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Explain the difference between negligence (malpractice) and battery (an intentional tort)

Explain the difference between negligence (malpractice) and battery (an intentional tort)

 

Litigation against health care providers can happen due to a myriad of factors. This assignment examines malpractice and intentional torts. Review the following article and background materials.

Sohn, D. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6, 49-56. Retrieved from the Trident University Library.

You are a new practice manager in a small medical practice made up of individual providers. For a monthly “lunch and learn” session, you have been asked to prepare a presentation examining the more common forms of litigation against practitioners. Prepare a PowerPoint presentation addressing the following questions. You must include thorough speaker’s notes.

Case Assignment

  1. Explain the difference between negligence (malpractice) and battery (an intentional tort).
  2. Identify and explain the four elements of proof required in a negligence tort case.
  3. What is vicarious liability and how is it different from individual liability?
  4. Explain malpractice or “tort” reform. Why is it of importance and what are some of the remedies that are considered in tort reform?
  5. What are the ethical responsibilities of a medical practice in relation to negligence and battery? Be sure and include a discussion of ethical principles.

Assignment Expectations

  1. Conduct additional research to gather sufficient information to justify/support your presentation.
  2. Limit your response to a maximum of 10 slides (title and reference slides are not included in this total).
  3. Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals:
    Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved from https://www.angelo.edu/services/library/handouts/peerrev.php
  4. You may use the following source to assist in formatting your assignment:
    Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved from https://owl.english.purdue.edu/owl/resource/560/01/
  5. For additional information on reliability of sources, review the following source:
    Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved from https://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content
  6. This assignment will be graded based on the content in the rubric.

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