What Is the Secret to Hiring the Best Medical Malpractice Lawyer in Long Island, NY? Discover Professional Legal Guidance Today!

What Is the Secret to Hiring the Best Medical Malpractice Lawyer in Long Island, NY? Discover Professional Legal Guidance Today!

Verdict

Evaluating Lawyers Track Record and Success Rate in Medical Malpractice Cases


When youre faced with the daunting task of finding the best medical malpractice lawyer in Long Island, NY, one of the most critical steps is to evaluate the lawyers track record and success rate. This isnt just about counting how many cases theyve won; its about understanding the depth of their experience (and how it directly relates to your needs).


First off, its essential to look into the specific cases the lawyer has handled. Have they dealt specifically with cases like yours? Medical malpractice is a broad field, ranging from surgical errors to misdiagnoses or even prescription mishaps. Each type requires a different skill set, so it's important that your lawyer has a proven history in handling cases similar to yours.


Another key factor is the success rate. Verdict Now, this can be a bit tricky. Success in medical malpractice cases isnt always about winning a trial. Many cases are settled out of court, and a good settlement can be as significant as a win in the courtroom. Therefore, dont just ask for a win/loss record; inquire about the outcomes of these cases. Were the clients satisfied? Were their compensations sufficient to cover their medical needs and other losses?


Furthermore, its not just about numbers. Investigation The context of these cases matters a lot. A lawyer might have a high success rate, but what if they have only taken on relatively straightforward, small-scale cases? That might not be impressive if you're dealing with a more complex situation. Conversely, a lawyer with a slightly lower success rate but who has handled highly complex cases might actually be more adept at navigating your particular legal challenges.


Communication is another crucial aspect to consider. How well does the lawyer explain the legal process and any potential strategies they might use in your case? A trustworthy lawyer will make sure you understand each step of the process (and make you feel confident in the choices youre making together).


In conclusion, choosing the right medical malpractice lawyer in Long Island, NY, involves more than just a superficial examination of their successes. It requires a deep dive into their professional history, the relevance of their experience to your case, and their ability to communicate effectively. By taking these steps, you'll be better equipped to make an informed decision. And remember, the right lawyer can make all the difference in your case!

Understanding Fee Structures and Costs: What to Expect


When it comes to hiring the best medical malpractice lawyer in Long Island, NY, understanding fee structures and costs is crucial. Many people often overlook this aspect, but it can significantly impact your choice and the overall experience of pursuing a medical malpractice claim.


Firstly, most medical malpractice lawyers work on a contingency fee basis. This means that they will only get paid if you win your case. The typical fee is a percentage of the settlement or judgment amount, which usually ranges from 30% to 40%. This might seem high, but remember, these lawyers are taking a substantial risk by investing their time and resources with no guarantee of a payoff.


However, there are other costs involved that you should expect.

Verdict

  • Nursing
  • Care
  • Bench
  • Litigation
  • Review
These can include expenses for medical records, expert testimony, and court fees. Its important to discuss with your lawyer who will be responsible for these costs upfront. What Is the Secret to Hiring the Best Medical Malpractice Lawyer in Long Island, NY? Discover Expert Legal Guidance Today! . Some lawyers might require you to pay these costs as they are incurred. Others might advance these costs for you and deduct them from your settlement or judgment (if you win the case).


Additionally, some lawyers might charge for initial consultations, while others offer them for free. Make sure to clarify this before scheduling a meeting!


In Long Island, the competition among medical malpractice lawyers can work to your advantage, allowing you to choose from highly skilled professionals who can guide you through the complexities of your case. However, dont just look at the costs alone. Consider the lawyer's experience, track record, and your comfort level with them.


Finally, always read the fine print in any agreement with a lawyer! It can be easy to get excited about moving forward with your case, especially if a lawyer sounds exceptionally promising (and they often do!). But understanding exactly what youre agreeing to is crucial. This can prevent any unpleasant surprises regarding costs down the line.


In conclusion, finding the right medical malpractice lawyer involves a clear understanding of fee structures and costs. By taking the time to discuss and clarify these aspects, you can set realistic expectations and focus on what truly matters-getting the justice and compensation you deserve.

Importance of Initial Consultations: Preparing the Right Questions to Ask


When it comes to hiring the best medical malpractice lawyer in Long Island, NY, initial consultations are crucial. These first meetings set the stage for understanding the lawyer's expertise, approach, and how they can handle your case. However, the secret to making the most out of these consultations lies in the questions you prepare to ask - those questions that truly uncover the competence and fit of a lawyer for your specific needs.


Firstly, it's important to ask about the lawyers experience specifically related to medical malpractice. You might want to know, How long have you been handling medical malpractice cases? or What is your track record with cases similar to mine? These questions help gauge the depth of their expertise in the particular field, which is crucial because medical malpractice law is complex and requires specialized knowledge.


Secondly, understanding the logistics is also key. Questions like, Who will be handling my case on a day-to-day basis? or What are your communication practices? can provide insights into the operational aspects of working with the lawyer. It's not uncommon (and it's quite frustrating!) to hire a lawyer only to find that you're mostly dealing with paralegals or junior lawyers instead of the experienced professional you met during the consultation.


Thirdly, the financial structure of the service is a vital discussion point. Asking, How do you structure your fees? or Are there any additional costs that might arise during the case? Office helps in understanding if the financial requirements align with your budget. This transparency is important to avoid any surprises down the line.


Lastly, dont forget to ask for references or to inquire about the lawyers reputation within the Long Island community. A question like, Can you provide any testimonials from past clients? or How are you viewed by your peers in the legal community? can provide that extra layer of confidence in your choice.


Remember, the effectiveness of your initial consultation largely depends on these preparations. Come ready with these pointed questions to really peel back the layers of your prospective lawyer's qualifications and suitability for your case. Make no mistake, the effort you put into preparing for this consultation can make all the difference in your quest for justice. Choose wisely, and start your journey to legal redress with confidence!

Leveraging Client Testimonials and Reviews in Your Decision-Making Process


When facing the daunting task of finding the best medical malpractice lawyer in Long Island, NY, it is crucial to rely not just on advertisements or direct consultations, but also to deeply consider client testimonials and reviews. These reflections of personal experiences can serve as a guiding beacon in your decision-making process.


Firstly, client testimonials provide real-life insights into the lawyers expertise and success rates. When someone writes about how their lawyer handled their case with dedication and skill, it gives you a clearer picture of what to expect.

Investigation

  • Counsel
  • DelayedDiagnosis
  • Offer
  • Medication
However, its important to read these testimonials critically, understanding that while they are helpful, they represent individual opinions and experiences which might not be universally applicable (as each case is unique in its nature).


Reviews on the other hand, often found on various online platforms, can offer a broader perspective. They usually cover a range of factors including professionalism, communication skills, and the effectiveness of the legal strategies employed. Positive reviews can be a good indicator of a lawyer's competence, but its equally important to pay attention to any negative reviews. These can highlight potential red flags, such as lack of punctuality or poor communication-you definitely wouldn't want those in a lawyer handling something as critical as a medical malpractice claim!


Moreover, it's essential to look for patterns in the reviews. If multiple reviews point out the same strengths or weaknesses, these are likely to be consistent traits of the lawyers practice. This can greatly aid in making an informed decision!


In conclusion, leveraging client testimonials and reviews is a fundamental step in selecting the best medical malpractice lawyer in Long Island (NY). They not only reflect past client satisfaction but also reveal the lawyers ability to handle complex legal issues. So, take your time to sift through these personal accounts and use them to your advantage! Remember, choosing the right lawyer can make a significant difference in the outcome of your case. Dont rush this important decision!

Long Island Medical Malpractice Lawyer

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Citations and other links

For the related concept in caregiving entirely outside of a legal context, see neglect.
For other uses, see Negligence (disambiguation).

 

Negligence (Latin: negligentia)[1] is a failure to exercise appropriate care expected to be exercised in similar circumstances.[2]

Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property.[3] The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.[4]

Elements of negligence claims

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To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the "elements" of negligence. In most jurisdictions there are four elements to a negligence action:[5]

  1. duty: the defendant has a duty to others, including the plaintiff, to exercise reasonable care,
  2. breach: the defendant breaches that duty through an act or culpable omission,
  3. damages: as a result of that act or omission, the plaintiff suffers an injury, and
  4. causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission.

Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm.[6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages.[6] Despite these differences, definitions of what constitutes negligent conduct remain similar.

Duty of care

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Main article: Duty of care

The legal liability of a defendant to a plaintiff is based on the defendant's failure to fulfil a responsibility, recognised by law, of which the plaintiff is the intended beneficiary. The first step in determining the existence of a legally recognised responsibility is the concept of an obligation or duty. In the tort of negligence, the term used is duty of care.[7]

The case of Donoghue v Stevenson (1932)[8] established the modern law of negligence, laying the foundations of the duty of care and the fault principle which, (through the Privy Council), have been adopted throughout the Commonwealth. May Donoghue and her friend were in a café in Paisley. The friend bought Donoghue a ginger beer float. She drank some of the beer and later poured the remainder over her ice-cream and was horrified to see the decomposed remains of a snail exit the bottle. Donoghue suffered nervous shock and gastro-enteritis, but did not sue the cafe owner, instead suing the manufacturer, Stevenson. (As Donoghue had not herself bought the beer, the doctrine of privity precluded a contractual action against Stevenson.)

The Scottish judge, Lord MacMillan, considered the case to fall within a new category of delict (the Scots law nearest equivalent of tort). The case proceeded to the House of Lords, where Lord Atkin interpreted the biblical ordinance to "love thy neighbour" as a legal requirement to "not harm thy neighbour". He then went on to define neighbour as "persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question."

In England the case of Caparo Industries Plc v Dickman (1990) introduced a "threefold test" for a duty of care. Harm must be (1) reasonably foreseeable (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be "fair, just, and reasonable" to impose liability. However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.

In Australia, Donoghue v Stevenson was used as a persuasive precedent in the case of Grant v Australian Knitting Mills (AKR) (1936).[9] This was a landmark case in the development of the negligence law in Australia.[10]

Whether a duty of care is owed for psychiatric, as opposed to physical, harm was discussed in the Australian case of Tame v State of New South Wales; Annetts v Australian Stations Pty Ltd (2002).[11][12] Determining a duty for mental harm has now been subsumed into the Civil Liability Act 2002 in New South Wales.[13] The application of Part 3 of the Civil Liability Act 2002 (NSW) was demonstrated in Wicks v SRA (NSW); Sheehan v SRA (NSW).[14]

Breach of duty

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See also: Breach of duty in English law

Once it is established that the defendant owed a duty to the plaintiff/claimant, the matter of whether or not that duty was breached must be settled.[15] The test is both subjective and objective. The defendant who knowingly (subjective, which is based on observation and personal prejudice or view) exposes the plaintiff/claimant to a substantial risk of loss, breaches that duty. The defendant who fails to realize the substantial risk of loss to the plaintiff/claimant, which any "reasonable person"(objective, which is totally based on ground facts without any personal prejudice or point of view) in the same situation would have realized, also breaches that duty.[16][17] However, whether the test is objective or subjective may depend upon the particular case involved.

There is a reduced threshold for the standard of care owed by children. In the Australian case of McHale v Watson,[18] McHale, a 9-year-old girl was blinded in one eye after being hit by the ricochet of a sharp metal rod thrown by a 12-year-old boy, Watson. The defendant child was held not to have the level of care to the standard of an adult, but of a 12-year-old child with similar experience and intelligence. Kitto J explained that a child's lack of foresight is a characteristic they share with others at that stage of development. The same principle was demonstrated to exist in English law in Mullin v Richards.[19]

Certain jurisdictions, also provide for breaches where professionals, such as doctors, fail to warn of risks associated with medical treatments or procedures, such as an obstetrician did not warn a mother of complications arising. In Montgomery v Lanarkshire Health Board, the UK Supreme Court (hearing a Scottish delict case) decided that doctors are under a duty to ensure patients are aware of material risks in the treatment they recommend, and to make them aware (if possible) of any other reasonable treatment option[20]—a form of informed consent.[21] Under Queensland's Civil Liability Act, doctors owe both objective and subjective duties to warn—breach of either is sufficient to satisfy this element in a court of law.[22]

In Donoghue v Stevenson, Lord Macmillan declared that "the categories of negligence are never closed"; and in Dorset Yacht v Home Office it was held that the government had no immunity from suit when they negligently failed to prevent the escape of juvenile offenders who subsequently vandalise a boatyard. In other words, all members of society have a duty to exercise reasonable care toward others and their property. In Bolton v. Stone (1951),[23] the House of Lords held that a defendant was not negligent if the damage to the plaintiff were not a reasonably foreseeable consequence of his conduct. In the case, a Miss Stone was struck on the head by a cricket ball while standing outside a cricket ground. Finding that no batsman would normally be able hit a cricket ball far enough to reach a person standing as far away as was Miss Stone, the court held her claim would fail because the danger was not reasonably or sufficiently foreseeable. As stated in the opinion, "reasonable risk" cannot be judged with the benefit of hindsight.[citation needed] In Roe v Minister of Health,[24] Lord Denning said the past should not be viewed through rose coloured spectacles, finding no negligence on the part of medical professionals accused of using contaminated medical jars, since contemporary standards would have indicated only a low possibility of medical jar contamination.

For the rule in the U.S., see Calculus of negligence

Intention and/or malice

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Further establishment of conditions of intention or malice where applicable may apply in cases of gross negligence.[25]

Causation

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Main article: Causation (law)

In order for liability to result from a negligent act or omission, it is necessary to prove not only that the injury was caused by that negligence, but also that there is a legally sufficient connection between the act and the negligence.

Factual causation (actual cause)

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See also: Causation in English law and Breaking the chain

For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained.[26] Although the notion sounds simple, the causation between one's breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred "but for", or without, the accused party's breach of the duty owed to the injured party.[27][28][29] In Australia, the High Court has held that the "but for" test is not the exclusive test of causation because it cannot address a situation where there is more than one cause of damage.[28] When "but for" test is not satisfied and the case is an exceptional one, a commonsense test ("Whether and Why" test) will be applied[30] Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused.

Asbestos litigations which have been ongoing for decades revolve around the issue of causation. Interwoven with the simple idea of a party causing harm to another are issues on insurance bills and compensations, which sometimes drove compensating companies out of business.

[edit]
Negligence can lead to collisions like the Montparnasse derailment at Gare Montparnasse in 1895.

Sometimes factual causation is distinguished from "legal causation" to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class".[31] It is said a new question arises of how remote a consequence a person's harm is from another's negligence. We say that one's negligence is "too remote" (in England) or not a "proximate cause" (in the US) of another's harm if one would "never reasonably foresee it happening". A "proximate cause" in US terminology (to do with the chain of events between the action and the injury) should not be confused with the "proximity test" under the English duty of care (to do with closeness of relationship). The idea of legal causation is that if no one can foresee an incident, and therefore can not take care to avoid it, nobody could be responsible. For instance, in Palsgraf v. Long Island Rail Road Co.,[32] the judge decided that the defendant, a railway, was not liable for an injury suffered by a distant bystander. The plaintiff, Palsgraf, was hit by coin-operated scale which toppled because of fireworks explosion that fell on her as she waited on a train platform. The scales fell because of a far-away commotion (a train conductor had pushed a passenger holding a box containing an explosive) but it was not clear that what type of commotion caused the scale to fall, either it was the explosion's effect or the confused movement of the terrified people. A train conductor had run to help a man into a departing train. The man was carrying a package as he jogged to jump in the train door. The package had fireworks in it. The conductor mishandled the passenger, or his package, causing it to fall. The fireworks slipped and exploded on the ground causing shockwaves to travel through the platform, which became the cause of commotion on the platform, and as a consequence, the scales fell.[a] Because Palsgraf was hurt by the falling scales, she sued the train company who employed the conductor for negligence.[b]

The defendant train company argued it should not be liable as a matter of law, because despite the fact that they employed the employee, who was negligent, his negligence was too remote from the plaintiff's injury. On appeal, the majority of the court agreed, with four judges adopting the reasons, written by Judge Cardozo, that the defendant owed no duty of care to the plaintiff, because a duty was owed only to foreseeable plaintiffs.[33] Three judges dissented, arguing, as written by Judge Andrews, that the defendant owed a duty to the plaintiff, regardless of foreseeability, because all men owe one another a duty not to act negligently.

