What is the negligence law called, to do with healthcare?

Answer 1

Any health-care provider can be charged with negligence if they attempt to perform anything that is outside of their scope of care, or perform anything in their scope of care in a careless or improper manner that can or does result in further harm to the patient. I will give you an example below...

I am a licensed paramedic. If I come upon the scene of an accident and the mechanism of injury gives me or any other reasonable paramedic cause to believe that the patient could have suffered head, spine or neck trauma, I should take precautions to immobilize the back and neck before moving that patient. Now if I just pull that patient out of the car without applying a C-collar and get them to walk to the ambulance or rescue truck, I can be charged with negligence because I was negligent in the care of that patient.

Does that help?

I am sorry, I just re-read your question and you actually asked what it was called... It is called "Medical Negligence" and that is how law suits are filed. Now there are standards of care and scope of practice the help determine if a provider is or was negligent, but the law is as stated above...I was confused, sorry...

Answer 2

Caicos has given an excellent answer. I would just like to add that there are two types of negligence to consider, the Tort of negligence and Criminal Negligence that is governed by legislation.

It should be noted that the burden of proof is different in civil cases to that in criminal cases.

In civil actions it is based on the balance of probabilituies.

In criminal proceedings it is beyond a reasonable doubt.

It is also important to note that medical negligence is very difficult to prove either way. The courts don't like it. This because of the risk of "opening the floodgates" to litigation in this area of law.

The courts will take into consideration the public interest issue every time .

Answer 3

The National Health Service and Community Care Act 1990 is the main enactment governing health care in England and Wales.

The law of clinical negligence enables disputes between patients and health care providers involving issues about quality of health care to be resolved through negotiation or through the courts. The Civil Procedure Rules contain a pre-action protocol for Clinical Negligence that governs pre-action behaviour.

Answer 4

medical negligence

Answer 5

clinical negligence