Answer the discussion questions for the People Stories: The Coal Miner on page 242 of your codebook: Based on this coal miner’s experience, do you believe the United States Office of Government Ethics is properly regulating itself, as well as other government agencies, or is this just another item on a long list (e. G. , items like the Agent Orange controversy) of the LLC . S. Government’s failure to take responsibility for its wrongful actions that have harmed others? Discuss your answer. In your answer, consider both sides of the issue. Explain what action you would take to help Jimmy.
Describe the ethical principles outlined in the Pillars of Moral Strength (see Appendix A of your textbook) that apply to this case. Tort law is one of the most common laws that effect healthcare providers and their patients. Tort law is defined as a civil wrong; it is when an act is committed against a person or property for which a court identifies an action for damages (Beggar, 2013). Tort laws do not include breaches of contract instead they impact actions on both a personal and professional manner which is why they are so heavily impacted in the healthcare system.
The objectives of tort law are preservation of peace, culpability, deterrence and insemination (Beggar, 2013). Tort law is divided in to two categories unintentional and intentional. Unintentional torts are common in healthcare, as most healthcare providers do not intentionally want to cause harm. Situations as such are usually due to negligence. Negligence presents in three forms malfeasance, misfeasance and nonappearance. Some acts that are commonly resulted from negligence include wrong site surgery, medication errors and delay or omission of diagnostic test or procedure.
In a negligence tit there are four keys elements that are needed to deem the suit a success and warrant the plaintiff to recover damages. They include duty of care, breach of duty, injury and causation. Duty of care essentially states that there is an established relationship between both parties. Breach of duty entails not complying with accepted standards of care such policies and procedures. In negligence injury is also important, as just being negligent in and of itself does not make one liable without evidence of injury.
Lastly causation, the laminate has to prove that the negligent act is directly related to the poor outcome or injury. Intentional torts are acts that are committed deliberate and purposeful. The result of the act does not need to be intended but the act itself does. In healthcare the most common intentional tort is battery which involves touching with out consent of the person in a way that is deemed socially unacceptable. In most cases intentional torts are also considered crimes. Other intentional torts include, assault, defamation of character, invasion of privacy and infliction of mental distress.