Such disparity of views on the element of remoteness continues to trouble the judiciary. Courts that follow Cardozo's view have greater control in negligence cases. If the court can find that, as a matter of law, the defendant owed no duty of care to the plaintiff, the plaintiff will lose his case for negligence before having a chance to present to the jury. Cardozo's view is the majority view. However, some courts follow the position put forth by Judge Andrews. In jurisdictions following the minority rule, defendants must phrase their remoteness arguments in terms of proximate cause if they wish the court to take the case away from the jury.

Remoteness takes another form, seen in The Wagon Mound (No. 2).[34] The Wagon Mound was a ship in Sydney harbour. The ship leaked oil creating a slick in part of the harbour. The wharf owner asked the ship owner about the danger and was told he could continue his work because the slick would not burn. The wharf owner allowed work to continue on the wharf, which sent sparks onto a rag in the water which ignited and created a fire which burnt down the wharf. The Privy Council determined that the wharf owner "intervened" in the causal chain, creating a responsibility for the fire which canceled out the liability of the ship owner.

In Australia the concept of remoteness, or proximity, was tested with the case of Jaensch v Coffey.[12] The wife of a policeman, Vicki Coffey, suffered a nervous shock injury from the aftermath of a motor vehicle collision, although she was not actually at the scene at the time of the collision. The court upheld that, in addition to it being reasonably foreseeable that his wife might suffer such an injury, it required that there be sufficient proximity between the plaintiff and the defendant who caused the collision. Here there was sufficient causal proximity. See also Kavanagh v Akhtar,[35] Imbree v McNeilly,[36] and Tame v NSW.[11]

Injury

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Even though there is breach of duty, and the cause of some injury to the defendant, a plaintiff may not recover unless he can prove that the defendant's breach caused a pecuniary injury.

As a general rule, plaintiffs in tort litigation can only recover damages if they prove both that they suffered a loss and that the loss was reasonably foreseeable to the defendant. When damages are not a necessary element of a tort claim, a plaintiff may prevail without demonstrating a financial injury, potentially recovering nominal damages along with any other remedy available under the law.[37]

Negligence is different in that the plaintiff must ordinarily prove a pecuniary loss in order to recover damages. In some cases, such as defamation per se, damages may be presumed. Recovery for non-pecuniary losses, such as emotional injury, are normally recoverable only if the plaintiff has also proved a pecuniary loss.[38] Examples of pecuniary loss include medical bills that result from an injury, or repair costs or loss of income due to property damage.

The damage may be physical, purely economic, both physical and economic (loss of earnings following a personal injury[39]), or reputational (in a defamation case).

In English law, the right to claim for purely economic loss is limited to a number of "special" and "clearly defined circumstances", often related to the nature of the duty to the plaintiff as between clients and lawyers, financial advisers, and other professions where money is central to the consultative services.

Emotional distress has been recognized as an actionable tort. Generally, emotional distress damages had to be parasitic. That is, the plaintiff could recover for emotional distress caused by injury, but only if it accompanied a physical or pecuniary injury.

A claimant who has suffered only emotional distress and no pecuniary loss would not recover for negligence. However, courts have recently allowed recovery for a plaintiff to recover for purely emotional distress under certain circumstances. The state courts of California allowed recovery for emotional distress alone – even in the absence of any physical injury, when the defendant physically injures a relative of the plaintiff, and the plaintiff witnesses it.[40]

The eggshell skull rule is a legal doctrine upheld in some tort law systems, which holds that a tortfeasor is liable for the full extent of damage caused, even where the extent of the damage is due to the unforeseen frailty of the claimant. The eggshell skull rule was recently maintained in Australia in the case of Kavanagh v Akhtar.[35]

Special doctrines

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Res ipsa loquitur: Latin for "the thing speaks for itself". To prove negligence under this doctrine the plaintiff must prove (1) the incident does not usually happen without negligence, (2) the object that caused the harm was under the defendant's control and (3) the plaintiff did not contribute to the cause.[41]

Negligence per se comes down to whether or not a party violated a standard in law meant to protect the public such as a building code or speed limit.[42]

Damages

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Main article: Damages

Damages place a monetary value on the harm done, following the principle of restitutio in integrum (Latin for "restoration to the original condition"). Thus, for most purposes connected with the quantification of damages, the degree of culpability in the breach of the duty of care is irrelevant. Once the breach of the duty is established, the only requirement is to compensate the victim.

One of the main tests that is posed when deliberating whether a claimant is entitled to compensation for a tort, is the "reasonable person".[43] The test is self-explanatory: would a reasonable person (as determined by a judge or jury), under the given circumstances, have done what the defendant did to cause the injury in question; or, in other words, would a reasonable person, acting reasonably, have engaged in similar conduct when compared to the one whose actions caused the injury in question? Simple as the "reasonable person" test sounds, it is very complicated. It is a risky test because it involves the opinion of either the judge or the jury that can be based on limited facts. However, as vague as the "reasonable person" test seems, it is extremely important in deciding whether or not a plaintiff is entitled to compensation for a negligence tort.

Damages are compensatory in nature. Compensatory damages addresses a plaintiff/claimant's losses (in cases involving physical or mental injury the amount awarded also compensates for pain and suffering). The award should make the plaintiff whole, sufficient to put the plaintiff back in the position he or she was before Defendant's negligent act. Anything more would unlawfully permit a plaintiff to profit from the tort.

There are also two other general principles relating to damages. Firstly, the award of damages should take place in the form of a single lump sum payment. Therefore, a defendant should not be required to make periodic payments (however some statutes give exceptions for this). Secondly, the court is not concerned with how the plaintiff uses the award of damages. For example, if a plaintiff is awarded $100,000 for physical harm, the plaintiff is not required to spend this money on medical bills to restore them to their original position – they can spend this money any way they want.[44]

Types of damage
  • Special damages – quantifiable dollar losses suffered from the date of defendant's negligent act (the tort) up to a specified time (proven at trial). Special damage examples include lost wages, medical bills, and damage to property such as one's car.
  • General damages – these are damages that are not quantified in monetary terms (e.g., there's no invoice or receipt as there would be to prove special damages). A general damage example is an amount for the pain and suffering one experiences from a car collision. Lastly, where the plaintiff proves only minimal loss or damage, or the court or jury is unable to quantify the losses, the court or jury may award nominal damages.
  • Punitive damages – Punitive damages are to punish a defendant, rather than to compensate plaintiffs, in negligence cases. In most jurisdictions punitive damages are recoverable in a negligence action, but only if the plaintiff shows that the defendant's conduct was more than ordinary negligence (i.e., wanton and willful or reckless).
  • Aggravated damages – In contrast to exemplary damages, compensation are given to the plaintiff when the harm is aggravated by the defendant's conduct. For example, the manner of this wrongful act increased the injury by subjecting the plaintiff to humiliation, insult.[45]

Comparison by jurisdiction

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Civil law jurisdictions

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In the Swiss Criminal Code, the term "négligence" is used to denote an omission, akin to the English term "negligence". However, unlike criminal negligence, it describes situations where the perpetrator acts without being aware of the potential consequences of their actions or disregards these consequences.

Similarly, under the Turkish Penal Code No. 5237, which took effect on June 1, 2005, "criminal negligence" (Turkish: İhmali suç) refers to a person's failure to act when required by law,[46] while "negligence" (Turkish: Taksir) is defined as the occurrence of a legally foreseen consequence due to a lack of necessary care.

