In: Other Topics

Submitted By cscameron
Words 1359
Pages 6
Imagine waking up from a double mastectomy surgery to hear the great news that you do not have cancer, to only find out later that you never had cancer and that your medical chart got mixed up with another patient who does. This type of situation was caused by medical malpractice and negligence by the physician. In this paper key topic that will be discussed is the definition of negligence, lawsuits, standard of care, malpractice, malpractice cases, and the law.
Negligence is the unintentional or omission of an act that a sensible person would not have done or looked over. A negligent person might also disregard their duties whereas a sensible person would not. There are different types of negligence which include misfeasance, malfeasance, and nonfeasance. Misfeasance is when a provider does the correct action incorrectly causing an injury. Malfeasance is when a provider performs an act that is deemed unlawful such as performing a procedure in a state where it is illegal. Nonfeasance is when a provider fails to perform duties that a reasonable person would have fulfilled. In order for a person or party to claim that negligence played a part in an injury, medical condition, or death it must be proven. There are multiple key factors that must occur such as a breach in the standard of care and negligence is responsible for the injury. Standard of care is the level of care that a patient can expect to receive. A breach in care is just the opposite the patient does not receive that quality care and mistakes can happen such as a patient getting the wrong medication. Some states require an expert witness to prove that there was a breach in care. In order for a person to sue for negligence they have to prove that negligence was responsible for the injury, it contributed to a medical problem, worsened their condition, or death. If negligence happened but it did not…...

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