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

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

NegligenceClaim

Evaluating Lawyer's Track Record and Success Rate


When you're faced with the daunting task of hiring a medical malpractice lawyer in Long Island, NY, understanding the importance of a lawyers track record and success rate cannot be overstated. After all, youre not just choosing a lawyer; youre selecting an advocate who will fight for your rights and seek justice on your behalf.


Evaluating a lawyers track record involves looking closely at their history of handling medical malpractice cases. What youre really looking for is not just the number of cases they've handled, but more importantly, the outcomes of these cases. Has the lawyer managed to secure favorable verdicts and settlements for their clients? This information isn't always readily available on their websites, so it might require (a bit of) direct communication or asking for references.


The success rate, similarly, is a critical indicator. It tells you how often the lawyer has succeeded in their cases compared to how many they've taken on. However, its essential to understand that a high success rate doesn't always tell the full story. For example, some lawyers might only take on cases they are sure to win, potentially passing on more challenging cases that might have still benefited the client.


Another aspect to consider is the nature of the successes. Has the lawyer been successful in obtaining substantial settlements or verdicts that truly compensate for the damages and suffering of their clients? It's one thing to win a case; it's another to win a case that significantly aids the clients recovery and future.


When you're in the process of evaluating (lawyers), don't hesitate to ask them about specific cases they have handled (especially those similar to yours). How they articulate their strategies and results can give you a deeper insight into their expertise and approach to medical malpractice claims.


Also, consider the lawyer's reputation in the community and among peers. A respected lawyer is likely to have a solid track record and a strong ethical standing, both of which are indispensable in the complex realm of medical malpractice law.


Remember, choosing the right lawyer can make a significant difference in your case. A lawyer's past success is often a reliable indicator of future performance, but it should be viewed in conjunction with other factors like expertise, ethical standards, and personal compatibility.


Finding the best medical malpractice lawyer in Long Island might seem like a huge challenge, but with the right information and a bit of diligence, you can make an informed decision that maximizes your chances of a successful outcome in your case. Don't settle for less than you deserve!

Understanding Fee Structures and Costs


When youre on the hunt for the best medical malpractice lawyer in Long Island, NY, one key aspect you should never overlook is understanding the fee structures and costs involved. This might seem daunting at first, but getting a clear picture of how things work financially can save you a lot of headaches (and surprises!) down the road.


Most medical malpractice lawyers in Long Island operate on a contingency fee basis. This means, they only get paid if you win your case. The typical fee is a percentage of the settlement or award, usually ranging between 30% to 40%. While this might sound straightforward, its crucial to confirm exactly what this percentage covers. Some lawyers might charge a lower percentage, but then add on fees for things like court costs, document fees, and even the cost of hiring expert witnesses. These can add up quickly!


Before signing with a lawyer, make sure to ask for a detailed breakdown of all potential costs. Its also a good idea to check if there are any upfront costs or retainers required. Some lawyers might require you to pay for certain expenses as the case progresses, which can impact your financial situation significantly if the case drags on.


Another point to consider is what happens if you lose the case.

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  1. Claim
  2. Specialist
  3. JusticeSeek
  4. BirthInjury
  5. PainSuffering
  6. Prescription
Typically, in a contingency fee arrangement, you shouldnt owe any attorney fees if you dont win. However, you might still be on the hook for other costs associated with your case. Make sure to clarify this with your lawyer, so there are no surprises!


It's also wise to compare the fee structures of different lawyers.

Witness

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  2. Affidavit
  3. SettlementValue
  4. Review
  5. Procedure
  6. Discovery
Dont just settle for the first lawyer you meet! What Is the Secret to Hiring the Best Medical Malpractice Lawyer in Long Island, NY? Discover Professional Legal Guidance Today! . Sometimes, a more experienced lawyer might charge a higher fee but could offer a better chance of success due to their expertise and resources. Weigh the costs against the potential benefits.


Remember, the right lawyer will be transparent about their fees and explain everything clearly to you. They should make you feel comfortable with all aspects of your case, including the financials! Dont be afraid to ask hard questions - after all, this is about your rights and your future.


Finding the right medical malpractice lawyer in Long Island can indeed feel like a secret mission, but with the right knowledge and questions, you can uncover trusted legal guidance that fits your needs (and budget!). Good luck!