The French criminal code, as a rule, requires a person to have acted with mens rea, for an act to be punishable.[47] Comparably, the Italian Penal Code [it], enacted on October 19, 1930, specifies in Article 42 that a person can only be punished for a crime if it was committed with intent. However, Article 43 provides exceptions for crimes arising from negligence or exceeding intentionality. These negligent crimes occur despite the defendant's foresight[c] and are the result of negligence, carelessness, lack of experience, or non-compliance with laws, regulations, orders, or disciplinary rules.[48]

Consistent with other civil law systems, Turkish criminal law also treats criminal responsibility for acts committed negligently as an exception, confined to those acts explicitly stated in the law.[49] Article 23 of the Turkish Penal Code further asserts that for crimes that are aggravated by their consequences to be attributed to the perpetrator, the base crime must be committed with intent. Furthermore, concerning the aggravated or unintended consequences, the perpetrator must have acted with at least a minimal level of negligence, whether advertently or inadvertently.[50]

Common law jurisdictions

[edit]

England and Wales

[edit]

Claims for negligence in England and Wales are subject to the time scale provisions of the Limitation Act 1980. However, the Latent Damage Act 1986 amended the law in relation to "actions for damages for negligence not involving personal injuries" when evidence that work has been completed negligently does not become available until some time after the work has been completed, i.e. "latent damage".[51]

India

[edit]

With regard to negligence, Indian jurisprudence follows the approach stated in Ratanlal & Dhirajlal: The Law of Torts,[52][53] laying down three elements:

  • A duty of care (i.e. a legal duty to exercise "ordinary care and skill")
  • A violation of the appropriate standard of care[d]
  • Causation (i.e. the violation resulted in injury to the plaintiff's person or property)

The Indian approach to professional negligence requires that any skilled task requires a skilled professional.[54] Such a professional would be expected to be exercising his skill with reasonable competence.[55] Professionals may be held liable for negligence on one of two findings:

  • They were not possessed of the requisite skill which he professed to have possessed.
  • They did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for determining whether or not either of the two findings can be made is whether a competent person exercising ordinary skill in that profession would possess or exercise in a similar manner the skill in question. Consequently, it is not necessary for every professional to possess the highest level of expertise in that branch which he practices.[55] Professional opinion is generally accepted, but courts may rule otherwise if they feel that the opinion is "not reasonable or responsible".[56]

New Zealand

[edit]

United States

[edit]

The United States generally recognizes four elements to a negligence action: duty, breach, proximate causation and injury. A plaintiff who makes a negligence claim must prove all four elements of negligence in order to win his or her case.[62] Therefore, if it is highly unlikely that the plaintiff can prove one of the elements, the defendant may request judicial resolution early on, to prevent the case from going to a jury. This can be by way of a demurrer, motion to dismiss, or motion for summary judgment.[63]

The elements allow a defendant to test a plaintiff's accusations before trial, as well as providing a guide to the finder of fact at trial (the judge in a bench trial, or jury in a jury trial) to decide whether the defendant is or is not liable. Whether the case is resolved with or without trial again depends heavily on the particular facts of the case, and the ability of the parties to frame the issues to the court. The duty and causation elements in particular give the court the greatest opportunity to take the case from the jury, because they directly involve questions of policy.[64] The court can find that regardless of any disputed facts, the case may be resolved as a matter of law from undisputed facts because as a matter of law the defendant cannot be legally responsible for the plaintiff's injury under a theory of negligence.[64]

On appeal, depending on the disposition of the case and the question on appeal, the court reviewing a trial court's determination that the defendant was negligent will analyze at least one of the elements of the cause of action to determine if it is properly supported by the facts and law. For example, in an appeal from a final judgment after a jury verdict, the appellate court will review the record to verify that the jury was properly instructed on each contested element, and that the record shows sufficient evidence for the jury's findings. On an appeal from a dismissal or judgment against the plaintiff without trial, the court will review de novo whether the court below properly found that the plaintiff could not prove any or all of his or her case.[65]

See also

[edit]

Notes

[edit]
 
  1. ^ The plaintiff's physical injuries were minor and more likely caused by a stampede of travelers on the platform rather than the concussion of the exploding fireworks. These details have not, however, stopped the case from becoming the source of extensive debate in American tort law.
  2. ^ She could have sued the man or the conductor himself, but they did not have as much money as the company. Often, in litigation, where two defendants are equally liable but one is more able to satisfy a judgment, he will be the preferred defendant and is referred to as the "deep pocket."
  3. ^ Refers to the situation of "conscious negligence" where the perpetrator performs the act with the confidence that the anticipated outcome will not occur, as opposed to intentional conduct.
  4. ^ In other words, the breach of the duty caused by the omission to do something which a reasonable person, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a reasonable person would not do.

References

[edit]

