Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
Chapter 3
Tort Law−Negligence
Learning Objectives
Describe what a tort is and the objectives of tort law.
Define negligence and explain the distinction between negligence and malpractice.
Explain how the commission and omission of an act differ.
Explain the elements necessary to prove a negligence case.
Describe the importance of foreseeability in a negligence case.
Tort Law
Definition
A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages.
What are the objectives of tort law?
Objectives of Tort Law
Preservation: Of peace between individuals
Culpability: Find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from committing future wrongful acts
Compensation: To indemnify injured person(s)
What are the three basic categories of tort law?
Negligence
Negligence is a tort.
It is the “unintentional” commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
What is commission of an act?
Commission of an Act
Administering the wrong medication
Administering the wrong dosage of a medication
Administering medication to the wrong patient
Performing a surgical procedure without patient consent
Performing a surgical procedure on the wrong patient or body part
Performing the wrong surgical procedure
What is omission of an act?
Omission of an Act
Failing to conduct a thorough history and physical examination
Failing to assess and reassess a patient’s nutritional needs
Failing to administer medications
Failing to order diagnostic tests
Failing to follow up on abnormal test results
Failing to conduct a time-out prior to surgery
What is malpractice?
Malpractice
Negligence or carelessness of a professional person
Nurse practitioner, pharmacist, physician, physician’s assistant
For example: A surgeon who conducts a surgical procedure on the wrong body part
What is criminal negligence?
Criminal Negligence
“Reckless disregard” for the safety of another
Willful indifference to injury that could follow an act
What are three forms of negligence?
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
What is malfeasance?
Malfeasance
Execution of an unlawful or improper act
For example: Performing a partial birth abortion in the third trimester when prohibited by law
What is misfeasance?
Misfeasance
Improper performance of an act
For example: Wrong-sided surgery, such as the removal of a healthy kidney instead of the diseased right kidney
What is nonfeasance?
Nonfeasance
Failure to act when there is a duty to act
For example: Failing to order diagnostic tests or prescribe medications that should have been ordered or prescribed under the circumstances
What are two degrees of negligence?
Degrees of Negligence
Slight: Minor ...
Defecation
Normal defecation begins with movement in the left colon, moving stool toward the anus. When stool reaches the rectum, the distention causes relaxation of the internal sphincter and an awareness of the need to defecate. At the time of defecation, the external sphincter relaxes, and abdominal muscles contract, increasing intrarectal pressure and forcing the stool out
The Valsalva maneuver exerts pressure to expel faeces through a voluntary contraction of the abdominal muscles while maintaining forced expiration against a closed airway. Patients with cardiovascular disease, glaucoma, increased intracranial pressure, or a new surgical wound are at greater risk for cardiac dysrhythmias and elevated blood pressure with the Valsalva maneuver and need to avoid straining to pass the stool.
Normal defecation is painless, resulting in passage of soft, formed stool
CONSTIPATION
Constipation is a symptom, not a disease. Improper diet, reduced fluid intake, lack of exercise, and certain medications can cause constipation. For example, patients receiving opiates for pain after surgery often require a stool softener or laxative to prevent constipation. The signs of constipation include infrequent bowel movements (less than every 3 days), difficulty passing stools, excessive straining, inability to defecate at will, and hard feaces
IMPACTION
Fecal impaction results from unrelieved constipation. It is a collection of hardened feces wedged in the rectum that a person cannot expel. In cases of severe impaction the mass extends up into the sigmoid colon.
DIARRHEA
Diarrhea is an increase in the number of stools and the passage of liquid, unformed feces. It is associated with disorders affecting digestion, absorption, and secretion in the GI tract. Intestinal contents pass through the small and large intestine too quickly to allow for the usual absorption of fluid and nutrients. Irritation within the colon results in increased mucus secretion. As a result, feces become watery, and the patient is unable to control the urge to defecate. Normally an anal bag is safe and effective in long-term treatment of patients with fecal incontinence at home, in hospice, or in the hospital. Fecal incontinence is expensive and a potentially dangerous condition in terms of contamination and risk of skin ulceration
HEMORRHOIDS
Hemorrhoids are dilated, engorged veins in the lining of the rectum. They are either external or internal.
