Health Sciences 3101A/B Lecture Notes - Lecture 6: Wrongful Death Claim, Hypotension, Plastic Surgery

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Part 1: the legal meaning of the term negligence . Broad meaning a branch of tort law. Narrow meaning a breach of the standard of care. You cant be liable in negligence because the patient dies or you made the wrong decision. Negligence is the failure to exercise the standard of care expected of a reasonable person in all circumstances of the case (negligence = careless or substandard care) You can be negligent in: interviewing, diagnosing, taking hx, treatment plan, hiring/training staff. Negligence vs. error in judgment: not whether the decision proved to be wrong in hindsight, rather was the decision reasonable in light of all the circumstances. Mustafic v. smith: mustafic was admitted voluntarily into psych facility. Physician said he needed further observation; the next day physician gave him day pass (he was a voluntary pt after all). On the second visit home, he shot 2 kids and committed suicide.

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