This website uses cookies to ensure you have the best experience. Learn more

Tort Laws And Ethics Essay

1324 words - 5 pages

In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals.
Tort Law Defined
Tort Law can be defined as the civil wrongdoing against a person. Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” ( ).
Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort claim filed towards health care professionals. Tort laws are set in place to recognize what can be defined as a legal injury and what criteria needs to be met in order to meet the requirements to claim that a wrong doing has been committed against the patient. For example, a patient presents to the hospital with chest pain. The doctor neglects to give the patient a cardiograph and sends the patient home. Later that night, the patient dies from cardiac arrest. Under this circumstance, the patients family can file a tort claim against the attending physician and medical facility for the negligence in performing proper test and following medical procedure which resulted in the death of their loved one. The tort can be claimed on the basis that if the physician had done the test, he may have discovered the patient’s progressive heart condition and the patient’s life could have been spared with proper treatment.
Negligent tort is a multi-dimensional category that can cover many injuries that result from careless and negligent care. Negligence covers the act of unintentionally giving or neglecting to give a person care that may cause injury to the person receiving/not receiving the care. Malpractice can arise when a medical professional shows disregard and negligence to the person receiving care, which results in damages to the individuals person, assets, or reputation. Tort laws are often seen as a means of retribution when a patient feels that a...

Find Another Essay On Tort Laws and Ethics

Business Regulation Essay

2038 words - 8 pages Alumina to follow. Alumina's environmental violation was corrected and EPA standards were satisfied. This was the only environmental violation by the company. Managers must have a good understanding of business ethics and laws that affect them and their companies to avoid potential litigation. New engineering and designs are required to reduce pollution in the environment.Tort Liability IdentifiedThe management team at Alumina has designed a plan

Tort Reform Essay

2335 words - 9 pages act that can be made completely safe or idiot proof. This part of the solution goes hand in hand with the abilities of members of the jury.I have not offered any concrete solutions to the area of tort reform, but some general ideas. Like any thing else, ideas and laws have to be tweaked and improved over time since every potential problem cannot be foreseen.Tort Reform 10REFERENCESBooth, D., Tort Reform in Australia. 24 January 2005. http

Tort Reform

1377 words - 6 pages is illegal, but is not criminal." (Lane, 2003) An example of a tort is an auto accident. Tort reform isn't one single idea or law. Instead, it's a group of ideas and laws designed to change the way our civil justice systems works. While each tort reform law is different, they all are designed to either limit the circumstance under which injured people may sue, limit how much money juries may award to injured people, or both. (Lane, What is Tort

BUG, Inc. Paper

1052 words - 4 pages been spying for WIRETAP, but that does not give him the right to hurt or threat to hurt Steve. Torts are civil cases that could become criminal. In Walter/Steve's case, the tort is both a Negligence Tort and an Intentional Tort.There are laws and regulations that protect the privacy and rights of individuals and both small and large organizations. When it comes to infringement, the U.S Government has created Federal Patent Statute of 1952. The

Canadian Tort Law

1925 words - 8 pages / Herschorn, A. (1996). Damages for economic loss in tort: Winnipeg condominium corp. Co. 36 v. bird construction co. ltd. Advocates’ Quarterly 18, 109-112. Retrieved from Hirst, E. C. (March, 2009). Tendering Law – 2009 Update Paper 1.1. Retrieved from Ishack, M. (2014). Law and Ethics for Engineers


2315 words - 9 pages didn't tell him what he wanted to know. Even if Steve didn't send anything to WIRETAP he felt he should tell Walter something so he could leave. Because of Walters's actions it will be harder to prove Steve was sending information to WIRETAP.Next, the team has to determine the difference between tort laws and other areas of law. The word tort is a French word and means wrong. There are three areas of tort: intentional, unintentional and strict

Bug Inc

2471 words - 10 pages from being discovered by others. Under the Uniform Trade Secrets Act, if its trade secrets are stolen, BUG can bring an action to recover profits from the competition, recover for damages, and the court can order an injunction to keep the competitor from using the secret or sharing it with others.Under the Federal patent laws, BUG is entitled to patent its unique software and hardware. As a patent holder, BUG owns exclusive rights to its patents

Economic Ramifications of Stringent Tort Laws

4356 words - 17 pages Part 1. Executive SummaryWe look at the progressive stringent interpretation of tort laws. We observe the starvation of the economic engines and commanding heights of the economy. This effect is all the more evident in tobacco, pharmaceutical and automobile industries in the US. This has resulted in stifled innovation and risk averse behavior on the part of industries in these sectors. We draw parallels from history, where we look at the

Key Similarities and Differences Between Roman Delict and Common Law Tort

2690 words - 11 pages Q3. There is an obvious parallel between the Roman delict and the common law tort; but the analogy should not be pursued too far’. What are the key similarities and differences between roman delict and common law tort? Introduction A tort can be defined as a wrong that interferes with a person’s legally protected interests , whereas, a delict can be defined as a wrongful act causing damage to someone’s personality, family or property. There

Business Regulation Simulation

1016 words - 4 pages , "Negligence is the failure to use ordinary care" (Larson) in other words a reckless attitude, an action done without thinking through the consequences that could happen. In the case of Alumina its conduct had interfered with a person and would have been considered a personal tort, where "tort is a private wrong". With a tort being committed the party who was injured would be entitled to collect compensation for damages from the wrongdoers. Once a duty

Bug Inc

2011 words - 8 pages torts.After reviewing the above scenarios the laws for businesses are stringent in covering the both the plaintiffs and defendants in all areas. Just as the company is responsible for its actions so are employees held accountable for its actions. The justice system is designed with all parties in mind.ReferencesCheeseman, H. R. (2007). Contract Law, In H. R. Cheeseman, The Legal Environment of Business and Online Commerce Business Ethics, E-Commerce, Regulatory, and International Issues (pp. 223-247). Upper Saddle River, NJ: Prentice Hall.

Similar Essays

Moral Conflict With Ethical Principles And Laws Suicidal Cancer Patient Tells Nurse Intentions Ethics And Law Of Health Case Study

2568 words - 11 pages application of principle based ethics, utilitarian ethics, appropriate laws and guidelines for this case; a decision of action for the nurse will be justified. Principle Based Ethics Analysis Principle based ethics, theorized by Immanuel Kant, involves four moral principles; autonomy, beneficence, non-maleficence and justice. He argued that for any morally impermissible behavior, consideration of these moral principles will provide an explanation

Tort Law For Damages Practiced In Civil Law

1517 words - 7 pages Tort Law Tort Law has been a Civic Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages

The Purpose Of Tort Law In The Irish Legal System

3219 words - 13 pages In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived

Alumina Simulation Essay

2170 words - 9 pages liabilities are civil wrongs that interfere with someone or with someone's property. There are three different types of torts: Intentional, negligence, and strict tort liability that Alumina should knowledgeable about. The intentional tort is committed when one brings harm to another intentionally. In order to prevent future lawsuits the company will comply with both, federal and state laws. The company will do intensive background checks upon