SA Heart Journal最新文献

筛选
英文 中文
What constitutes medical negligence? 什么构成医疗过失?
SA Heart Journal Pub Date : 2010-01-01 DOI: 10.24170/7-4-1939
D. Mcquoid-mason
{"title":"What constitutes medical negligence?","authors":"D. Mcquoid-mason","doi":"10.24170/7-4-1939","DOIUrl":"https://doi.org/10.24170/7-4-1939","url":null,"abstract":"Medical negligence needs to be distinguished from medical malpractice. Medical malpractice includes both negligent and intentional wrongful acts. Medical negligence occurs when practitioners fail to exercise the standard of skill and care expected of reasonably competent practitioners in their branch of the profession. Negligence refers to behaviour – not a state of mind – and is measured objectively. Medical practitioners may be held vicariously liable for negligent wrongful acts committed by persons employed by them while acting in the scope and course of their employment. Employees are people who can be told what to do and how to do a particular job. Vicarious liability does not apply to independent contractors who can be told what to do but not how to carry out the work. At present unfair exclusion clauses that take away the rights of patients and other healthcare users may be upheld by the courts provided they are not unconstitutional or contrary to public policy. This is likely to change when the Consumer Protection Act (CPA) comes into effect on 1 April 2011. The damages awarded for medical negligence are calculated to put the injured person in the position he or she would have been had the wrongful act or omission not been committed.","PeriodicalId":55781,"journal":{"name":"SA Heart Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73637798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信