Part I: Negligence Liability
Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation (Fremgen, 2012).
When a person is injured, they sue under tort law (“a wrongful act against another person”). The unintentional tort of negligence is the most often cause of lawsuits for healthcare professionals (Fremgen, 2012).
Charges of negligence against a physician or other healthcare professional arise because the patient or family is not happy with the outcome of the treatment or procedure (Fremgen, 2012). A jury in a negligence trial would have to determine if a reasonable professional person would have done the same action. Malpractice is the wrongdoing or negligence committed by a professional person, such as a medical professional (Fremgen, 2012).
- By using your experience or resources on the Internet, present a case of negligence against a physician.
- Will such a case impact the liability of a hospital? Why or why not?
Justify your answers with appropriate research and reasoning by using examples and references from textbooks, the South University Online Library, and other acceptable references. Cite sources in the APA format. Further, comment on the postings of at least two peers.