Checking Client Testimonials and Reviews


When looking to hire the best medical malpractice lawyer in Long Island, NY, one secret weapon shouldnt be overlooked: checking client testimonials and reviews! This simple step can provide deep insights into the lawyers expertise, communication style, and success in handling similar cases.


Firstly, testimonials and reviews can serve as a window into the real experiences of previous clients. They reflect not just the outcomes, but also how the lawyer managed the process. Did they communicate effectively? Were they compassionate and understanding of their clients situations? These are crucial elements, especially in sensitive cases like medical malpractice.


However, its important to approach this task with a critical eye.

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  1. NegligenceClaim
  2. Damages
  3. Witness
  4. Statute
  5. Closing
Sometimes, reviews can be biased or might not tell the whole story. Its advisable to read through a wide range of opinions and see if theres a consistent pattern that indicates reliability and professionalism.


Another aspect to consider is how the lawyer responds to both positive and negative feedback. A professional who addresses concerns and criticisms openly and constructively is likely someone who values client input and is committed to improving their services. This trait is particularly valuable in the legal field, where adaptability and responsiveness can significantly impact a cases outcome.


Moreover, while online reviews are accessible and convenient, they should not be the sole factor in your decision-making process. Pair this information with other research, such as checking the lawyer's credentials (like their bar status and any special certifications), discussing your case with them directly, and consulting other professionals in the field.


Keep in mind, every review is a personal story, and what worked for one client may not suit another's unique needs. Therefore, use the testimonials to gather insights but follow up with a personal consultation to ensure the fit is right for your specific circumstances.


In conclusion, when youre on the quest to find the best medical malpractice lawyer in Long Island, NY, taking the time to check client testimonials and reviews is a step you shouldnt skip. It provides a valuable perspective that can help you make a more informed choice, ensuring that you find a lawyer who not only has the technical skills but also the right approach to effectively handle your case.

Scheduling Initial Consultations to Find the Right Fit


When it comes to finding the best medical malpractice lawyer in Long Island, NY, the process can seem daunting. However, the secret to hiring the most competent lawyer lies in scheduling initial consultations to really find the right fit for your specific case.


The first step in this journey is to do a thorough research. Look into lawyers who specialize in medical malpractice; check their credentials, and read reviews from past clients (this can provide invaluable insights). Once youve shortlisted a few potential lawyers, the next crucial step is scheduling initial consultations.


Why are these initial consultations so important, you ask? Well, they offer a unique opportunity to meet the lawyer face-to-face (or virtually, if preferable). During these meetings, you can discuss your case in detail. Its a chance to ask all the pressing questions you might have: What is their experience with cases similar to yours? What were the outcomes? How do they communicate and keep clients informed?


Its also during these consultations that you can gauge whether the lawyers personality and approach align with your expectations. Remember, the relationship between a lawyer and their client is pivotal. Damages Its built on trust and communication. If there's a disconnect in these early stages, it might be a sign to continue your search elsewhere.


Theres also the matter of discussing fees upfront to avoid any surprises later on. Most reputable lawyers will be transparent about their fee structures, which typically might include contingency fees (where they only get paid if you win the case).


Remember, the goal of these initial consultations isn't just about finding a lawyer who can take your case, but finding one who you can trust to handle it with the utmost care and professionalism. Take your time, dont rush this process! Patience here can really pay off in the long run.


In conclusion, the secret to hiring the best medical malpractice lawyer in Long Island lies in these initial consultations. They are your best tool for assessing competency, compatibility, and commitment before making your final decision. So, make the most of these opportunities to ensure that you get the legal guidance you truly deserve. Finding the right lawyer might take some effort, but its worth it to ensure justice is served in your case.

Long Island Medical Malpractice Lawyer

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Citations and other links

 

A crabeater seal injured by a predator

Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants.

Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with blunt objects, by heat or cold, or by venoms and biotoxins. Injury prompts an inflammatory response in many taxa of animals; this prompts wound healing. In both plants and animals, substances are often released to help to occlude the wound, limiting loss of fluids and the entry of pathogens such as bacteria. Many organisms secrete antimicrobial chemicals which limit wound infection; in addition, animals have a variety of immune responses for the same purpose. Both plants and animals have regrowth mechanisms which may result in complete or partial healing over the injury. Cells too can repair damage to a certain degree.

