Torts in a Health care setting

What is a Tort? A tort is an infringement of a person’s rights that constitutes grounds for a lawsuit. This may be in the form of; physical injury, damage to a person’s feelings or reputation and damage to real or personal property.

Functions of Tort laws Compensation-torts enable victims to receive some sort of payment for their losses. Corrective justice- A tort basically makes the person who performs the wrongful act liable for his actions Social control- torts also punish and deter such people. They also assert interests of the victim. This promotes good social behavior. Promote economic efficiency-torts serve vital administrative policy goals as they treat all parties equally and minimize a system’s total costs to the economy.

Categories of Tort Intentional tort Negligence Strict liability

Intentional tort Is a civil wrong that is as a result of intentional action to cause harm or with reckless disregard for facts. Intent is to be proven beyond any doubt for any reimbursements to be decided in favor of plaintiffs. Examples include intentional harm to a person or tangible property, harm to intangible property interests etc.

Negligence tort This is a civil wrong that results from failure to take appropriate action in one’s area of responsibility; the defendant is legally liable for shunning his or her responsibility which results from an infringement occurring to someone i.e. the plaintiff

Strict liability This is a civil wrong that occurs as a result of mistake. This is whereby intent cannot be proven and the plaintiff did not intend to commit the wrongful act.

Unintentional and intentional Torts in Health care Forcing someone to take medication without consent or privilege constitutes an intentional tort. If a nurse gives a patient medicine when there is no legal or health cause for it and only for the convenience of the nurse, or he/she is a member of a very understaffed unit. This constitutes battery and the said nurse or medical practitioner is legally liable.

Unintentional and intentional Tort in Health care A person who suffers disease or injury e.g. brain damage, as a result of being prescribed the wrong medication also constitutes unintentional tort in a healthcare setting. The person can sue and be awarded compensation for their injuries.

Factors that prove that the defendant was negligent A prove that the defendant owed the plaintiff a duty of care. The plaintiff should demonstrate how the defendant failed to provide standard care that would have been provided in a similar situation. The plaintiff should show that the actions of the defendant caused harm injury to him or her.