Chapter+VI+-+Negligence_Student+Version (1).pptx - HEALTH...

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CHAPTER VI: GENERAL PRINCIPLES OF NEGLIGENCE LIABILITYHEALTH CARE LAW: LAW 3101 & HEALTH SCIENCES 3101
VI - 21. The Legal Meaning of the Term “Negligence”2. Elements of a Negligence Action3. Customary Practice4. Issues of Fiscal Restraint5. Criticisms of the Adversarial SystemHealth Care Law: Chapter VIOVERVIEW
1. THE LEGAL MEANING OF NEGLIGENCEVI - 3Health Care Law: Chapter VItwo meanings of negligencebroad meaning – a branch of tort lawnarrow meaning – a breach of the standard of carenegligence liability applies to the full range of professional conductnot liable in negligence because the patient dies, the operation fails or the decision was wrongnegligence is the failure to exercise the standard of care expected of a reasonable person in all the circumstances of the casenegligence = careless or substandard carenegligence vs errors in judgmentMustafic v. Smith (G)negligence vs incompetence
2. ELEMENTS OF A NEGLIGENCE ACTIONVI - 4Health Care Law: Chapter VI(a) Introductionall negligence actions involve the same 6 issues:1. duty of care;2. standard of care and its breach;3. causation;4. remoteness of damages;5. actual loss; and6. prejudicial conductthe plaintiff has the burden of proving the first 5 elements of a negligence action on a balance of probabilitiesthe defendant has the burden of proving the 6th element on a balance of probabilities
2. ELEMENTS OF A NEGLIGENCE ACTIONVI - 5Health Care Law: Chapter VI(b) Duty of Carethe plaintiff must prove that the defendant owed him or her a legal obligation to exercise reasonable care for his or her benefita duty will generally arise in any circumstances in which the defendant’s conduct creates a foreseeable risk of injury to the plaintiffthe relationship between health professionals and their patients gives rise to a duty to exercise reasonable care in the provision of all services and care

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