Transcription of Medical Malpractice and Health Care Torts - eejlaw.com
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Medical Malpractice and Health Care Torts - eejlaw.com
1 Medical Malpractice and HealthCare TortsThree ways to sue Health careproviders Medical battery Professional negligence Informed consent2 Medical battery An intentional tort The elements of battery: Act Intent Causation (actual and proximate) Touching Harmful or offensiveMedical Battery - Example: Ear SurgeryPatient gives permission to surgeon to operate onleft ear. While patient is under anesthetic, surgeondecides to operate on right ear. Right ear is BatteryWhy? Cutting on someone s ear without permissionis battery, even if it helps them. Lack of damagesdoes not invalidate an intentional tort Battery - Example: Emergency Heart SurgeryUnconscious patient arrives in emergency roomneeding open-heart surgery to survive.
4 Professional Negligence •This is a “regular” malpractice case against a physician. •The elements of negligence: –Duty –Breach standard of care is key difference –Actual causation
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