Taxonomic range

[edit]

Animals

[edit]
A female sand lizard that has shed its tail when attacked by a predator, and has started to regrow a tail from the site of the injury

Injury in animals is sometimes defined as mechanical damage to anatomical structure,[1] but it has a wider connotation of physical damage with any cause, including drowning, burns, and poisoning.[2] Such damage may result from attempted predation, territorial fights, falls, and abiotic factors.[2]

Injury prompts an inflammatory response in animals of many different phyla;[3] this prompts coagulation of the blood or body fluid,[4] followed by wound healing, which may be rapid, as in the cnidaria.[3] Arthropods are able to repair injuries to the cuticle that forms their exoskeleton to some extent.[5]

Animals in several phyla, including annelids, arthropods, cnidaria, molluscs, nematodes, and vertebrates are able to produce antimicrobial peptides to fight off infection following an injury.[1]

Humans

[edit]
Injuries to humans elicit an elaborate response including emergency medicine, trauma surgery (illustrated), and pain management.

Injury in humans has been studied extensively for its importance in medicine. Much of medical practice, including emergency medicine and pain management, is dedicated to the treatment of injuries.[6][7] The World Health Organization has developed a classification of injuries in humans by categories including mechanism, objects/substances producing injury, place of occurrence, activity when injured and the role of human intent.[8] In addition to physical harm, injuries can cause psychological harm, including post-traumatic stress disorder.[9]

Plants

[edit]
Oak tree split by lightning, an abiotic cause of injury.

In plants, injuries result from the eating of plant parts by herbivorous animals including insects and mammals,[10] from damage to tissues by plant pathogens such as bacteria and fungi, which may gain entry after herbivore damage or in other ways,[11] and from abiotic factors such as heat,[12] freezing,[13] flooding,[14] lightning,[15] and pollutants[16] such as ozone.[17] Plants respond to injury by signalling that damage has occurred,[18] by secreting materials to seal off the damaged area,[19] by producing antimicrobial chemicals,[20][21] and in woody plants by regrowing over wounds.[22][23][24]

Cell injury

[edit]

Cell injury is a variety of changes of stress that a cell suffers due to external as well as internal environmental changes. Amongst other causes, this can be due to physical, chemical, infectious, biological, nutritional or immunological factors. Cell damage can be reversible or irreversible. Depending on the extent of injury, the cellular response may be adaptive and where possible, homeostasis is restored.[25] Cell death occurs when the severity of the injury exceeds the cell's ability to repair itself.[26] Cell death is relative to both the length of exposure to a harmful stimulus and the severity of the damage caused.[25]

References

[edit]
 
