A tort is a wrongful act that results in injury to one person by another. Medical assistants who commit a negligent act that may result in a law suit. If proven that the injury resulted from the medical assistant or doctor not meeting the standard of care, then a lawsuit is a possibility. However a medical assistant or doctor commits a wrongful act and the patient suffers no injury or harm, and then no legal action can be taken. If a medical assistant fails to report to the doctor a negative result on a blood test that causes the doctor to miss an early diagnosis of a disease, the assistant’s omission of an act has caused a breach in the standard of care.
There are two major classifications of a tort, intentional and negligent. Intentional torts are deliberate acts of violation of another’s rights. Negligent torts are not deliberate and are the result of omission and commission of an act. Malpractice is when a professional either fails to act in a reasonable and prudent manner and caused harm to the patient or did what a reasonable person would not have done and caused harm to a patient.
There are two Latin terms that can be used to describe aspects of negligence. These are known as doctrines. Res ipsa loquitur, or “the thing speaks for itself”, is the term used in cases that involve situations when a nick is made in the bladder while a surgeon is performing a hysterectomy. The negligence is obvious. The other doctrine, respondent superior, “let the master answer, “expresses that physicians are responsible for their employees’ actions. If a medical assistant violated the standard of care, therein lays the basis for a suit of medical malpractice. If the medical assistant used the incorrect solution to clean a patient’s wound and the patient sustained injuries to the wound, the doctor who is considered the employer can be sued under the doctrine of respondent superior because he/she is responsible for the acts of their