Health Sciences 3101A/B Final: Healthcare Law Final Exam Notes

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Part 1: the legal meaning of the term negligence". Failing to control or protect a patient. The following does not constitute negligence; primary health professionals have not breached the standard of care: Patient has a severe reaction to medication. The professional"s decision proved to be wrong in hindsight. Negligence refers to a breach of care that would be expected of a reasonable person in the circumstances, a substandard in terms of one"s profession (professional is meeting the standard of care among his/her peers and his/her profession). Geared to the specific professional qualifications of the defendant i. e. an occupational therapist would be held to the standard of care of a reasonable occupational therapist with the same professional qualifications, training and experience. Errors in judgment the mustafic v. smith case dealt with psychiatrist errors in judgment but was not negligent. Mustafic v. smith (g. ) (1988) , 55 man r. (2d) 188 (c. a. ) Mr. mustafic was voluntarily admitted to a psychiatric facility.