Citations

[edit]
  1. ^ "Negligence". Oxford Living Dictionaries. Oxford University Press. Archived from the original on 6 August 2017. Retrieved 24 July 2017.
  2. ^ "Negligence". Britannica English. Merriam Webster. Retrieved 12 June 2011.
  3. ^ Feinman, Jay (2010). Law 101. New York: Oxford University Press. ISBN 978-0-19-539513-6.
  4. ^ Deakin, Simon F.; Markesinis, B.S.; Johnston, Angus C. (2003). Markesinis and Deakin's Tort Law (5 ed.). Oxford University Press. p. 218. ISBN 9780199257119.
  5. ^ Boehm, Theodore R. (2003). "A Tangled Webb – Reexamining the Role of Duty in Indiana Negligence Actions". Indiana Law Review. 37 (1): 1–20. doi:10.18060/3628.
  6. ^ a b Owen, David G. (Summer 2007). "The Five Elements of Negligence". Hofstra Law Review. 35 (4): 1671. Retrieved 22 September 2017.
  7. ^ Quill, Eoin (2014). Torts In Ireland. Dublin: Gill & Macmillan. p. 19.
  8. ^ Donoghue v Stevenson [1932] AC 532
  9. ^ Grant v Australian Knitting Mills [1935] UKPC 62, [1936] AC 85; [1935] UKPCHCA 1, (1935) 54 CLR 49 (21 October 1935), Privy Council (on appeal from Australia).
  10. ^ "Example of the Development of the Law of Negligence" (PDF). law.uwa.edu.au..
  11. ^ a b Tame v State of New South Wales; Annetts v Australian Stations Pty Ltd [2002] HCA 35, (2002) 211 CLR 317, High Court (Australia).
  12. ^ a b Jaensch v Coffey [1984] HCA 52, (1984) 155 CLR 549, High Court (Australia).
  13. ^ Civil Liability Act 2002 (NSW) s 32.
  14. ^ Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales [2010] HCA 22, (2010) 241 CLR 60, High Court (Australia);
    see also Koehler v Cerebos (Australia) Ltd [2005] HCA 15, (2005) 222 CLR 44, High Court (Australia).
  15. ^ "Breach of Duty in Negligence". IPSA LOQUITUR. 18 July 2019. Retrieved 23 October 2019.
  16. ^ Wyong Shire Council v Shirt [1980] HCA 12, (1980) 146 CLR 40 (1 May 1980), High Court (Australia).
  17. ^ Doubleday v Kelly [2005] NSWCA 151, Court of Appeal (NSW, Australia); see also Drinkwater v Howart [2006] NSWCA 222, Court of Appeal (NSW, Australia).
  18. ^ McHale v Watson [1966] HCA 13 (7 March 1966), High Court (Australia).
  19. ^ Mullin v Richards [1998] 1 WLR 1304
  20. ^ Jackson, Rupert M.; Powell, John L. (2022). Jackson & Powell on Professional Liability. The Common Law Library (9 ed.). London: Sweet & Maxwell. 13-055. ISBN 978-0-414-09040-8.
  21. ^ Buckley, Richard A. (2017). The Law of Negligence and Nuisance. Butterworths Common Law Series (6 ed.). London: LexisNexis. 7.16. ISBN 978-1-4743-0715-4.
  22. ^ Civil Liability Act 2003 (Qld) s 21.
  23. ^ Bolton v. Stone, [1951] A.C. 850 see also Roads and Traffic Authority of NSW v Dederer [2007] HCA 42, High Court (Australia).
  24. ^ Roe v Minister of Health (1954) 2 AER 131; see also Glasgow Corporation v Muir (1943) 2 AER 44.
  25. ^ Thornton, R. G. (2006). "Malice/gross negligence". Proceedings (Baylor University. Medical Center). 19 (4): 417–418. doi:10.1080/08998280.2006.11928212. PMC 1618741. PMID 17106507.
  26. ^ Tubemakers of Australia Ltd v Fernandez (1976) 10 ALR 303; (1976) 50 ALJR 720 LawCite records.
  27. ^ Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48, High Court (Australia); Strong v Woolworths [2012] HCA 5, (2012) 246 CLR 182, High Court (Australia);
  28. ^ a b March v Stramare (E & MH) Pty Ltd [1991] HCA 12, (1991) 171 CLR 506, High Court (Australia).
  29. ^ Wallace v Kam [2013] HCA 19, High Court (Australia).
  30. ^ Civil Liability Act 2005 (NSW) s 5d(2).
  31. ^ Ultramares Corp. v. Touche(1931) 255 N.Y. 170, 174 N.E. 441
  32. ^ Palsgraf v. Long Island Rail Road Co. (1928) 162 N.E. 99
  33. ^ "Palsgraf v Long_Is_RR". www.nycourts.gov. Retrieved 19 January 2024.
  34. ^ Overseas Tankship (UK) Ltd v The Miller Steamship Co (Wagon Mound No. 2) [1966] UKPC 10, [1967] AC 617; [1967] 2 All ER 709 (25 May 1966), Privy Council (on appeal from NSW).
  35. ^ a b Kavanagh v Akhtar [1998] NSWSC 779, Supreme Court (NSW, Australia).
  36. ^ Imbree v McNeilly [2008] HCA 40, High Court (Australia).
  37. ^ Blanchard, Sadie (2022). "Nominal Damages as Vindication". George Mason Law Review. 30: 228.
  38. ^ Carr, Christopher (May 1974). "Measuring the Pecuniary Loss in Damages for Personal". The Modern Law Review. 37 (3): 341.
  39. ^ See, eg, Sharman v Evans [1977] HCA 8, (1977) 138 CLR 563, High Court (Australia).
  40. ^ See Dillon v. Legg, 68 Cal. 2d 728 (1968) and Molien v. Kaiser Foundation Hospitals, 27 Cal. 3d 916 (1980).
  41. ^ "Res Ipsa Loquitur". LII / Legal Information Institute. Retrieved 12 April 2020.
  42. ^ "negligence per se". LII / Legal Information Institute. Retrieved 12 April 2020.
  43. ^ Blyth v Birmingham Waterworks Co (1856) Ex Ch 781
  44. ^ Todorovic v Waller [1981] HCA 72, (1981) 150 CLR 402, High Court (Australia).
  45. ^ State of NSW v Riley [2003] NSWCA 208, Court of Appeal (NSW, Australia).
  46. ^ Mehmet Hakan Hakeri, M. H. H., İhmali Suçlar, Ceza Hukuku Dergisi, 2(4), pp. 137-169
  47. ^ République française; Secrétariat général du gouvernement (19 October 2022). "Légifrance Le service public de la diffusion du droit" [The public service for dissemination of the law]. Légifrance. Direction de l'information légale et administrative. CP art. 121-3. ISSN 2270-8987. OCLC 867599055.
  48. ^ Mantovani, Ferrando (2007). Principi di diritto penale (in Italian) (2nd ed.). CEDAM. pp. 159–163.
  49. ^ Ünal, Ertuğrul (2015). "Taksirle Ölüme Sebebiyet Verme Suçu (TCK m. 85)" (PDF). İstanbul Üniversitesi Sosyal Bilimler Enstitüsü. İstanbul. Retrieved 21 June 2024.
  50. ^ Çiftçioğlu, Cengiz Topel. "Türk Ceza Kanunu'nda Taksir". p. 320. Retrieved 21 June 2024.
  51. ^ UK Legislation, Latent Damage Act 1986: Introductory Text, accessed on 9 February 2026
  52. ^ Ratanlal & Dhirajlal, Singh J, G.P. (ed.), The Law of Torts (24th. ed.), Butterworths
  53. ^ In the case of Ms Grewal & Anor v Deep Chand Soon & Ors [2001] L.R.I. 1289 at [14], the court held that "negligence in common parlance mean and imply failure to exercise due care, expected of a reasonable prudent person. It is a breach of duty and negligence in law ranging from inadvertence to shameful disregard of safety of others. ... negligence represents a state of the mind which however is much serious in nature than mere inadvertence. ... [W]hereas inadvertence is a milder form of negligence, negligence by itself means and imply a state of mind where there is no regard for duty or the supposed care and attention which one ought to bestow."
  54. ^ Jacob Mathew v State of Punjab [2005] S.C. 0547, per R.C. Lahoti.
  55. ^ a b Jacob Mathew v State of Punjab at [8]
  56. ^ Vinitha Ashok v Lakshmi Hospital & Ors [2001] 4 L.R.I.292 at [39].
  57. ^ Gillooly, Michael (1998). The law of defamation in Australia and New Zealand. Sydney: Federation Press. p. 10. ISBN 9781862873001.
  58. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.
  59. ^ Vennell, Margaret A. (1977). "The Essentials of Nuisance: A Discussion of Recent New Zealand Developments in the Tort of Nuisance". Otago Law Review: 60–61.
  60. ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. p. 245. ISBN 0-408-71770-X.
  61. ^ French, Mike (2012). Donoghue v Stevenson and local authorities: A New Zealand perspective - can the tort of negligence be built on shaky foundations?. University of the West of Scotland.
  62. ^ Healey, Paul D. (1995). "Chicken Little at the Reference Desk: The Myth of Librarian Liability". Law Library Journal. 87: 515. Retrieved 22 September 2017.
  63. ^ Currie, David P. (Autumn 1977). "Thoughts on Directed Verdicts and Summary Judgments". The University of Chicago Law Review. 45 (1): 72–79. doi:10.2307/1599201. JSTOR 1599201.
  64. ^ a b McLauchlan, William P. (June 1977). "An Empirical Study of the Federal Summary Judgment Rule". The Journal of Legal Studies. 6 (2): 427–459. doi:10.1086/467581. S2CID 153380489.
  65. ^ Hofer, Ronald R. (1990). "Standards of Review – Looking beyond the Labels". Marquette Law Review. 74. Retrieved 22 September 2017.
[edit]
  • Chisholm, Hugh, ed. (1911). "Negligence" . Encyclopædia Britannica. Vol. 19 (11th ed.). Cambridge University Press. pp. 342–343. — Britannica 1911's account of negligence: an interesting historical read, preceding the era of Buick Motor and Donoghue v. Stevenson.
 
 

 

An attorney is an individual that is certified to use advice regarding the legislation, draft legal papers, or represent people in lawful issues. The exact nature of an attorney's job differs depending upon the lawful territory and the lawful system, along with the attorney's area of technique. In numerous territories, the lawful career is split into various branches —-- including barristers, lawyers, conveyancers, notaries, canon legal representative —-- that do various tasks related to the regulation. Historically, the function of lawyers can be traced back to ancient worlds such as Greece and Rome. In modern times, the method of law consists of tasks such as representing clients in criminal or civil court, encouraging on organization purchases, securing copyright, and making sure compliance with regulations and policies. Relying on the country, the education and learning called for to come to be a lawyer can vary from finishing an undergraduate legislation degree to going through postgrad education and learning and professional training. In lots of jurisdictions, passing a bar exam is likewise necessary before one can exercise law. Working as an attorney normally involves the functional application of abstract lawful concepts and understanding to solve details troubles. Some lawyers also work largely in maintaining the policy of legislation, human rights, and the interests of the lawful profession.

.

 

For other uses, see Health care (disambiguation).

 

Global concentrations of health care resources, as depicted by the number of physicians per 10,000 individuals, by country. Data is sourced from a WHO indicator and is from 2017-2023.
Graphic of hospital beds per 1,000 people globally in 2013, at top;[1] NewYork-Presbyterian Hospital in New York City, a hub for health care and life sciences,[2] is one of the world's busiest hospitals, below. Pictured is its Weill Cornell facility (white complex at the center).

Health care, or healthcare, is the improvement or maintenance of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health professionals and allied health fields. Medicine, dentistry, pharmacy, midwifery, nursing, optometry, audiology, psychology, occupational therapy, physical therapy, athletic training, and other health professions all constitute health care. The term includes work done in providing primary care, secondary care, tertiary care, mental health care and public health.

Access to health care may vary across countries, communities, and individuals, influenced by social and economic conditions and health policies. Providing health care services means "the timely use of personal health services to achieve the best possible health outcomes".[3] Factors to consider in terms of health care access include financial limitations (such as insurance coverage), geographical and logistical barriers (such as additional transportation costs and the ability to take paid time off work to use such services), sociocultural expectations, and personal limitations (lack of ability to communicate with health care providers, poor health literacy, low income).[4] Limitations to health care services affect negatively the use of medical services, the efficacy of treatments, and overall outcome (well-being, mortality rates).

Health systems are the organizations established to meet the health needs of targeted populations. According to the World Health Organization (WHO), a well-functioning health care system requires a financing mechanism, a well-trained and adequately paid workforce, reliable information on which to base decisions and policies, and well-maintained health facilities to deliver quality medicines and technologies.

