1. National standard of care: What do you think it means, from both a health care quality and legal perspective?
"The standard of care is key both to the provision of high-quality health care and to legal claims that a health professional 's, hospital 's, or managed care organizations negligence in rendering medical care resulted in injury or death (Teitelbaum & Wilensky, 2013)."
This means that on a national level, patients should feel free from injury by their treating physician through negligence or just not qualified for the position. In this case, laws and policies are in place that help to protect patients and hold hospitals and physicians liable. However, when a patient tries to hold a hospital or physician liable for injury, they must be prepared to provide substantial evidence in that it was a direct result of negligence.
"A patient seeking to hold a health professional or entity responsible for substandard care or treatment must demonstrate the appropriate standard of care, a breach of that standard by the defendant, measurable damages (for example, physical pain or emotional suffering), and a casual link between the
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If tort laws were effective, there would be less personal injury lawyers seeking to file a law suit against health professionals. Tort laws may discourage errors and allow room for improvement in the health care setting, but may not prevent it from occurring. Not all laws do exactly what they are designed to do, however, tort laws do provide protection against the violators. In the health care setting, physicians, staff, and nurses must be aware of what they can do and what they are not allowed to do towards an individual seeking medical treatment. In fact, tort laws may increase discrimination in some geographical areas. For example: many physicians refuse to work or practice in hospitals that have a high population of "the poor" because they feel that this population group are the ones who are most likely to