Civil Law pertains to wrongdoing between individuals or between an individual and a state that excludes criminals. In a civil case the defendant is found liable as opposed to guilty are directed to pay monetary compensation.
Medical malpractice is negligence when the conduct of the medical professional did not meet the expected professional standards and that failure caused harm to a patient.
Tort law is the foundation of civil law, this addresses the transgressions of one individual on the legal rights of another. There are two types of tort law, unintentional and intentional. Unintentional tort or negligence may occur as the result of carelessness or accident that caused harm to another.
Negligence as mentioned earlier is a part of tort or personal injury law and is defined as a failure to use that degree of care that any reasonable and prudent person with the same skills would use in the same or similar situation. If a professional such as physician, nurse or even medical assistant is negligent while acting in their professional capacity the term is medical negligence or malpractice.
According to the National Practitioner Data Bank malpractice payments for nurses
increased to $5, 567.00 in 2005 from $253.00 in 1998.
Six key areas of negligence:
- Standard of Care
- Proper procedure for equipment
- Communication
- Documentation
- Assess and Monitor
- Act as patient advocate
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