FLATULENCE
As gas accumulates in the lumen of the intestines, the bowel wall stretches and distends (flatulence). It is a common cause of abdominal fullness, pain, and cramping. Normally intestinal gas escapes through the mouth (belching) or the anus (passing of flatus)
FECAL INCONTINENCE
Fecal incontinence is the inability to control passage of feces and gas from the anus. Incontinence harms a patient’s body image
PREPARATION AND GIVING OF LAXATIVESACCORDING TO POTTER AND PERRY,
An enema is the instillation of a solution into the rectum and sig
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
Chapter 3
Tort Law−Negligence
Learning Objectives
Describe what a tort is and the objectives of tort law.
Define negligence and explain the distinction between negligence and malpractice.
Explain how the commission and omission of an act differ.
Explain the elements necessary to prove a negligence case.
Describe the importance of foreseeability in a negligence case.
Tort Law
Definition
A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages.
What are the objectives of tort law?
Objectives of Tort Law
Preservation: Of peace between individuals
Culpability: Find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from committing future wrongful acts
Compensation: To indemnify injured person(s)
What are the three basic categories of tort law?
Negligence
Negligence is a tort.
It is the “unintentional” commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
What is commission of an act?
Commission of an Act
Administering the wrong medication
Administering the wrong dosage of a medication
Administering medication to the wrong patient
Performing a surgical procedure without patient consent
Performing a surgical procedure on the wrong patient or body part
Performing the wrong surgical procedure
What is omission of an act?
Omission of an Act
Failing to conduct a thorough history and physical examination
Failing to assess and reassess a patient’s nutritional needs
Failing to administer medications
Failing to order diagnostic tests
Failing to follow up on abnormal test results
Failing to conduct a time-out prior to surgery
What is malpractice?
Malpractice
Negligence or carelessness of a professional person
Nurse practitioner, pharmacist, physician, physician’s assistant
For example: A surgeon who conducts a surgical procedure on the wrong body part
What is criminal negligence?
Criminal Negligence
“Reckless disregard” for the safety of another
Willful indifference to injury that could follow an act
What are three forms of negligence?
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
What is malfeasance?
Malfeasance
Execution of an unlawful or improper act
For example: Performing a partial birth abortion in the third trimester when prohibited by law
What is misfeasance?
Misfeasance
Improper performance of an act
For example: Wrong-sided surgery, such as the removal of a healthy kidney instead of the diseased right kidney
What is nonfeasance?
Nonfeasance
Failure to act when there is a duty to act
For example: Failing to order diagnostic tests or prescribe medications that should have been ordered or prescribed under the circumstances
What are two degrees of negligence?
Degrees of Negligence
Slight: Minor ...
Defecation
Normal defecation begins with movement in the left colon, moving stool toward the anus. When stool reaches the rectum, the distention causes relaxation of the internal sphincter and an awareness of the need to defecate. At the time of defecation, the external sphincter relaxes, and abdominal muscles contract, increasing intrarectal pressure and forcing the stool out
The Valsalva maneuver exerts pressure to expel faeces through a voluntary contraction of the abdominal muscles while maintaining forced expiration against a closed airway. Patients with cardiovascular disease, glaucoma, increased intracranial pressure, or a new surgical wound are at greater risk for cardiac dysrhythmias and elevated blood pressure with the Valsalva maneuver and need to avoid straining to pass the stool.
