Topic > Tort Laws and Ethics - 1260

In today's healthcare, there are laws put in place to protect the well-being and best interests of the patient. These laws range from tort laws, criminal laws, and contract laws. While each of these laws is established to protect the patient from some degree of wrongdoing by doctors and medical facilities, a distinction can be made based on which of them affects healthcare providers directly or indirectly. In this article I will discuss tort law, the law that most directly affects healthcare providers. Tort Law Definition Tort law can be defined as a civil wrong against a person. The tort ensures that claimants seek compensation for their alleged poor service for physical harm, effect or character. To file a complaint for an unlawful act, the claim must be founded or truthful on the part of the party who suffered the disservice. Medical personnel and facilities may receive claims of confinement and/or negligence if found guilty of such negligence, as described in the tort complaint. According to the Congressional Budget Office (2006), “The system has a dual goal: to discourage negligent behavior by providers and to compensate claimants for losses (including medical expenses, lost wages, pain and suffering) suffered at following an injury that occurs due to negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common complaint against healthcare workers. Tort laws have been established to recognize what can be defined as a legal harm and what criteria must be met to meet the requirements for claiming that a wrongful act has been committed against… half of the paper. ..... govern the making of new laws and how ethics are treated. References Callahan, D. & Jennings, B. (2002). Ethics and public health: building a strong relationship. Am J Pub Health:92:169-176.Congressional Budget Office. (2006). Limits for medical liability and healthcare spending. Retrieved January 5, 2012, from http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdfForrester, K., & Griffiths, D. (2010). Elements of law for healthcare professionals. Sydney: Mosby Elsevier. Retrieved from Google Books.Gostin, L. (2011). Public health law, ethics and human rights: mapping the issues. Retrieved January 9, 2012, from http://www.publichealthlaw.net/Reader/ch1/ch1.htmPozgar, G.D., & Santucci, N. (2010). Legal and ethical issues for healthcare professionals. (2nd edition). Sudbury, Maine: Jones and Bartlett Publishers