  1. ^ a b Rennolds, Corey W.; Bely, Alexandra E. (29 September 2022). "Integrative biology of injury in animals". Biological Reviews. 98 (1): 34–62. doi:10.1111/brv.12894. ISSN 1464-7931. PMC 10087827. PMID 36176189.
  2. ^ a b de Ramirez, Sarah Stewart; Hyder, Adnan A.; Herbert, Hadley K.; Stevens, Kent (2012). "Unintentional injuries: magnitude, prevention, and control". Annual Review of Public Health. 33: 175–191. doi:10.1146/annurev-publhealth-031811-124558. ISSN 1545-2093. PMID 22224893.
  3. ^ a b Sparks, Albert (1972). Invertebrate Pathology Noncommunicable Diseases. Academic Press. pp. 20, 133. ISBN 978-0-323-15196-2.
  4. ^ Cerenius, Lage; Söderhäll, Kenneth (6 November 2010). "Coagulation in Invertebrates". Journal of Innate Immunity. 3 (1): 3–8. doi:10.1159/000322066. ISSN 1662-811X. PMID 21051883. S2CID 20798250.
  5. ^ Parle, Eoin; Dirks, Jan-Henning; Taylor, David (2016). "Bridging the gap: wound healing in insects restores mechanical strength by targeted cuticle deposition". Journal of the Royal Society Interface. 13 (117) 20150984. doi:10.1098/rsif.2015.0984. ISSN 1742-5689. PMC 4874426. PMID 27053653.
  6. ^ Maerz, Linda L.; Davis, Kimberly A.; Rosenbaum, Stanley H. (2009). "Trauma". International Anesthesiology Clinics. 47 (1): 25–36. doi:10.1097/AIA.0b013e3181950030. ISSN 1537-1913. PMID 19131750. S2CID 220567282.
  7. ^ Ahmadi, Alireza; Bazargan-Hejazi, Shahrzad; Heidari Zadie, Zahra; et al. (2016). "Pain management in trauma: A review study". Journal of Injury and Violence Research. 8 (2): 89–98. doi:10.5249/jivr.v8i2.707. ISSN 2008-4072. PMC 4967367. PMID 27414816.
  8. ^ "International Classification of External Causes of Injury (ICECI)". World Health Organization. Archived from the original on 17 October 2004. Retrieved 22 September 2023.
  9. ^ Agarwal, Tulika Mehta; Muneer, Mohammed; Asim, Mohammad; et al. (2020). "Psychological trauma in different mechanisms of traumatic injury: A hospital-based cross-sectional study". PLOS ONE. 15 (11) e0242849. Bibcode:2020PLoSO..1542849A. doi:10.1371/journal.pone.0242849. ISSN 1932-6203. PMC 7703890. PMID 33253298.
  10. ^ Tarr, S. A. J. (1972). "Plant injury due to insects, mites, nematodes and other pests". Principles of Plant Pathology. London: Macmillan. pp. 126–137. doi:10.1007/978-1-349-00355-6_9. ISBN 978-1-349-00357-0.
  11. ^ Cappelli, Seraina Lisa; Koricheva, Julia (2 July 2021). "Interactions between mammalian grazers and plant pathogens: an elephant in the room?". New Phytologist. 232 (1). Wiley: 8–10. Bibcode:2021NewPh.232....8C. doi:10.1111/nph.17533. ISSN 0028-646X. PMID 34213785. S2CID 235708670.
  12. ^ Smillie, R.M.; Nott, R. (1979). "Heat Injury in Leaves of Alpine, Temperate and Tropical Plants". Functional Plant Biology. 6 (1). CSIRO Publishing: 135. doi:10.1071/pp9790135. ISSN 1445-4408.
  13. ^ Burke, M. J.; Gusta, L. V.; Quamme, H. A.; Weiser, C. J.; Li, P. H. (1976). "Freezing and Injury in Plants". Annual Review of Plant Physiology. 27 (1). Annual Reviews: 507–528. doi:10.1146/annurev.pp.27.060176.002451. ISSN 0066-4294.
  14. ^ Kramer, Paul J. (1 October 1951). "Causes of Injury to Plants Resulting from Flooding of the Soil". Plant Physiology. 26 (4). Oxford University Press: 722–736. doi:10.1104/pp.26.4.722. ISSN 0032-0889. PMC 437542. PMID 16654407.
  15. ^ Nelson, Scot C. (July 2008). "Lightning Injury to Plants" (PDF). Plant Disease (PD-40).
  16. ^ Heath, R. L. (1980). "Initial Events in Injury to Plants by Air Pollutants". Annual Review of Plant Physiology. 31 (1). Annual Reviews: 395–431. doi:10.1146/annurev.pp.31.060180.002143. ISSN 0066-4294.
  17. ^ Hill, A. C.; Pack, M. R.; Treshow, M. (1961). "Plant injury induced by ozone". Phytopathology. 51. OSTI 5518148.
  18. ^ Turlings, Ted C.; Tumlinson, James H. (1992). "Systemic release of chemical signals by herbivore-injured corn". Proceedings of the National Academy of Sciences. 89 (17): 8399–8402. Bibcode:1992PNAS...89.8399T. doi:10.1073/pnas.89.17.8399. PMC 49926. PMID 11607325.
  19. ^ Sun, Qiang; Rost, Thomas L.; Matthews, Mark A. (2008). "Wound-induced vascular occlusions in Vitis vinifera (Vitaceae): Tyloses in summer and gels in winter1". American Journal of Botany. 95 (12). Wiley: 1498–1505. doi:10.3732/ajb.0800061. ISSN 0002-9122. PMID 21628157.
  20. ^ Shigo, Alex L. (1985). "Compartmentalization of Decay in Trees". Scientific American. 252 (4): 96–103. Bibcode:1985SciAm.252d..96S. doi:10.1038/scientificamerican0485-96. hdl:2027/uva.x002416568. ISSN 0036-8733.
  21. ^ González-Lamothe, Rocío; Mitchell, Gabriel; Gattuso, Mariza; Diarra, Moussa; Malouin, François; Bouarab, Kamal (31 July 2009). "Plant Antimicrobial Agents and Their Effects on Plant and Human Pathogens". International Journal of Molecular Sciences. 10 (8). MDPI AG: 3400–3419. doi:10.3390/ijms10083400. ISSN 1422-0067. PMC 2812829. PMID 20111686.
  22. ^ Shigo, Alex L. (1985). "How tree branches are attached to trunks". Canadian Journal of Botany. 63 (8): 1391–1401. Bibcode:1985CaJB...63.1391S. doi:10.1139/b85-193.
  23. ^ O'Hara, Kevin L. (2007). "Pruning Wounds and Occlusion: A Long-Standing Conundrum in Forestry". Journal of Forestry. 105 (3): 131–138. doi:10.1093/jof/105.3.131. S2CID 10075580.
  24. ^ "Tree pruning guide". US Forest Service for the US Department of Agriculture. Archived from the original on 26 April 2007.
  25. ^ a b Wolf, Ronni; et al. (2011). Emergency Dermatology. Cambridge University Press. pp. 1–10. ISBN 978-0-521-71733-5.
  26. ^ Cobb, J. P.; et al. (1996). "Mechanisms of cell injury and death". British Journal of Anaesthesia. 77 (1): 3–10. doi:10.1093/bja/77.1.3. PMID 8703628.