Normal defecation is painless, resulting in passage of soft, formed stool
CONSTIPATION
Constipation is a symptom, not a disease. Improper diet, reduced fluid intake, lack of exercise, and certain medications can cause constipation. For example, patients receiving opiates for pain after surgery often require a stool softener or laxative to prevent constipation. The signs of constipation include infrequent bowel movements (less than every 3 days), difficulty passing stools, excessive straining, inability to defecate at will, and hard feaces
IMPACTION
Fecal impaction results from unrelieved constipation. It is a collection of hardened feces wedged in the rectum that a person cannot expel. In cases of severe impaction the mass extends up into the sigmoid colon.
DIARRHEA
Diarrhea is an increase in the number of stools and the passage of liquid, unformed feces. It is associated with disorders affecting digestion, absorption, and secretion in the GI tract. Intestinal contents pass through the small and large intestine too quickly to allow for the usual absorption of fluid and nutrients. Irritation within the colon results in increased mucus secretion. As a result, feces become watery, and the patient is unable to control the urge to defecate. Normally an anal bag is safe and effective in long-term treatment of patients with fecal incontinence at home, in hospice, or in the hospital. Fecal incontinence is expensive and a potentially dangerous condition in terms of contamination and risk of skin ulceration
HEMORRHOIDS
Hemorrhoids are dilated, engorged veins in the lining of the rectum. They are either external or internal.
FLATULENCE
As gas accumulates in the lumen of the intestines, the bowel wall stretches and distends (flatulence). It is a common cause of abdominal fullness, pain, and cramping. Normally intestinal gas escapes through the mouth (belching) or the anus (passing of flatus)
FECAL INCONTINENCE
Fecal incontinence is the inability to control passage of feces and gas from the anus. Incontinence harms a patient’s body image
PREPARATION AND GIVING OF LAXATIVESACCORDING TO POTTER AND PERRY,
An enema is the instillation of a solution into the rectum and sig
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5. Malpractice -- execution of an
unlawful or improper act
Criminal Negligence -- Reckless
disregard, indifference to injury.
Malfeasance – The execution
of an unlawful or improper act.
Misfeasance – The improper performance
of an act resulting in injury to another
Nonfeasance – The failure to act when there
is a duty to act as a reasonably prudent
person would act in similar circumstances
Ordinary Negligence – the
failure to exercise ordinary
care, as would be done by a
reasonably prudent person.
Gross Negligence – Intentionally
omitting care that would be
proper or providing care that
would be substandard of
improper.
Categories
Further Categorization
Degree of Wrongdoing
6. Most Healthcare
Litigation
Is CivilLaw Damages are awarded as the remedy
Via a lawsuit
In which the defendant is found
Liable or not Liable
Most Healthcare Litigation
unintentional
involves
Torts
Intentional
Unintentional
Strict liability
3 Types of Torts
Most Healthcare
Litigation is
Unintentional
negligence
(Unintentional Tort)
7. Document
patient’s
insistence
You can’t threaten to break someone's arm if they don’t obey you
Deliberate threat Present ability to cause physical harm
Intentionally touching another person’s body in a socially
impermissible manner without that person’s consent
Preventing a patient from leaving a hospital. Except for a contagious disease
or potentially dangerous mentally ill patient.
Have patient sign a discharge against medical advice. If physical force is
used the provider may be liable for false imprisonment and battery
8. Patient
Authorization
for
Release of
Information
False communication that injures that person’s reputation.
“A willful and intentional misrepresentation that could cause harm
or loss to a person or property”
“The right to be left alone…the right to be free from unwarranted
publicity and exposure to public view, and the right to live one’s life
without having one’s name etc. made public against ones will”
9. Brings action or complaint in a civil case
and must prove wrong-doing.
Has Burden of Proof
The object of the lawsuit
Given to a party, who has information in a
legal case.
A formal proceeding as part of the
discovery process.
10. Instructs the recipient to bring documents and
other records to a deposition or to court
Hospital holds itself responsible for its
employee’s actions, acting at the hospital’s
direction within the scope of their job
The burden of proof shifts to the defendant
The thing speaks for itself
Let the master answer
Under penalty to bring with you
Local courts must apply the decisions of
higher courts in the same system in cases with
similar fact patterns
Let the decision stand
11. References
Brodnik, M. S., & Rinehart-Thompson, L. A. (2012). Fundamentals of law for health informatics
and information management. (2nd ed.). Chicago : AHIMA Press Publications.
