LESSON 4
Section I. TORT LAW AND HEALTH CARE
4-1.
INTRODUCTION
a. A Lawsuit in the Making Revisited. The last lesson began with the case of
an emergency room physician who refers an auto accident victim with deep facial
lacerations to another hospital. En route, the patient suffers further serious injuries as a
result of the ambulance being involved in a serious collision. The injured party sues the
first hospital and the attending physician for negligence. Such an action would fall
under tort law, the topic of this lesson. The charges are, ultimately, dropped because
the four elements (later mentioned) of actionable negligence cannot be proven.
b. Lesson Scope. This lesson covers torts, wrongdoing involving someone
else's rights. It describes two types of torts: intentional and negligent (unintentional),
the latter being the most common basis for liability of healthcare professionals and
hospitals. This lesson also outlines the four elements of actionable negligence that
must be proven in order to establish liability: duty owed, breach of duty, injury, and
causation. (In the case outlined above, breach of duty could not be established, and,
therefore, liability could not be proven.)
actionable negligence: negligence for which legal responsibility
(liability) can be assessed.
4-2.
TORT LIABILITY
As stated earlier, a tort is a civil wrongdoing or injury, other than contractual,
which gives rise to an action for damages to compensate the injured party. In a tort suit,
the alleged injured party (claimant or plaintiff) seeks monetary payment (damages).
Compensation is sought for harm allegedly done by a defendant or an actor.
a. Damages. Damages may be compensatory, that is, designed to make the
injured party "whole" to the extent that money can do so.
(1) Damages may also be punitive, that is, set at a level intended to punish the
actor and serve as an example to deter others.
(2) Tort cases cover a full range of human mishaps to include: auto wrecks,
beatings, medical malpractice and injuries from defective products. A civil tort case
might involve a matter as mundane as Mr. Jones' barking dog. His neighbor, Mrs. Klein
(the plaintiff or the alleged injured party), takes the defendant, Mr. Jones, to court and
sues him for damages.
MD0066
4-2