Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation.
Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care.
According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities.
Therefore, this analysis focuses on the impact of reforms on tort law.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Establishing Liability
- Damages
- Procedural Reforms
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text analyzes the impact of tort law reforms in Australia on healthcare. It aims to examine the changes in establishing liability, awarding damages, and procedural aspects of tort law, and how these reforms affect healthcare providers and patients.
- The establishment of liability in tort law, particularly negligence.
- The calculation and limitations of damages awarded in tort cases.
- Procedural reforms, including limitation periods and the handling of claims.
- The impact of reforms on healthcare providers and patients.
- The role of foreseeability and negligence calculus in determining liability.
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introductory chapter lays the groundwork for the analysis by defining tortuous liability within the context of healthcare, highlighting its objectives of deterrence and compensation. It introduces the Australian tort law system, categorizing torts into negligence, strict liability, and intentional torts, and emphasizes the importance of understanding tort law in minimizing liability. The chapter concludes by stating the focus of the analysis: the impact of reforms on tort law.
Establishing Liability: This chapter delves into the establishment of liability under tort law, focusing on the concepts of duty of care, foreseeability of harm, and the negligence calculus. It examines how Australian case law, particularly the Wyong Shire Council v Shirt case, has evolved the understanding of foreseeability. The chapter further discusses the impact of tort reforms on the assessment of negligence, including the consideration of plaintiff's contributory negligence and the clarification of standards of care in medical practice. It also explores the concept of vicarious liability and its implications for healthcare providers.
Damages: This chapter examines the reforms regarding the awarding of damages in tort cases. It discusses the limitations placed on general damages (covering economic loss, pain and suffering, and loss of amenities) and the restrictions on compensation for loss of earning capacity. The chapter also details the reforms related to gratuitous care, addressing compensation for the need for care due to injury. Finally, it highlights the changes regarding discount rates in calculating present worth of lump sums and the abolition of punitive damages.
Procedural Reforms: This chapter briefly outlines procedural changes resulting from the tort law reforms. It focuses on the standardization of limitation periods for claims, eliminating previous inconsistencies across different states and territories. While the provided text cuts off before a full summary, it is implied that further procedural details were present in the complete text.
Schlüsselwörter (Keywords)
Tort law, negligence, liability, damages, healthcare, medical malpractice, foreseeability, negligence calculus, reforms, Australia, compensation, duty of care, vicarious liability, contributory negligence, limitation periods, professional standards.
Frequently Asked Questions: Analysis of Tort Law Reforms in Australian Healthcare
What is the main focus of this text?
This text analyzes the impact of tort law reforms in Australia on healthcare. It examines changes in establishing liability, awarding damages, and procedural aspects of tort law, and how these reforms affect healthcare providers and patients.
What are the key themes explored in the text?
The key themes include the establishment of liability (including negligence, duty of care, foreseeability, and vicarious liability), the calculation and limitations of damages (covering economic loss, pain and suffering, loss of amenities, and gratuitous care), procedural reforms (such as limitation periods), and the overall impact of these reforms on healthcare providers and patients.
What are the chapter summaries?
The Introduction defines tortuous liability in healthcare, introduces the Australian tort law system, and states the focus on the impact of reforms. Establishing Liability delves into duty of care, foreseeability of harm, the negligence calculus, and the impact of reforms on negligence assessment. Damages examines reforms regarding awarding damages, including limitations on general damages and compensation for gratuitous care. Procedural Reforms focuses on the standardization of limitation periods for claims.
What specific aspects of tort law are examined?
The text examines negligence, strict liability, and intentional torts. It delves into concepts like duty of care, foreseeability of harm, the negligence calculus, vicarious liability, contributory negligence, and the calculation and limitations of damages (general damages, loss of earning capacity, gratuitous care).
What is the significance of the Wyong Shire Council v Shirt case?
The Wyong Shire Council v Shirt case is referenced as a significant case in the evolution of the understanding of foreseeability in determining negligence in Australian case law.
What are the key procedural reforms discussed?
The main procedural reform discussed is the standardization of limitation periods for claims, aiming to eliminate inconsistencies across different states and territories. Further procedural details were implied to be present in the complete text.
What are the keywords associated with this text?
Keywords include: Tort law, negligence, liability, damages, healthcare, medical malpractice, foreseeability, negligence calculus, reforms, Australia, compensation, duty of care, vicarious liability, contributory negligence, limitation periods, professional standards.
What is the overall objective of the text?
The overall objective is to provide a comprehensive analysis of the impact of tort law reforms in Australia on the healthcare system, examining their effects on both healthcare providers and patients.
What types of damages are discussed?
The text discusses general damages (covering economic loss, pain and suffering, and loss of amenities), limitations on compensation for loss of earning capacity, and compensation for the need for gratuitous care.
What is the role of foreseeability in establishing liability?
Foreseeability of harm plays a crucial role in establishing liability, particularly in negligence cases. The text examines how the understanding of foreseeability has evolved through case law and its impact on determining liability.
- Quote paper
- Patrick Kimuyu (Author), 2017, Principles of Tortuous Liability, Munich, GRIN Verlag, https://www.grin.com/document/381305
