1- In a word or pdf document, explain: A. Differences Between negligence/malpractice B. Difference between assault and battery. Follow APA style 7th edition. No more Than 2 pages 2- In a word or pdf document, explain: A. Define the following 6 ethical principles: autonomy, nonmaleficence, justice, veracity, fidelity, beneficence. B. Then answer the following question: What is Ethical dilemma? Follow APA Style 7th edition. No more than 3 pages
Differences Between Negligence/Malpractice and Assault/Battery
A. Differences Between Negligence/Malpractice
Negligence and malpractice are two concepts that are often discussed in the field of healthcare and law. While there are similarities between the two, there are also key differences that set them apart.
Negligence refers to a failure to exercise the level of care that a reasonably prudent person would in similar circumstances. In the context of healthcare, negligence occurs when a healthcare professional fails to provide a standard of care that is expected of them, resulting in harm or injury to a patient. This can include actions such as failure to diagnose a condition, improper administration of medication, or lack of adequate communication with the patient.
On the other hand, malpractice refers to a specific type of negligence that occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm or injury to a patient. Malpractice cases focus on the professional’s conduct and whether their actions or omissions caused harm.
One key difference between negligence and malpractice is the standard of care. In a negligence case, the standard of care is determined by what a reasonably prudent person would do in a similar situation. In a malpractice case, however, the standard of care is determined by what a reasonably prudent healthcare professional with similar training and experience would do.
Another difference is the intent. In negligence cases, there is no requirement for the healthcare professional to have any malicious intent. It is enough to show that their actions or omissions were careless or inattentive. In malpractice cases, however, there must be a breach of duty with the intent to cause harm or disregard for the patient’s well-being.
B. Difference between Assault and Battery
Assault and battery are terms that are often used together, but they have distinct legal definitions and differences.
Assault refers to the intentional act of causing apprehension or fear of the immediate and harmful or offensive contact. It includes both threats and attempts to cause harm. In the context of healthcare, assault can occur if a healthcare professional threatens a patient with physical harm, such as raising a hand to strike them or making verbal threats.
Battery, on the other hand, refers to the intentional and unauthorized harmful or offensive physical contact with another person. It requires an actual touching of the person, without their consent or legal justification. In the healthcare setting, battery can occur if a healthcare professional performs a procedure or treatment on a patient without obtaining their informed consent or against their wishes.
One key difference between assault and battery is the element of physical contact. Assault does not require actual physical contact, whereas battery does. For example, if a healthcare professional threatens to harm a patient but does not actually touch them, it may be considered assault. If the healthcare professional goes on to physically touch the patient without their consent, it would then be considered battery.
Another difference is the level of intent necessary to establish liability. Assault requires the intentional act of causing apprehension or fear, while battery requires the intentional touching without consent or legal justification. In other words, assault focuses on the intent to create fear, whereas battery focuses on the intent to physically touch another person.
In summary, negligence and malpractice differ in terms of the standard of care and intent. Negligence refers to a failure to exercise reasonable care in a specific situation, while malpractice is a specific type of negligence that occurs when a healthcare professional deviates from the accepted standard of care. Assault and battery differ in terms of the presence of physical contact and the level of intent. Assault refers to the intentional act of causing fear, while battery refers to the intentional harmful or offensive physical contact without consent. It is important to understand these differences to accurately assess legal liability in healthcare and legal contexts.