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Torts

Safety Regulations & the Law

QuestionAnswer
Tort It is the wrongful act that results in injury to one person by another.
Plaintiff It is the person who is bringing the charges. (usually patient/client)
Defendant It is charges that are being brought against a person (usually a professional)
Criminal Law Assesses the wrong committed against the welfare and safety of society as a whole. If found guilty punishment is usually imprisonment and/or fine.
Civil Law It is related to the plaintiff suing the individual who is the defendant. If found guilty, punishment is usually restitution. (usually monetary in nature)
Four Basic Torts Battery, Defamation of Character, Invasion of Privacy/Confidentiality, Negligence
Battery Unprivileged touching of one person by another
Defamation of Character Injury to another person's name, reputation or character by the spoken or written word.
Invasion of Privacy/Confidentiality Discussing privileged information without the written consent of the patient. (i.e. unauthorized publicity of patient information)
Negligence Failure to exercise the standard of care that a reasonable person would exercise in similar circumstance
Libel A type of 'Defamation of Character' that consists of false and malicious writings about another person
Slander A type of 'Defamation of Character' that consists of false and malicious spoken words about another person
Four "D's" of Negligence Duty, Derelict, Direct Cause, Damage
Duty As soon as a doctor accepts to treat a patient the "duty" begins.
Derelict Also called "deficiency", the level of care given to a patient must be at least average skill, knowledge, and experience to the profession in which they practice.
Direct Cause Direct cause of injury or damage (i.e. being treated for a gastritis and becoming dehydrated under a hospitals care.
Damage Wrongful activity must have caused the injury that occured. May be physical, mental or financial loss to patient or relatives
Expert Witness A professional in your discipline who has many years of experience and who has an extensive knowledge in the expected level of standard of care.
Pharmacy Technician Personal Attributes Empathy, Reliable, Dependability,Self-Starter, Flexibility, Team Player, Organized People Person
Created by: Audacity08
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