Introduction
During the treatment of a patient, sometimes the practitioners’ actions deviate from the required medical norms causing a significant injury to the sick individual. For instance, when performing a diagnosis, a physician may fail to correctly identify the patient’s condition leading to wrong disease management. In most cases, the errors occur due to system failure or the doctor’s negligence. Due to the effects of such malpractices, patients opt for compensation against the risks they have been subjected to. The presentation will examine the aspect of litigation against healthcare practitioners.
Difference between Negligence and Intentional Tort
Generally, malpractice and intentional tort differ significantly from various perspectives. Negligence is considered the act of providing a patient with substandard care while intentional tort involves subjecting the victim to a given form of treatment knowing it can result in damage. Similarly, on the basis of compensation, in case of negligence, the defendant only pays for the damages done while in battery, the accused has to compensate the whole claim. Furthermore, malpractice does not necessarily require punitive damages whereas intentional tort allows punitive damages to ensure such involvements are deterred from occurring in the future.
Elements of Proof in Negligence Tort Case
In the event of a court case, there are four key elements that must be determined to prove the negligence tort. First, the jury must establish whether the defendant owed a legal duty to the complainant. Second, the jury determines if the duty was breached by the accused. In other words, whether the defendant did or failed to perform what was required. The third aspect is to evaluate whether the failure resulted in injury. In this element, the accuser is required to prove that the accused’s act resulted in injury. The last aspect is to determine if the plaintiff suffered damages as a result of the injury caused by the defendant.
Vicarious Liability and Individual Liability
Vicarious liability is a situation whereby an individual incurs obligation following unlawful acts committed by the person they were supposed to control or monitor in order not to commit such actions. In other words, a person especially a nurse manager is held accountable for the negligence of a practitioner. On the other hand, individual liability is a condition whereby the obligations are imposed directly on the person whose negligence caused the harm. Therefore, vicarious liability differs from individual obligation in that in the former, a person is charged for failure to oversee and manage the aspect of negligence done by another party.
Tort Reform and Its Importance
Malpractice reforms encompass the alterations in the civil law of a country to lower the ability of the complainant to bring litigation cases. The changes are of great benefit to the plaintiffs in several ways. For instance, the transformations enable accusers to spend less time filing complaints hence facilitating quick responses. In addition, the changes ensure the liabilities are imposed on the persons who caused the injuries. The victims are compensated accordingly based on the degree of the damages hence promoting equal treatment.
Malpractice Reform Remedies
Over the past years, the law systems in different countries have formulated a number of tort reforms to ensure the cases of damages are handled accordingly and to further lower the ability of the complainant to bring litigation. Some of the changes include no-fault compensation whereby the accuser can be compensated without having to file a lawsuit. There are several health courts in place to examine the nature of negligence. Various alternative dispute resolutions such as arbitration are being used to minimize litigation cases. In addition, caps on noneconomic damages have been formulated to enable easy estimation of monetary value that can be given towards harms that are not economic.
Ethical Responsibilities in Relation to Negligence and Battery
It is essential for practitioners to embrace ethical conduct in medical practice, especially in matters related to negligence and battery. First, doctors must acknowledge that patients are human beings and thus they should not subject them to injury. According to the principle of non-malfeasance, physicians should not harm the patient. Furthermore, doctors must be competent to ensure their practices limit negligence and battery cases. In addition, care providers should express consent in the event of malpractice. Based on the principle of beneficence, the conduct implies being good and concerned about the well-being of the patient.
Conclusion
In healthcare units, malpractices and battery are common occurrences due to practitioners’ negligence or intentional acts. In the event of injury, patients file lawsuits to facilitate compensation. Various reforms such as alternative dispute resolution and no-fault compensation are used to ensure the plaintiffs receive justice. In hospitals, physicians should embrace ethical practices such as respecting their clients and their medical decisions. Furthermore, they should adhere to ethical principles including non-malfeasance which requires them not to cause harm to the patient. Even though some injuries are not intended, following procedures and moral conduct can reduce the chances of incidents.