An efficient health care system can contribute to a significant part of a country's economy, development, and industrialization. Health care is an important determinant in promoting the general physical and mental health and well-being of people around the world.[5] An example of this was the worldwide eradication of smallpox in 1980, declared by the WHO, as the first disease in human history to be eliminated by deliberate health care interventions.[6]

Delivery

[edit]
See also: Health professionals
Primary care may be provided in community health centers.

The delivery of modern health care depends on groups of trained professionals and paraprofessionals coming together as interdisciplinary teams.[7] This includes professionals in medicine, psychology, physiotherapy, nursing, dentistry, midwifery and allied health, along with many others such as public health practitioners, community health workers and assistive personnel. These professionals systematically provide personal and population-based preventive, curative and rehabilitative care services.[citation needed]

While the definitions of the various types of health care vary based on the different cultural, political, organizational, and disciplinary perspectives, there is general consensus that primary care constitutes the first element of a continuous health care process and may also include the provision of secondary and tertiary levels of care.[8] Health care can be defined as either public or private.[citation needed]

The emergency room is often a frontline venue for the delivery of primary medical care.

Primary care

[edit]
Main article: Primary health care
See also: Primary care, Ambulatory care, and Urgent care
Hospital train "Therapist Matvei Mudrov" in Khabarovsk, Russia[9]

Primary care refers to the work of health professionals who act as a first point of consultation for all patients within the health care system. The primary care model supports first-contact, accessible, continuous, comprehensive and coordinated person-focused care.[10] Such a professional would usually be a primary care physician, such as a general practitioner or family physician. Another professional would be a licensed independent practitioner such as a physiotherapist, or a non-physician primary care provider such as a physician assistant or nurse practitioner. Depending on the locality and health system organization, the patient may see another health care professional first, such as a pharmacist or nurse. Depending on the nature of the health condition, patients may be referred for secondary or tertiary care.[citation needed]

Primary care is often used as the term for the health care services that play a role in the local community. It can be provided in different settings, such as Urgent care centers that provide same-day appointments or services on a walk-in basis.[citation needed]

Primary care involves the widest scope of health care, including all ages of patients, patients of all socioeconomic and geographic origins, patients seeking to maintain optimal health, and patients with all types of acute and chronic physical, mental and social health issues, including multiple chronic diseases. Consequently, a primary care practitioner must possess a wide breadth of knowledge in many areas. Continuity is a key characteristic of primary care, as patients usually prefer to consult the same practitioner for routine check-ups and preventive care, health education, and every time they require an initial consultation about a new health problem. The International Classification of Primary Care (ICPC) is a standardized tool for understanding and analyzing information on interventions in primary care based on the reason for the patient's visit.[11]

Common chronic illnesses usually treated in primary care may include, for example, hypertension, diabetes, asthma, COPD, depression and anxiety, back pain, arthritis or thyroid dysfunction. Primary care also includes many basic maternal and child health care services, such as family planning services and vaccinations. In the United States, the 2013 National Health Interview Survey found that skin disorders (42.7%), osteoarthritis and joint disorders (33.6%), back problems (23.9%), disorders of lipid metabolism (22.4%), and upper respiratory tract disease (22.1%, excluding asthma) were the most common reasons for accessing a physician.[12]

In the United States, primary care physicians have begun to deliver primary care outside of the managed care (insurance-billing) system through direct primary care which is a subset of the more familiar concierge medicine. Physicians in this model bill patients directly for services, either on a pre-paid monthly, quarterly, or annual basis, or bill for each service in the office. Examples of direct primary care practices include Foundation Health in Colorado and Qliance in Washington.[citation needed]

In the context of global population aging, with increasing numbers of older adults at greater risk of chronic non-communicable diseases, rapidly increasing demand for primary care services is expected in both developed and developing countries.[13][14] The World Health Organization attributes the provision of essential primary care as an integral component of an inclusive primary health care strategy.[8]

Secondary care

[edit]
Jackson Memorial Hospital in Miami, the primary teaching hospital of the University of Miami's Miller School of Medicine and the largest hospital in the United States with 1,547 beds[15]

Secondary care includes acute care: necessary treatment for a short period of time for a brief but serious illness, injury, or other health condition. This care is often found in a hospital emergency department. Secondary care also includes skilled attendance during childbirth, intensive care, and medical imaging services.[16]

The term "secondary care" is sometimes used synonymously with "hospital care". However, many secondary care providers, such as psychiatrists, clinical psychologists, occupational therapists, most dental specialties or physiotherapists, do not necessarily work in hospitals. Some primary care services are delivered within hospitals. Depending on the organization and policies of the national health system, patients may be required to see a primary care provider for a referral before they can access secondary care.[17][18]

In countries that operate under a mixed market health care system, some physicians limit their practice to secondary care by requiring patients to see a primary care provider first. This restriction may be imposed under the terms of the payment agreements in private or group health insurance plans. In other cases, medical specialists may see patients without a referral, and patients may decide whether self-referral is preferred.[citation needed]

In other countries patient self-referral to a medical specialist for secondary care is rare as prior referral from another physician (either a primary care physician or another specialist) is considered necessary, regardless of whether the funding is from private insurance schemes or national health insurance.[citation needed]

Allied health professionals, such as physical therapists, respiratory therapists, occupational therapists, speech therapists, and dietitians, also generally work in secondary care, accessed through either patient self-referral or through physician referral.[citation needed]

Tertiary care

[edit]
National Hospital for Neurology and Neurosurgery in London, United Kingdom is a specialist neurological hospital.

Tertiary care is specialized consultative health care, usually for inpatients and on referral from a primary or secondary health professional, in a facility that has personnel and facilities for advanced medical investigation and treatment, such as a tertiary referral hospital.[19]

Examples of tertiary care services are cancer management, neurosurgery, cardiac surgery, plastic surgery, treatment for severe burns, advanced neonatology services, palliative, and other complex medical and surgical interventions.[20]

Quaternary care

[edit]

The term quaternary care is sometimes used as an extension of tertiary care in reference to advanced levels of medicine which are highly specialized and not widely accessed. Experimental medicine and some types of uncommon diagnostic or surgical procedures are considered quaternary care. These services are usually only offered in a limited number of regional or national health care centers.[20][21]

Home and community care

[edit]
See also: Public health

Many types of health care interventions are delivered outside of health facilities. They include many interventions of public health interest, such as food safety surveillance, distribution of condoms and needle-exchange programs for the prevention of transmissible diseases.[citation needed]

They also include the services of professionals in residential and community settings in support of self-care, home care, long-term care, assisted living, treatment for substance use disorders among other types of health and social care services.[citation needed]

Community rehabilitation services can assist with mobility and independence after the loss of limbs or loss of function. This can include prostheses, orthotics, or wheelchairs.[citation needed]

Many countries are dealing with aging populations, so one of the priorities of the health care system is to help seniors live full, independent lives in the comfort of their own homes. There is an entire section of health care geared to providing seniors with help in day-to-day activities at home such as transportation to and from doctor's appointments along with many other activities that are essential for their health and well-being. Although they provide home care for older adults in cooperation, family members and care workers may harbor diverging attitudes and values towards their joint efforts. This state of affairs presents a challenge for the design of ICT (information and communication technology) for home care.[22]

Because statistics show that over 80 million Americans have taken time off of their primary employment to care for a loved one,[23] many countries have begun offering programs such as the Consumer Directed Personal Assistant Program to allow family members to take care of their loved ones without giving up their entire income.[citation needed]

With obesity in children rapidly becoming a major concern, health services often set up programs in schools aimed at educating children about nutritional eating habits, making physical education a requirement and teaching young adolescents to have a positive self-image.[24]

Ratings

[edit]
Main article: Health care ratings

Health care ratings are ratings or evaluations of health care used to evaluate the process of care and health care structures and/or outcomes of health care services. This information is translated into report cards that are generated by quality organizations, nonprofit, consumer groups and media. This evaluation of quality is based on measures of:[citation needed]

Health system

[edit]
Main articles: Health system, Health care systems by country, and Health policy

A health system, also sometimes referred to as health care system or healthcare system, is the organization of people, institutions, and resources that deliver health care services to populations in need.[citation needed] Health care extends beyond the delivery of services to patients, encompassing many related sectors, and is set within a bigger picture of financing and governance structures.

