Hygiene Atlas

Atlas · Plate XVIII · Ethics and Professional Responsibility · 04

Law and liability

Malpractice requires four elements: duty, breach of duty, direct cause and damages. Treating without consent is battery, ending care without notice or a referral is abandonment, and under respondeat superior the employer answers for employees' acts. The standard of care is what a reasonably prudent, similarly trained practitioner would do in the same situation.

High-yield facts · 8

  1. Malpractice (professional negligence) needs 4 elements: duty, breach of duty (dereliction), direct cause, damages.T2
  2. Battery is touching or treating without consent; assault is making a person fear harmful contact.T2
  3. Respondeat superior: the employer is liable for the acts of employees within the scope of employment.T2
  4. Res ipsa loquitur: "the thing speaks for itself" (e.g., an instrument left in a wound).T2
  5. Abandonment is ending care without reasonable notice or a referral.T2
  6. Statute of limitations sets the time to file a lawsuit; it varies by state and may start when the injury is discovered.T2
  7. Contributory negligence: the patient's own negligence (e.g., not following home care) contributed to the harm.T2
  8. Standard of care: what a reasonably prudent practitioner with similar training would do in similar circumstances.T2

Facts are written in our own words; each tag links to its source. Values marked "sources vary" differ between references, so check the one your program uses.