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Legal Comment, Part I: Basics of Liability Law

Published online by Cambridge University Press:  21 June 2016

William W. Hesson Sr.  and
Cynthia W. Thu
William W. Hesson Sr.*
Affiliation:
University of Iowa Hospitals and Climes, Iowa City, Iowa
Cynthia W. Thu
Affiliation:
University of Iowa Hospitals and Climes, Iowa City, Iowa
*
University of Iowa Hospitals and Clinics, Iowa City, IA 52242
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Extract

This article, the first in a series that will explore the legal implications of hospital infection control, outlines the basic legal principles applicable to infection control. Future articles will discuss the issue of confidentiality and apply general principles to the specific issues surrounding AIDS.

In order to succeed in a medical malpractice action, the plaintiff must demonstrate by a preponderance of the evidence that: (1) the defendant(s) had a duty to act in a particular manner; (2) the defendant(s) negligently breached that duty; (3) the plaintiff suffered some “harm” or injury; and (4) the harm suffered by the plaintiff was causally related to the breach of duty.'

Physicians and hospitals have a duty, once a patient care provider relationship has been created, to provide care to the best of their skill, training, and experience.' A significant aspect of that duty for hospitals is the creation and maintenance of an environment that is safe from unnecessary risk of infection or harm.

Type
Special Section
Information
Infection Control & Hospital Epidemiology , Volume 9 , Issue 3 , March 1988 , pp. 127 - 129
Copyright
Copyright © The Society for Healthcare Epidemiology of America 1988

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References

1. Prosser, W: Handbook of the Law of Torts, ed 4. St. Paul, Minn, West Publishing, 1984. § 143.Google Scholar
2. McPherson Ellis. 305 NC 266. 287 SE 2d 892 (1982).10.1016/S0007-1536(82)80014-4CrossRefGoogle Scholar
3. See. Iowa Administrative Code Chapter 470, §51.23.Google Scholar
4. See also. Iowa Code Chapter 135B.Google Scholar
3. Joint Commission on Accreditation of Hospitals: Accreditation Manual for Hospitals. Chicago. Joint Commission on Accreditation of Hospitals, 1987.Google Scholar
6. Fed R Evid, 702: Payton v Abbott Labs. 780 F2d 147 (Mass 1985).Google Scholar
7. Ia R Evid. 803(18).Google Scholar
8. Denny v Siegel, 276 K Suppl 281 (ED Pa 1967).Google Scholar
9 Shepherd v McGinnis, 257 Ia 35. 131 NW 2d 475 (1964).10.1080/00325481.1964.11695004CrossRefGoogle Scholar