Industry

[edit]
See also: Healthcare industry

The healthcare industry incorporates several sectors that are dedicated to providing health care services and products. As a basic framework for defining the sector, the United Nations' International Standard Industrial Classification categorizes health care as generally consisting of hospital activities, medical and dental practice activities, and "other human health activities." The last class involves activities of, or under the supervision of, nurses, midwives, physiotherapists, scientific or diagnostic laboratories, pathology clinics, residential health facilities, patient advocates[25] or other allied health professions.

In addition, according to industry and market classifications, such as the Global Industry Classification Standard and the Industry Classification Benchmark, health care includes many categories of medical equipment, instruments and services including biotechnology, diagnostic laboratories and substances, drug manufacturing and delivery.[citation needed]

For example, pharmaceuticals and other medical devices are the leading high technology exports of Europe and the United States.[26][27] The United States dominates the biopharmaceutical field, accounting for three-quarters of the world's biotechnology revenues.[26][28]

Research

[edit]
Main articles: Medical research and Nursing research
For a topical guide, see Healthcare science.

The quantity and quality of many health care interventions are improved through the results of science, such as advanced through the medical model of health which focuses on the eradication of illness through diagnosis and effective treatment. Many important advances have been made through health research, biomedical research and pharmaceutical research, which form the basis for evidence-based medicine and evidence-based practice in health care delivery. Health care research frequently engages directly with patients, and as such issues for whom to engage and how to engage with them become important to consider when seeking to actively include them in studies. While single best practice does not exist, the results of a systematic review on patient engagement suggest that research methods for patient selection need to account for both patient availability and willingness to engage.[29]

Health services research can lead to greater efficiency and equitable delivery of health care interventions, as advanced through the social model of health and disability, which emphasizes the societal changes that can be made to make populations healthier.[30] Results from health services research often form the basis of evidence-based policy in health care systems. Health services research is also aided by initiatives in the field of artificial intelligence for the development of systems of health assessment that are clinically useful, timely, sensitive to change, culturally sensitive, low-burden, low-cost, built into standard procedures, and involve the patient.[31]

Access to health care and financing

[edit]

Access to health care may vary across countries, communities, and individuals, influenced by social and economic conditions as well as health policies. Providing health care services means "the timely use of personal health services to achieve the best possible health outcomes".[3] Factors to consider in terms of health care access include financial limitations (such as insurance coverage), geographical and logistical barriers (such as additional transportation costs and the ability to take paid time off work to use such services), sociocultural expectations, and personal limitations (lack of ability to communicate with health care providers, poor health literacy, low income).[4] Lower cost-effectiveness thresholds can make make health care more affordable by avoiding the least cost-effective procedures.[32]

Financing

[edit]
See also: Health economics, Health spending as percent of gross domestic product (GDP) by country, List of countries by total health expenditure per capita, Universal health care, and Health equity

There are generally five primary methods of funding health care systems:[33]

  1. General taxation to the state, county or municipality
  2. Social health insurance
  3. Voluntary or private health insurance
  4. Out-of-pocket payments
  5. Donations to health charities
Life expectancy vs healthcare spending of rich OECD countries. US average of $10,447 in 2018.[34]

In most countries, there is a mix of all five models, but this varies across countries and over time within countries. Aside from financing mechanisms, an important question should always be how much to spend on health care. For the purposes of comparison, this is often expressed as the percentage of GDP spent on health care. In OECD countries for every extra $1000 spent on health care, life expectancy falls by 0.4 years.[35] A similar correlation is seen from the analysis carried out each year by Bloomberg.[36] Clearly this kind of analysis is flawed in that life expectancy is only one measure of a health system's performance, but equally, the notion that more funding is better is not supported.[citation needed]

In the United States, the healthcare industry accounts for 18% of gross domestic product in 2020 and is one of the largest and most complex parts of the U.S. economy.[37] In 2011, the health care industry consumed an average of 9.3 percent of the GDP or US$ 3,322 (PPP-adjusted) per capita across the 34 members of OECD countries. The US (17.7%, or US$ PPP 8,508), the Netherlands (11.9%, 5,099), France (11.6%, 4,118), Germany (11.3%, 4,495), Canada (11.2%, 5669), and Switzerland (11%, 5,634) were the top spenders, however life expectancy in total population at birth was highest in Switzerland (82.8 years), Japan and Italy (82.7), Spain and Iceland (82.4), France (82.2) and Australia (82.0), while OECD's average exceeds 80 years for the first time ever in 2011: 80.1 years, a gain of 10 years since 1970. The US (78.7 years) ranges only on place 26 among the 34 OECD member countries, but has the highest costs by far. All OECD countries have achieved universal (or almost universal) health coverage, except the US and Mexico.[38][39] (see also international comparisons.)

In the United States, where around 18% of GDP is spent on health care,[36] the Commonwealth Fund analysis of spend and quality shows a clear correlation between worse quality and higher spending.[40]

Expand the OECD charts below to see the breakdown:

  • "Government/compulsory": Government spending and compulsory health insurance.
  • "Voluntary": Voluntary health insurance and private funds such as households' out-of-pocket payments, NGOs and private corporations.
  • They are represented by columns starting at zero. They are not stacked. The 2 are combined to get the total.
  • At the source you can run your cursor over the columns to get the year and the total for that country.[41]
  • Click the table tab at the source to get 3 lists (one after another) of amounts by country: "Total", "Government/compulsory", and "Voluntary".[41]
Health spending by country. Percent of GDP (Gross domestic product). For example: 11.2% for Canada in 2022. 16.6% for the United States in 2022.[41]
Total healthcare cost per person. Public and private spending. US dollars PPP. For example: $6,319 for Canada in 2022. $12,555 for the US in 2022.[41]

Administration and regulation

[edit]
See also: Health professional requisites

The management and administration of health care is vital to the delivery of health care services. In particular, the practice of health professionals and the operation of health care institutions is typically regulated by national or state/provincial authorities through appropriate regulatory bodies for purposes of quality assurance.[42] Most countries have credentialing staff in regulatory boards or health departments who document the certification or licensing of health workers and their work history.[43]

Health information technology

[edit]
Further information: Health information technology, Health information management, Health informatics, eHealth, and Health technology

Health information technology (HIT) is "the application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decision making."[44]

Health information technology components:

  • Electronic health record (EHR) – An EHR contains a patient's comprehensive medical history, and may include records from multiple providers.[45]
  • Electronic Medical Record (EMR) – An EMR contains the standard medical and clinical data gathered in one's provider's office.[45]
  • Health information exchange (HIE) – Health Information Exchange allows health care professionals and patients to appropriately access and securely share a patient's vital medical information electronically.[46]
  • Medical practice management software (MPM) – is designed to streamline the day-to-day tasks of operating a medical facility. Also known as practice management software or practice management system (PMS).[citation needed]
  • Personal health record (PHR) – A PHR is a patient's medical history that is maintained privately, for personal use.[47]

See also

[edit]

