Malpractice and Negligence Overview

Malpractice and Negligence

• Malpractice claims are lawsuits filed by patients against medical practitioners due to errors in diagnosis or treatment.
• Negligence cases arise when a person believes a medical professional failed to perform a necessary action correctly or performed an action improperly, harming the patient.

Classifications of Negligence Cases

• Malfeasance: An unlawful act or misconduct.
• Misfeasance: A lawful act performed improperly.
• Nonfeasance: A failure to perform a required duty.

Malfeasance Examples

• Intentional wrongful or illegal acts, particularly when a duty to act appropriately exists.
• Includes acts prohibited by law, or actions that should not be performed.
• Example: A radiologic technologist intentionally altering medical imaging records to conceal a mistake during a procedure. This could lead to incorrect diagnoses and treatment plans.

Misfeasance Examples

• Improper or incorrect performance of a lawful act.
• Negligence in performing a duty, not intentional wrongdoing.
• Example: A technologist setting incorrect parameters on an MRI machine leading to poor-quality images, hindering accurate interpretation by the radiologist, possibly delaying diagnosis and treatment.

Nonfeasance Examples

• Failure to act when there's a duty to do so.
• Involves inaction despite a responsibility to take action.
• Example: A radiology technician failing to report necessary maintenance on a CT scanner, which later malfunctions during a critical procedure, potentially compromising patient care.

Crime

• An act committed or omitted in violation of law.

Crimes Against Persons

• Homicide: The act of one person killing another.
  • Criminal homicide is unlawful and punishable by law.
  • Non-criminal homicide refers to lawful killings, like justifiable cases.
• Murder: Intentional killing with "malice aforethought." This involves a premeditated intent or a reckless disregard for human life.
  • First-degree murder: Planned or premeditated.
  • Second-degree murder: Non-premeditated killing.
• Parricide: Killing a parent (father or mother).
• Matricide: Killing a mother.
• Infanticide: Killing a child less than 3 days old.

Crimes Against Property

• Robbery: Unlawful taking of another person's property.
• Arson: Intentional burning of another person's house.
• Sabotage: Intentional damage to the property of the employer by the employee.

Crimes Against Chastity

• Rape: Forcible sexual intercourse without consent.
• Adultery: Sexual intercourse by a married woman with a man other than her husband.
• Concubinage: Cohabitation of a married man with a woman other than his wife.

Crimes Against Public Interest

• Forgery: Altering a written document for deceit.
• Perjury: Telling a lie under oath.

Crimes Connected with Public Office

• Graft: Dishonest transaction in public office, often involving the exploitation of one's role to obtain personal gain.
  • Example: A hospital administrator in charge of purchasing radiology equipment taking a "kickback" (personal benefit) in exchange for an overpriced contract with a supplier.
• Bribery: Receiving money or gifts in connection with official duties as a means to influence actions of an individual in a position of authority.
  • Example: A radiology equipment vendor offering a cash or expensive gifts to the head of the radiology department to choose their company's MRI machines despite other companies offering better prices.
• Corruption: Giving money or gifts in connection with the performance of duties and involving the abuse of power for personal gain.
  • Example: A hospital official hiring only family members or close friends as radiologic technologists, regardless of qualifications. This results in favoritism and undermines the department's performance and fosters an unethical workplace culture.