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Torts
Safety Regulations & the Law
Question | Answer |
---|---|
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 |