a student
3 Pages(750 words)Essay
Legal issues
In work places, there are several situations that may force the employer to discipline his employees. For example, an employer may be forced to discipline his employee due to lack of notification
1 Pages(250 words)Essay
Issues in Global Business and Strategic Concepts
The idea of Porter seems a special focus in the work at hand, but there are also various criticisms from other theories that are included in order to sufficiently address the actual point. It was found that it is vital to
14 Pages(3500 words)Essay
Legal issues
This is demonstrated by the fact that she went for lunch before she informed the physician that the patient’s condition needed immediate attention. Nurses are obliged by the Nursing Practice Act to communicate all pertinent information to
2 Pages(500 words)Assignment
Let us find you another Essay on topic Legal issues and concepts for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us