Health Care Torts are civil wrongs, or wrongs against another person, which arise out of a breach of a duty of care in the provision of health care. When a health care provider breaches this duty of care, resulting in injury or harm to a patient, that patient may be able to bring a civil lawsuit for damages against the provider. The types of torts that may arise out of the provision of health care are numerous, and include negligence, battery, and intentional torts.
Negligence
Negligence is the most common type of tort action in the health care setting. Negligence occurs when a health care provider fails to exercise the degree of care that a reasonably prudent provider would have exercised under similar circumstances. In order to prove negligence, a plaintiff must establish that the health care provider owed the patient a duty of care, the provider breached that duty of care, and the breach of duty was the cause of the plaintiff’s injury.
Medical Malpractice
Medical malpractice is a type of negligence action in which a health care provider provides medical services that fall below the accepted standard of care. To prove medical malpractice, a plaintiff must establish that the health care provider had a duty to provide care that met a certain standard, the provider breached that duty, and the breach of duty was the cause of the plaintiff’s injury.
Failure to Diagnose
Failure to diagnose is a type of negligence action in which a health care provider fails to properly diagnose a patient’s condition, resulting in harm to the patient. To prove a failure to diagnose, a plaintiff must establish that the health care provider had a duty to diagnose the patient’s condition, the provider breached the duty, and the breach of the duty was the cause of the plaintiff’s injury.
Failure to Treat
Failure to treat is a type of negligence action in which a health care provider fails to provide the necessary medical treatment for a patient’s condition, resulting in harm to the patient. To prove a failure to treat, a plaintiff must establish that the health care provider had a duty to provide the necessary medical treatment, the provider breached the duty, and the breach of the duty was the cause of the plaintiff’s injury.
Battery
Battery is a type of tort action in which a health care provider intentionally causes physical harm to a patient. To prove battery, a plaintiff must establish that the health care provider intended to cause physical harm to the patient, the health care provider did in fact cause physical harm to the patient, and the harm was the result of the health care provider’s actions.
Intentional Torts
Intentional torts are torts in which a health care provider intentionally causes harm to a patient. Intentional torts include assault, false imprisonment, intentional infliction of emotional distress, and invasion of privacy. To prove an intentional tort, a plaintiff must establish that the health care provider intended to cause harm to the patient, the health care provider did in fact cause harm to the patient, and the harm was the result of the health care provider’s actions.
Frequently Asked Questions (FAQs)
Q: What is a Health Care Tort? A: Health Care Torts are civil wrongs, or wrongs against another person, which arise out of a breach of a duty of care in the provision of health care. When a health care provider breaches this duty of care, resulting in injury or harm to a patient, that patient may be able to bring a civil lawsuit for damages against the provider.
Q: What are the Different Types of Health Care Torts? A: The types of torts that may arise out of the provision of health care are numerous, and include negligence, battery, and intentional torts.
Q: What is Negligence? A: Negligence is the most common type of tort action in the health care setting. Negligence occurs when a health care provider fails to exercise the degree of care that a reasonably prudent provider would have exercised under similar circumstances.
Q: What is Medical Malpractice? A: Medical malpractice is a type of negligence action in which a health care provider provides medical services that fall below the accepted standard of care. To prove medical malpractice, a plaintiff must establish that the health care provider had a duty to provide care that met a certain standard, the provider breached that duty, and the breach of duty was the cause of the plaintiff’s injury.
Q: What is Failure to Diagnose? A: Failure to diagnose is a type of negligence action in which a health care provider fails to properly diagnose a patient’s condition, resulting in harm to the patient. To prove a failure to diagnose, a plaintiff must establish that the health care provider had a duty to diagnose the patient’s condition, the provider breached the duty, and the breach of the duty was the cause of the plaintiff’s injury.
Q: What is Failure to Treat? A: Failure to treat is a type of negligence action in which a health care provider fails to provide the necessary medical treatment for a patient’s condition, resulting in harm to the patient. To prove a failure to treat, a plaintiff must establish that the health care provider had a duty to provide the necessary medical treatment, the provider breached the duty, and the breach of the duty was the cause of the plaintiff’s injury.
Q: What is Battery? A: Battery is a type of tort action in which a health care provider intentionally causes physical harm to a patient. To prove battery, a plaintiff must establish that the health care provider intended to cause physical harm to the patient, the health care provider did in fact cause physical harm to the patient, and the harm was the result of the health care provider’s actions.
Q: What are Intentional Torts? A: Intentional torts are torts in which a health care provider intentionally causes harm to a patient. Intentional torts include assault, false imprisonment, intentional infliction of emotional distress, and invasion of privacy. To prove an intentional tort, a plaintiff must establish that the health care provider intended to cause harm to the patient, the health care provider did in fact cause harm to the patient, and the harm was the result of the health care provider’s actions.
Conclusion
Health care torts are civil wrongs that arise out of a breach of a duty of care in the provision of health care. These torts may include negligence, battery, and intentional torts. To prove a health care tort, a plaintiff must establish that the health care provider had a duty to provide care that met a certain standard, the provider breached that duty, and the breach of duty was the cause of the plaintiff’s injury. It is important for health care providers to understand their duty of care and to provide care that meets the accepted standard of care in order to avoid liability for any torts that may arise.