What surprised you in this week’s reading was the entire concept of Tort Law. I had previously heard the term, but had no idea what it meant or what it entailed. It was interest to learn that the three basic categories of tort law are negligent torts, intentional torts, and strict liability. Specifically, I found it interesting that the basic objectives of tort law are preservation of peace, which meant providing a substitute for retaliation, culpability, which is finding fault for wrongdoing, and deterrence, which is to discourage the wrongdoer from continuing wrongful acts.
I can apply the information in this week’s reading to where I work, especially at a hospital, is the fact that there is a high risk and liability working in a health setting, at a high cost. For example, as a clinical research coordinator, in order to have a new study approved, whether it be a chemo clinical trial, or a new orthopaedic device that is not FDA approved, there are many approvals and numerous required documents needed to be approved by the UCSF Institutional Review Board. There are lengthy applications that ask all types of questions that include risks, how one plans to prevent data breaches, along with creating informed consent forms that must be reviewed by the Review Board. This entire process is to prevent negligence and reduce liability for the hospital and protect the patient.
Something in the reading that I slightly disagree with or have questions about is the short excerpt of the nurse who muffled the patient with a pillow to protect another patient who suffers from a neurological condition and is highly susceptible to noise. Perhaps I need more background into this case, but I found myself questioning as that although it was not intentional assault, is what she did OK to do every single time there is a large amount of noise?
Not recently, but popularly, where was a news story about a surgeon who was speaking badly about a patient they were operating on, assuming the patient was asleep, when in fact the patient was awake, heard everything, and was recorded. I think this is definitely related to this week’s reading in that it is defamation of character from the surgeon to the patient. That was definitely communicated to a third person, which were the staff in the operating room, in front of the patient!
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