Russell, L. A., & Bowen, R. K. (2013). Legal issues in health information management. In K.
LaTour & S. Eichenwald Maki (Eds.), Health Information Management (4th ed., pp. 299-308).
Chicago : AHIMA Press Publications.
HIA 330 Unit 1 Assignment 2 Borchers L.J.
Editor's Notes
Welcome to this brief presentation of legal terminology needed in the Healthcare field.
Civil law and Criminal law are both involved in the Healthcare field.
Civil law is concerned with the “relations between individuals, corporations, government entities and other organizations” (Russsell & Bowen, 2013)
p. 302).
Criminal law involves the government prosecuting “wrongful acts against public health, safety, and welfare” (p. 303). HIPAA violations are always criminal .
The verdict of civil law is termed as liable or not liable, different from the guilty or not guilty in criminal law.
The results of civil law usually involve monetary restitution, while the results of criminal law may include a fine and/or a punishment such as imprisonment or probation (pp. 303-304).
Civil cases must be proved by a “preponderance of the evidence,” whereas criminal cases use the higher standard of “beyond a reasonable doubt” (p. 303).
Healthcare incidents are mostly civil law involving negligence (p. 304).
Standard of Care is a phrase that simply means “what an individual is expected to do or not do in a given situation” (Russell & Bowen, 2013, p. 304).
You can find Standards of Care through Professional Associations that one belongs to, and in statutes and regulations.
Standards of Care are “expected behaviors” of your profession (p. 304).
Standards are not enforceable laws and can be impacted by case law when the courts decide to change a standard (p.304).
National Standards are replacing local standards so that healthcare quality is equalized across geographic regions (p. 304).
Most negligence torts result from conduct outside the accepted Standard of Care (p. 304).
Negligence is careless conduct outside the generally accepted Standard of Care. If you know you should not do something that is your first clue that you might not be exercising the best possible judgment or guarding against risk.
Forms of Negligence are:
Malpractice --Negligence, “carelessness of a professional person such as a physician, nurse or pharmacist” (Russell & Bowen, 2013 p. 304).
Criminal Negligence—Reckless disregard, indifference to injury. Could be civil and criminal injury.
Further categorization
Malfeasance – Execution of an unlawful act (p.304).
Misfeasance – “Improper performance of an act, resulting in injury” (p.304).
Nonfeasance – Failure to act when there is a reasonable person’s duty to act (p.304)
Degree of wrongdoing
Ordinary negligence—doing or not doing something a prudent person would do (p.304)
Gross negligence – intentionally omitting proper care or providing substandard care (p.304)
A Tort is “A civil wrong for which the law provides a remedy in the form of a lawsuit to recover damages” (Brodnik & Rinehart-Thompson, 2012 p. 525).
A negligence tort is not a criminal case.
One party seeks compensation for harm inflicted and seeks to prevent the wrongdoer from repeating offense (Russell & Bowen, 2013, p. 304).
The three categories of tort liability are negligence, intentional and strict and products liability.
Healthcare incidents are concerned with negligence torts (p. 304).
Even though most of healthcare litigation is negligence-related and therefore an unintentional tort, there are instances when you as a provider could be accused of intentional negligence that includes actions such as
Assault – “deliberate threat” plus “present ability to cause physical harm”(Russell & Bowen, 2013, p. 305).
An example of this would be if a large male ED nurse tries to motivate a frail elderly woman by telling her that he will break her arm if she doesn’t comply (p. 305).
It is important to note that the male nurse did not have to touch her– just threaten her -- to be considered assault.
Battery - “intentionally touching another person’s body in a socially impermissible manner without that person’s consent” (p. 305).
If you, as a surgeon, operate on someone without the proper consent forms on file, you are committing battery.