References

[edit]
  1. ^ "Hospital beds per 1,000 people". Our World in Data. Archived from the original on 12 April 2020. Retrieved 7 March 2020.
  2. ^ "Governor Hochul, Mayor Adams Announce Plan for SPARC Kips Bay, First-of-Its-Kind Job and Education Hub for Health and Life Sciences Innovation". State of New York. 13 October 2022. Archived from the original on 1 November 2022. Retrieved 13 October 2022.
  3. ^ a b Institute of Medicine (US) Committee on Monitoring Access to Personal Health Care Services, Millman M (1993). Access to Health Care in America. The National Academies Press, US National Academies of Science, Engineering and Medicine. doi:10.17226/2009. ISBN 978-0-309-04742-5. PMID 25144064. Archived from the original on 11 February 2021. Retrieved 14 June 2019.
  4. ^ a b "Healthcare Access in Rural Communities Introduction". Rural Health Information Hub. 2019. Archived from the original on 11 February 2021. Retrieved 14 June 2019.
  5. ^ "Health Topics: Health Systems". www.who.int. World Health Organization. Archived from the original on 18 July 2019. Retrieved 24 November 2013.
  6. ^ World Health Organization. Anniversary of smallpox eradication. Geneva, 18 June 2010.
  7. ^ United States Department of Labor. Employment and Training Administration: Health care Archived 2012-01-29 at the Wayback Machine. Retrieved June 24, 2011.
  8. ^ "June 2014". Magazine. Archived from the original on 22 December 2020. Retrieved 9 March 2019.
  9. ^ "Primary care". World Health Organization. Retrieved 21 June 2024.
  10. ^ World Health Organization. International Classification of Primary Care, Second edition (ICPC-2). Archived 2020-12-22 at the Wayback Machine Geneva. Accessed 24 June 2011.
  11. ^ St Sauver JL, Warner DO, Yawn BP, et al. (January 2013). "Why patients visit their doctors: assessing the most prevalent conditions in a defined American population". Mayo Clin. Proc. 88 (1): 56–67. doi:10.1016/j.mayocp.2012.08.020. PMC 3564521. PMID 23274019.
  12. ^ World Health Organization. Aging and life course: Our aging world. Archived 2019-06-11 at the Wayback Machine Geneva. Accessed 24 June 2011.
  13. ^ Simmons J. Primary Care Needs New Innovations to Meet Growing Demands. Archived 2011-07-11 at the Wayback Machine HealthLeaders Media, May 27, 2009.
  14. ^ "100 of the largest hospitals and health systems in America" Archived 2 June 2022 at the Wayback Machine, Becker's Hospital Review
  15. ^ "Health Care System". the Free Medical Dictionary. Archived from the original on 5 February 2021. Retrieved 21 December 2020.
  16. ^ "Secondary Care". MS Trust. Archived from the original on 5 February 2021. Retrieved 22 December 2020.
  17. ^ "Difference between primary, secondary and tertiary health care". EInsure. 24 January 2017. Archived from the original on 6 May 2021. Retrieved 21 December 2020.
  18. ^ Johns Hopkins Medicine. Patient Care: Tertiary Care Definition. Archived 2017-07-11 at the Wayback Machine Accessed 27 June 2011.
  19. ^ a b Emory University. School of Medicine. Archived 2011-04-23 at the Wayback Machine Accessed 27 June 2011.
  20. ^ Alberta Physician Link. Levels of Care. Archived 2014-06-14 at the Wayback Machine Retrieved 26 August 2014.
  21. ^ Christensen L, Grönvall E (2011). "ECSCW 2011: Proceedings of the 12th European Conference on Computer Supported Cooperative Work, 24–28 September 2011, Aarhus Denmark". In S. Bødker, N. O. Bouvin, W. Letters, V. Wulf, L. Ciolfi (eds.). ECSCW 2011: Proceedings of the 12th European Conference on Computer Supported Cooperative Work, 24–28 September 2011, Aarhus Denmark. London: Springer. pp. 61–80. doi:10.1007/978-0-85729-913-0_4. ISBN 978-0-85729-912-3.
  22. ^ Porter E (29 August 2017). "Home Health Care: Shouldn't It Be Work Worth Doing?". The New York Times. ISSN 0362-4331. Archived from the original on 22 December 2020. Retrieved 29 November 2017.
  23. ^ Sanyaolu A, Okorie C, Qi X, Locke J, Rehman S (January 2019). "Childhood and Adolescent Obesity in the United States: A Public Health Concern". Global Pediatric Health. 6: 2333794X1989130. doi:10.1177/2333794X19891305. ISSN 2333-794X. PMC 6887808. PMID 31832491.
  24. ^ Dorothy Kamaker (21 September 2015). "Patient advocacy services ensure optimum health outcomes". Archived from the original on 20 December 2017. Retrieved 26 September 2015.
  25. ^ a b "The Pharmaceutical Industry in Figures" (pdf). European Federation of Pharmaceutical Industries and Associations. 2007. Archived from the original on 22 December 2020. Retrieved 15 February 2010.
  26. ^ 2008 Annual Report. Pharmaceutical Research and Manufacturers of America. 2008.
  27. ^ "Europe's competitiveness". European Federation of Pharmaceutical Industries and Associations. Archived from the original on 23 August 2009. Retrieved 15 February 2010.
  28. ^ Domecq JP, Prutsky G, Elraiyah T, Wang Z, Nabhan M, Shippee N, Brito JP, Boehmer K, Hasan R, Firwana B, Erwin P (26 February 2014). "Patient engagement in research: a systematic review". BMC Health Services Research. 14 (1): 89. doi:10.1186/1472-6963-14-89. ISSN 1472-6963. PMC 3938901. PMID 24568690.
  29. ^ Bond J., Bond S. (1994). Sociology and Health Care. Churchill Livingstone. ISBN 978-0-443-04059-7.
  30. ^ Erik Cambria, Tim Benson, Chris Eckl, Amir Hussain (2012). "Sentic PROMs: Application of Sentic Computing to the Development of a Novel Unified Framework for Measuring Health-Care Quality". Expert Systems with Applications, Elsevier. Vol. 39. pp. 10533–10543. doi:10.1016/j.eswa.2012.02.120.
  31. ^ Vanness DJ, Lomas J, Ahn H (2021). "A Health Opportunity Cost Threshold for Cost-Effectiveness Analysis in the United States" (PDF). Annals of Internal Medicine. 174 (1): 25–32. doi:10.7326/M20-1392. ISSN 0003-4819. PMID 33136426. Retrieved 8 June 2025.
  32. ^ World Health Organization. "Regional Overview of Social Health Insurance in South-East Asia.' Archived 2012-09-03 at the Wayback Machine Retrieved December 02, 2014.
  33. ^ Link between health spending and life expectancy: US is an outlier Archived 11 March 2022 at the Wayback Machine. May 26, 2017. By Max Roser at Our World in Data. Click the sources tab under the chart for info on the countries, healthcare expenditures, and data sources. See the later version of the chart here Archived 5 March 2022 at the Wayback Machine.
  34. ^ "Improve operational efficiency in healthcare with RPA". NuAIg. 2 March 2021. Archived from the original on 27 May 2021. Retrieved 27 May 2021.
  35. ^ a b "These Are the Economies With the Most (and Least) Efficient Health Care". BloombergQuint. 19 September 2018. Archived from the original on 22 December 2020. Retrieved 14 January 2019.
  36. ^ "Healthcare Sector: Industries Defined and Key Statistics". 21 October 2021. pp. 5, 39, 46, 48. (link). Retrieved 30 November 2013.
  37. ^ "Health at a Glance 2013 – OECD Indicators" (PDF). OECD. 21 November 2013. pp. 5, 39, 46, 48. (link). Archived (PDF) from the original on 12 April 2019. Retrieved 24 November 2013.
  38. ^ "OECD.StatExtracts, Health, Health Status, Life expectancy, Total population at birth, 2011" (online statistics). stats.oecd.org/. OECD's iLibrary. 2013. Archived from the original on 2 April 2019. Retrieved 24 November 2013.
  39. ^ Commonwealth Fund (2018). "Health Care Quality-Spending Interactive | Commonwealth Fund". commonwealthfund.org. doi:10.26099/bf4n-8j57. Archived from the original on 22 December 2020. Retrieved 14 January 2019.
  40. ^ a b c d OECD Data. Health resources - Health spending Archived 12 April 2020 at the Wayback Machine. doi:10.1787/8643de7e-en. 2 bar charts: For both: From bottom menus: Countries menu > choose OECD. Check box for "latest data available". Perspectives menu > Check box to "compare variables". Then check the boxes for government/compulsory, voluntary, and total. Click top tab for chart (bar chart). For GDP chart choose "% of GDP" from bottom menu. For per capita chart choose "US dollars/per capita". Click fullscreen button above chart. Click "print screen" key. Click top tab for table, to see data.
  41. ^ "Quality and accreditation in health care services" (PDF). Geneva: World Health Organization. Archived from the original (PDF) on 22 December 2020.
  42. ^ Tulenko et al., "Framework and measurement issues for monitoring entry into the health workforce." Handbook on monitoring and evaluation of human resources for health. Geneva, World Health Organization, 2012.
  43. ^ "Health information technology — HIT". HealthIT.gov. Archived from the original on 22 December 2020. Retrieved 5 August 2014.
  44. ^ a b "Definition and Benefits of Electronic Medical Records (EMR) | Providers & Professionals | HealthIT.gov". www.healthit.gov. Archived from the original on 9 September 2017. Retrieved 27 November 2017.
  45. ^ "Official Information about Health Information Exchange (HIE) | Providers & Professionals | HealthIT.gov". www.healthit.gov. Archived from the original on 22 December 2020. Retrieved 27 November 2017.
  46. ^ "What is a personal health record? | FAQs | Providers & Professionals | HealthIT.gov". www.healthit.gov. Archived from the original on 22 December 2020. Retrieved 27 November 2017.
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