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Malpractice/Negligence and Liability - Assignment Example

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Author : martinekoepp

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Title Name Institution Professor Date Organizations are responsible for the goods they produce and where applicable are liable for legal harm sustained. This is the same in medical practice where the professionals involved are responsible for any malpractice and negligence in the course of their work…

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Malpractice/Negligence and Liability

Negligence ahs been defined as failure to use such care as a careful person would use under the same circumstances. When a professional commits negligence, this is malpractice, but not all malpractice amounts to negligence. In the United States of America, the reported cases of malpractice are mainly held with the medical sector and in the health care departments. This can be attributed to lack of enough care providers, lack of expertise, poor working situation, poor staffing and inadequate qualified health care professionals, pressure at work among others. However, this should not be used as an excuse for negligence and malpractice in the sector (Brenner, 2010). A person who sustains legal harm following a suit on negligence can sue in a court of law and is liable to be compensated. The advances in the innovation sector such as the use of internet has produced knowledgeable patients on the issue of healt care who are much aware of the risks of treatment. In this case, patients can be able to assess for themselves information and analyse of the reasonableness of the care they are receiving. In the US, malpractice is legally classified as a tort and can be either intentional or unintentional where a person is entitled to compensation In the courts of law, the plaintiff needs to proof acts of neglince or malpractice by the defendant. ...
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