Application Paper

Application Paper

Introduction

The job of a physiotherapist is to ensure that the body of patients who are rendered bed-ridden or who are in a vegetative state is kept active through assisted muscle stimulation and blood circulation. Physiotherapy plays a key role in the process of rehabilitation of the patient. This is because it restores or minimizes weaknesses whether they are temporary or permanent. The functionality, independence and well-being are the pillars of this process which begins at the time of hospital admission and continues until discharge (Goncalves, 2009). Physiotherapy aims to restore muscle functions and muscle strength, allowing them to establish better coordination and balance. However, legal repercussions may occur if physiotherapists fail to carry out their duties with full care. In such instances, established Civil Code is used to determine whether the physiotherapist is guilty or innocent.

Discussion

The democratic rule of law dictates that all individuals living in a society accept social norms and obligations based on ethics and morals (Pereira, 2007). Thus, physiotherapists too assume an obligation that holds them accountable and liable to negligence. Several scholars assert that there is no responsibility if there is prejudice in the way actions are judged (Pereira, 2007). For example, the damage caused by a physiotherapist is damage if it involved negligence on his part, even if it was to a lesser degree. In this understanding, the damage is essential and indispensable to the accountability of the agent (Gama, 2006). This liability may also be sourced from lawful act and is still considered a breach of contract regardless of whether it is subjective or objective.

With regard to the term "fault", the American Civil Code adopted a broader sense to the term, as it encompassed an understanding of the intention or knowledge of evil and compared it with perfect intentions to practice (Gama, 2006). Furthermore, the code also established the meaning of guilt in the strict sense in which the violation occurs when the agent could not meet and observe his duties.

The concept of homo medius still plays a crucial role in the concept of guilt (Stoco, 2004). It mainly defines a standard with which a judge is able to determine the behavior which caused injury, malpractice, recklessness or negligence (Diniz, 2012). The judge mainly does this by comparing the conduct of the agent with the cause of death. The action is compared with that of a standard physiotherapist and conclusions are made as to whether carelessness, negligence or malpractice caused the death (Stoco, 2004; Gama, 2006). This way, the person judging the action of the physiotherapist is able to establish whether or not the person is guilty.

The predictable guilt is measured by the degree of attention required. Reckless conduct is when the physiotherapist tackles the subject without the necessary precautions, in turn implying inadequate importance to the interests of others (Pereira, 2007; Stoco, 2004). Negligence is the lack of attention, lack of necessary reflection where the agent fails to predict the outcomes or ramifications of his negligent actions or of a carefree attitude ...