Law and Health

Running Head: LAW AND HEALTH CARE

Law and Health Care

Strayer University

Health Care Policy, Law and Ethics HSA 515

January 20, 2012

Dr. Michelle Rose

Introduction

For many health care workers the mention of a lawsuit triggers high levels of anxiety. For many, the legal system is a big confusing unit that is designed to lure the untrained. Many health care professionals think that even a small error in a patient’s care will have the settling huge settlements against them and maybe even the loss of their professional licensure and/or certifications. Health care professionals must understand the basic legal principles. This understanding will help them in providing better quality of care. In today’s time, it is important for healthcare professionals to understand how the laws may affect their particular profession and daily practice.

1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.

Negligence, “in simplest form, such a concept measures a person’s actions of failure to act against what a reasonable and prudent person would have done under the same or similar circumstances” (Schanz, 1987, p. 311). Four elements are required for a person to make a claim of negligence. According to Showalter (2008), the four elements include: “(1) a duty of care, (2) breach of that duty, (3) injury, and (4) causation” (p. 47). The duty of the health care professional to the plaintiff requires the health care professional to provide a standard of care at the same level and with the same qualifications as others in the profession. “One who fails to meet this standard has committed a breach of duty, and the tort-feasor will be liable if the breach causes injury to property or another person” (Showalter, 2008, p. 47-48). The plaintiff must prove that the breach of duty caused or substantially contributed to the damage or injury suffered. The cause must be established to link the...