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- Failure to use care or act in a certain way that a reasonably prudent and careful person would under similar circumstances.

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- A type of negligence in which a party is responsible for the care or treatment of an individual either acts or fails to act, resulting in damages, injuries, and/or direct losses to the individual.
- Medical malpractice occurs when the bond of trust between a healthcare professional and the patient.

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Name the three types of feasance, or dereliction of duty. What are the differences between them? Can you describe them?

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Name the three types of feasance, or dereliction of duty. What are the differences between them? Can you describe them?

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Categories of Derelictions or Breaches:
1. Malfeasance=an intentional action or performance of an illegal or wrongful act. Example: Working outside scope of practice.
2. Nonfeasance=failure to perform an action that should have been taken. Example: Not asking about known allergies resulting in severe allergic reaction from treatment.
3. Misfeasance=poor performance of an action that results in damage. Example: Failing to properly sterilize surgical equipment causing a bacterial infection in a patient.

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Tort Law: The Rules of Medical Malpractice

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-The failure to use such care as a reasonable prudent and careful person would use under similar circumstances.
-This is the most common unintentional tort in medical imaging leading to malpractice.
-Examples: Failure to obtain consent before a procedure, amputating wrong foot

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Comparative negligence is where the defendant still seeks to show that the action or inaction of the plaintiff was a contributing factor in the damages that he or she incurred. Instead of proving no liability to the injury, the defendant seeks to reduce the compensation to the injured party. In both instances, the plaintiffs negligence must be proved by the defendant. An example is say that Dan is making a left turn and hits Ann, who is driving over the speed limit. Ann sustains injuries and sues Dan for negligence. Under a comparative negligence system, Dan may be found 80% at fault for failing to make a safe left turn, and Ann may be found to be 20% at fault for speeding.

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The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; it results in harm

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- A civil wrong other than a breach of contract.
- Involves harm against a person, property, reputation, and for which the injured party is entered to compensation
- All torts can be crimes; but not all crimes can be torts
- Common examples include: assault, battery, damage to personal property, and physical/emotional harm.