As a health care professional, you must analyze the evolution of health care law

Question

As a health care professional, you must analyze the evolution of health care laws to understand the criminal aspects of health care and the different offenses that health care professionals commit. In this assignment, you will analyze the evolution of health care laws and predict their future. Based on your knowledge about tort laws and the criminal aspects of health care, explain three possible directions in which health care laws may evolve. Support your argument using relevant examples. Compile your responses in a 3-to-5-page Word document.

Explanation / Answer

Three possible directions in which health care laws may evolve:

            Any activity that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortuous act. Legal injuries are not limited to physical injuries and may include emotional, economic or reputational injuries as well as violation of privacy, property or constitutional rights. Torts like false imprisonment, defamation, product liability, copyright infringement. Tort laws arise because of negligence.

Negligence is a tort which arises from the breach of duty of care. The elements in determining the negligence are,

The plaintiff was owed a duty of care through doctor patient relationship

There was a breach of that duty

Directly caused the injury and plaintiff suffered the damage as a result of that breach

eg: If the nurse is supposed to act in the particular situation, if she did not do that in particular time result in a damge or loss to the client. Like if patient vomits severely, blood pressure drops severely, but the nurse does nt act, not tried to contact doctor, didnt take any intervention for about an hour and there is a little time to intervene before cardiac arrest. This is negligence and total deviation of what a prudent nurse would do.

2,

In its most basic terms, the source of tort law is to shield society from confusions by establishing a court in which one individual can bring a claim against another, without resorting to private revenge.

The law of torts, unlike such branches of litigation as contract and real property, considers such concerns as the loss of dignity experienced by a party bringing a claim for personal injury.

Often, it is the sense of humiliation of being exploited or tricked which is, in truth, the source of a claim.

Violations of dignity can be viewed as the western equivalent of other cultures concepts of losing face.

This system allows pain and suffering, as well as other types of emotional distress, to be considered when reaching a verdict in a civil court of law.

3,

As human nature requires legal limitations upon its unbrided behaviour. Without legal sanctions, these untoward actions would dominate human society. So, the evolution of criminal law emerges to check the untoward behaviour by keeping the legal limitations

Conversely, a father shows his four-year-old son how to use "a toy gun to surprise Mom when she walks through the door by pretending to shoot at her forehead", and then gives the child a real loaded gun. The Father will be found to bear the full burden of guilt for consequent death or grievous bodily harm, either of which will be classified as justifying a charge of first degree murder. The same will prove true if a doctor deputes a nurse to inject a drug into the vein of a patient. If this doctor can be shown to have had knowledge, based on years of treating this patient, that he has a life-threatening allergy to this particular medication, he, and not the nurse, will be found guilty of causing the patient’s demise. As in the above hypothetical of the child, the nurse has acted with every reason to have trusted the doctor’s instructions.

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