It does not matter if the patient was sedated, and didn’t realize that the battery occurred.
It also does not matter that the patient benefited from the operation. Consent forms are essential. Without consent forms the hospital and physician are held liable for any harm to the patient. The physician could be liable for battery (Russell & Bowen, 2013, p.305).
False Imprisonment—If you prevent a patient from leaving a hospital--except for a contagious disease or potentially dangerous mentally ill patient—you are committing false imprisonment. Document the patient’s insistence on leaving the facility. Ask the patient to sign a discharge against medical advice form releasing the hospital from liability. If physical force is used the provider may be liable for false imprisonment and battery (Russell & Bowen, 2013, p.305).
Healthcare providers have the defense of Privilege— “communication made in good faith, on the proper occasion, in the proper manner, and to persons who have legitimate reason to receive the information.” A healthcare provider has a “higher duty...in the interest of society” (Russell & Bowen, 2013, p. 306).
Defamation of character – false communication that injures that person’s reputation. Libel is written; slander is spoken. The Plaintiff must prove:
Defamatory statement was made
Statement was not “privileged” and made to a 3rd person
At least negligence occurred- the defendant failed to do something or not do something that he/she should have done
Actual or presumed damages occurred (p. 305)
Healthcare professionals are required to report cases of communicable diseases, and are protected from libel in those instances.
Fraud – “A willful and intentional misrepresentation that could cause harm or loss to a person or property” (Russell & Bowen, 2013, p. 306). A physician is held liable if he/she claims a procedure will effect a cure, when it actually will not. Billing a 3rd party payer for an procedure that was never performed is also fraud.
Invasion of Privacy “the right to be left alone – the right to be free from unwarranted publicity and exposure to public view, and the right to live one’s life without having one’s name etc. made public against ones will” (Russell & Bowen, 2013, p. 306). HIPAA law holds health care providers responsible for protecting the private patient information. Always get the proper authorization to release or disclose patient information (p. 306).
Plaintiff – Presents evidence against the defendant. The plaintiff must prove wrong doing– has the Burden of Proof. The plaintiff presents evidence against the defendant (Russell & Bowen, 2013, p. 303-304).
Defendant – Is the accused wrong-doer, against whom the lawsuit is brought (p.303).
Interrogatory – Discovery device consisting of written questions (p. 303).
Requests for production Discovery device consisting of document requests.
Both the Interrogatories and the Requests for Production are given to parties that have information to contribute in a legal case (p. 303).
Deposition – A formal proceeding in the discovery process for oral testimonies of individuals (p. 303)
Supoena Duces Tecum
Under penalty to bring with you
Instructs the recipient to bring documents and other records to a deposition or to court. Often “records custodians” are served with this document to appear personally with certain documents, either originals or copies, of health record components (Brodnik & Rinehart-Thompson, 2012, p. 524, p.37).
Respondeat Superior (Secondary Liability or Vicarious Liability)
Let the master answer
The hospital holds itself responsible for its employee’s action, acting at the hospital’s direction within the scope of his/her job. The “hospital is liable to the patients for the torts of its employees (Brodnik & Rinehart-Thompson, 2012, p. 521. p.96). However, physicians who are granted privileges to practice in a hospital are no longer employees but are considered independent contractors. If the hospital
does not control the manner in which the physician provides his/her services and
the patient is made aware of this at admission to the hospital,
the hospital is not liable for any negligence by this independent contractor physician.
Res Ipsa Loquitur
The thing speaks for itself
The facts or circumstances of a case infer negligence and the burden of proof shifts to the defendant. This comes from the idea that “some events ordinarily do not occur in the absence of negligence” (Brodnik & Rinehart-Thompson, 2012, p. 521, p. 92). An example of this would be instruments left inside a patient’s body.
Stare Dicisis
Let the decision stand
Local courts must apply the decisions of higher courts in the same system, in cases with similar fact patterns (Brodnik & Rinehart-Thompson, 2012, p. 523).
.