c. Regulations Advancing Societal Objectives. Some regulations are
designed to require private individuals and organizations to follow specified courses of
action designed to advance societal objectives. Public policy concerning health care, to
include health planning, containment of health care costs, quality of clinical laboratory
operations, medical device safety, labor relations, employment policies, facility safety,
and other important topics, come under this category.
3-9.
TYPES OF PRIVATE LAW
a. Overview. Private law recognizes and enforces the rights and obligations of
private individuals and organizations. It can be divided into two
categories: contract law and tort law.
b. Contract Law. Contract law involves agreements among private individuals
or compensation for failing to fulfill those agreements. Contractual disputes may deal
with the sale of merchandise or real estate or the provision of work, labor, or
professional services, to name a few examples. Most malpractice suits against health
care providers and hospitals are based on tort law, not contract law.
c. Tort Law. A tort is a breach of a duty, other than a contractual duty, which
gives rise to an action for damages to compensate the injured party. Tort law deals with
injury or wrongdoing committed with or without force/intent to the person or property of
another. A tort case may involve trespassing upon another's land, committing assault
and battery upon a person, creating a nuisance, damage through negligence to the
person or property of another, or defamation of character (libel and slander), to name a
few examples. Most malpractice suits against physicians and hospitals are based on
tort law. The same act may be both a crime against society and a tort against an
individual.
Tort: a civil wrongdoing or injury, other than contractual, which gives
rise to an action for damages to compensate the injured party.
MD0066
3-10
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