Analyze the development of health care project management predicated on tort law. Ascertain the major ways in which tort law provides solutions to health care concerns, in light of the complexities of 21st Century health care administration roles.
One of the most familiar health care Tort is termed as “professional negligence.” In fact, there is only one Tort termed as negligence.
Negligence is simply defined as the failure to the use of ordinary care that a reasonably prudent person would consider in the face of reasonably predictable outcomes, the failure that causes injury to another person’s property or feelings.
When one acts in a professional capacity, one is held to a higher standard of care with similar professionals in the community, and not to just the standard demanded of an ordinary person.
Another Tort arises when a medical care provider fails to adequately explain the risks and benefits of various courses of action or treatment to a patient, and thereby obtains the patient’s permission to a course of treatment. This can be a form of negligence as well, but if it likewise involves the patient consenting to treatment that involves a harmful or offensive contact with the patient’s body, it constitutes a battery.
The battery is an unprivileged and intentional harmful or offensive contact with some other person. Consent is said to be a defensive part to battery, but when this consent is obtained without information which the healthcare provider is required to give, then the consent comes out to be invalid.
Violation of specific statutes intended to protect individuals can form the basis of a Tort. For example, a violation of HIPAA, EMTALA, and various other states and federal laws about confidentiality can form the basis of a claim. For that matter, of course, false imprisonment, defamation, inducement breach of contract, deceit, and infliction of extreme mental distress could all come up in a healthcare situation.