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Civil Procedure Utilized in Healthcare Law

In: Business and Management

Submitted By Kelley1129
Words 300
Pages 2
Civil procedure is defined as a body of law that describes the private rights and responsibilities of individuals (Pozgar, 2012). Civil procedure is a part of law that does not deal with crimes but instead involves actions filed by one individual against another (Pozgar, 2012). Civil procedure can be utilized in healthcare law in a variety of measures in health care law to include tort and contract laws (Pozgar, 2012).
One major area within health care law that civil procedure is utilized is medical malpractice cases. Medical malpractice occurs when there is professional misconduct or lack of skill in providing medical treatment or services (McElrath, n.d). The victims of medical malpractice seek compensation for their physical and/or emotional injuries through a negligence action. A defendant physician may be found liable for medical malpractice if the plaintiff patient can establish that there was in fact a patient-physician relationship; that the physician breached the accepted standard of medical care in the treatment of the patient; and if the patient suffered an injury for which he or she should be compensated; and that the physician's violation of the standard of care was the cause of the injury (McElrath, n.d).
Breach of contract is not a common medical malpractice theory since medical providers do not typically make promises about a particular outcome of a medical procedure. However, civil procedures can occur if a patient (plaintiff) sues for breach of contract if a medical provider (defendant) failed to perform the duties specified in a contract (McElrath, n.d). To prevail, most courts will require the plaintiff to show written proof of the warranty.
Pozgar, G. (2012). Legal aspects of health care administration (11th ed.). Sudbury, MA: Jones & Bartlett.
McElrath, J. (n.d.). Tort & Medical Malpractice. Retrieved August 12, 2014.

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