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Negligence

  • Date Submitted: 02/18/2012 08:09 PM
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Negligence Paper
Cheri Schultz
University of Phoenix
Health Law and Ethics
HSC/478
Francis Mieczkowski, Jr.
October 22, 2011

Negligence Paper

Negligence Paper

    Health care providers have a responsibility to provide competent and safe care to his or her patients. When patient care is compromised or the patient does not have a successful medical outcome, sometimes the legal system becomes involved.   It is important to be aware of the terms negligence, gross negligence, and malpractice because they are often misunderstood.   Each legal term will be defined in an effort to distinguish the difference between them.   Application of negligence and malpractice will be applied through review of a newspaper article entitled, “Amputation mishap; negligence.”   Effective documentation leaves no room for liability of the health care provider.   After review of this paper, it is hopeful that the reader will understand the meanings of negligence, gross negligence, malpractice, and how to chart effectively in a patient’s medical record.

Negligence

    Standards of care have been created by state and federal agencies and health   care licensing boards.   These standards provide for the minimal requirement of skill and knowledge that define an acceptable level of patient care.   When health care providers
fail to provide competent care to his or her patients, they may be found guilty of negligence.   Guido (2010) defines negligence as a general term that denotes conduct lacking in due care.   Negligence equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances (p. 92).   Negligence may also include doing something that the reasonable and prudent person would not do.   As such, anyone, including nonmedical persons can be liable for negligence.   For example, the health care provider receives a report back from a pathologist that a referral to a specialist should be considered for follow-up....

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