Health Laws

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Health Laws

Health Laws

Situation #1

Negligence Issues

What Mr. Smith reflected by his acts of arriving late and missing appointments can be accounted as serious negligence issues on his part. Negligence on part of the practitioner is not thing can be taken lightly by the law. Organizations make the professional follow the rules and regulations preventing from nay negligence case strictly. This issue faced by Mr. Smith holds great importance because of the dire consequences which might result if these practices are not followed.

Negligence in Health Care

Negligence on part of the medical or any health care practitioner is a serious offense and threat to the people. Medical care practitioners bear huge responsibilities on their shoulders for it is the lives of the people that are at stake. The issue and matter of negligence by the health practitioners dates back to the laws of ancient times (Bal, 2008). As severe as its impacts are, negligence can cause serious consequences for both, the practitioners and the effected people.

Malpractice

Mr. Smith's acts towards his duty and job reflect serious issues and malpractice concerns. Being a licensed social worker and a mental health practitioner, he holds great importance regarding his job and the lives at stake. Acts of late arrival and missing the appointments, mirror his immense lack of responsibility toward his duties. Medical malpractice is becoming one of the serious issues of the health care system of the United States. According to the Centre for Disease Control (CDC) if malpractice and the ratio of preventable medical errors on part of the practitioners are included in the list of death causes in America; it would make one of the top leading causes of the death rates in the country (American Association of Justice, 2011).

Health Care Malpractice: A Negligent Behavior

Malpractice and negligence, though different but are intricately linked to each other. A professional who neglects his or her patients or clients is committing the act of malpractice. Malpractice refers to situation where the health care professional falls short to his medical duties. Also, malpractice refers to the situation when the practitioner does not perform up to the mark regarding degree of care needed from him or her. The intricate relationship between the negligence and malpractice on part of the health care practitioner can be defined as such that negligence in act is malpractice by the practitioner (Anonymous, 2008).

Tort Law

Tort law is one of the legislations which cover a broad array of issues. It is not just related to the field of medical or healthcare; rather, it has serious implications in legal terms if it occurs in the field of healthcare. This law, in general terms, refers to the injury or damage caused to the person who files the tort case on the person whom the plaintiff accuses (Standler, 2011).

In light of the literature, the plaintiff of the case in this scenario has a strong base for the claim. Mr. Smith has alleged too many of the acts which make him stand in a position that he ...
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