LAW OF TORT

Law of Tort



Law of Tort

Introduction

The law of tort covers a large part of private law which is intended to compensate those who have suffered harm as a result of the negligence of another. At common law, that law deals with wrongs (from the Latin word Tortum, which means "twisted cross"). Unlike contract law, where two parties agree on their respective rights and obligations in matters of tort, society, through its judicial and juridical systems, which imposes obligations on every member society to act taking into account the rights of others.

Duty of Care

The Tort law, states that a legal contract forced on an individual entailing that they implement a reasonable level of care while executing any acts that could harm others. For an action in negligence, there must be identified the duty of care legally. The duty of care can be considered a formalization of the implicit responsibilities held by one individual to another individual in society (Bar, 2001, Pp: 45-69). This is not a condition that a duty of care is defined by law, but often evolves from common law jurisprudence.

Medical negligence is defined as the act of deviation from professional duty of care or failure to perform any accepted standard of care in terms of medical skills or knowledge resulting in damage, loss or injury. During instances of medical negligence or malpractice, the injured party is able to take lawful action. In most jurisdictions, people are entitled to receive a standard of medical care. In such cases, negligence arises when health care professionals are not able to adhere to the said standards. This can result to possible erroneous actions that can compromise a client's well being. Inadequate care, skill, or speeds, are some of the causes of medical negligence claims. Doctors, specialists, nurses or any professional who assumes responsibility to a client's medical care can be held liable for negligence. Medical facilities also play a significant role in the process, and they too, can be held liable (Atiyah, Patrick and Peter, 2003, Pp: 7-93).

Medical negligence is under the laws of Tort, a wrong injury or private wrong which isn't a breach of contract. Torts can be intentional, when a certain professional intends to be negligent, violates his duty or when he fails to perform the right standard of care as dictated by law. Some of the aims of the Tort system in terms of medical indemnity include providing compensation for any injury, fostering patient safety and to create accountability for actions. Unfortunately, the process is quite adversarial in its process, putting health care providers and doctor against each other, destroying the trust needed for an efficient partnership of care and destroying the concept of patient safety (Atiyah, Patrick and Peter, 2007, Pp: 101-21).

The above mentioned case tells us about the negligence of Dr. Brian, as he was failed to inform them that it could cause nerve damage in a small number of cases. Medical negligence is defined as the act of deviation from professional duty of ...