 

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury.[1] To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.[2]

Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory,[3] at common law damages may instead be nominal, contemptuous or exemplary.[4]

History

[edit]

Among the Saxons, a monetary value called a weregild was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the weregild as restitution to the victim's family or to the owner of the property.

Proof of damages

[edit]

Proximate cause

[edit]

Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both.[5] Damages are likely to be limited to those reasonably foreseeable by the defendant. If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability.

This rule does not usually apply to intentional torts (for example, tort of deceit), and also has stunted applicability to the quantum in negligence where the maxim 'Intended consequences are never too remote' applies: 'never' is inaccurate here but resorts to unforeseeable direct and natural consequences of an act.

Expert testimony

[edit]

It may be useful for the lawyers, the plaintiff and/or the defendant to employ forensic accountants or someone trained in the relevant field of economics to give evidence on the value of the loss. In this case, they may be called upon to give opinion evidence as an expert witness.

Compensatory damages

[edit]

Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered by the claimant as a result of another's breach of duty that caused the loss.[6] For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach.[7] Compensatory damages can be classified as special damages and general damages.[8]

Quantum (measure) of damages

[edit]

Liability for payment of an award of damages is established when the claimant proves, on the balance of probabilities, that a defendant's wrongful act caused a tangible, harm, loss or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. No recovery is not an option. The court must then assess the amount of compensation attributable to the harmful acts of the defendant.[9] The amount of damages a plaintiff would recover is usually measured on a "loss of bargain" basis, also known as expectation loss,[10] or "economic loss". This concept reflects the difference between "the value of what has been received and its value as represented".[11]

Damages are usually assessed at the date of the wrongful act, but in England and Wales, Pelling J has observed that this is not the case if justice requires the assessment of damages to be calculated at some other date. In Murfin v Ford Campbell, an agreement had been entered into whereby company shares were exchanged for loan notes, which could only be redeemed if certain profit thresholds had been achieved in the relevant accounting years. As the thresholds were not met, the loan notes were not redeemable, but at the date of the advisors' breach of contract this could not be known, only the loan notes' face value could be known. The conclusion was that in this case valuation could not be done until after the profit performance became known. In his judgement Pelling also referred to the case of Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd, a case where continuing misrepresentation affected the appropriate date for damages to be assessed.[12]

Special damages

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Special damages compensate the claimant for the quantifiable monetary losses he has suffered.[13] For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on.[14] They are seen in both personal and commercial actions.

Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate damages)[15] and consequential or economic losses resulting from lost profits in a business.

Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place.[16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages. In cases where it is possible to frame a claim in either contract or tort, it is necessary to be aware of what gives the best outcome. If the transaction was a "good bargain", contract generally gives a better result for the claimant.

As an example, Neal agrees to sell Mary an antique Rolex watch for £100. In fact the watch is a fake and worth only £50. If it had been a genuine antique Rolex, it would have been worth £500. Neal is in breach of contract and could be sued. In contract, Mary is entitled to an item worth £500, but she has only one worth £50. Her damages are £450. Neal also induced Mary to enter into the contract through a misrepresentation (a tort). If Mary sues in tort, she is entitled to damages that put her back to the same financial position place she would have been in had the misrepresentation not been made. She would clearly not have entered into the contract knowing the watch was fake and is entitled to her £100 back. Thus her damages in tort are £100. (She would have to return the watch, or else her damages would be £50.)

If the transaction were a "bad bargain", tort gives a better result for the claimant. If in the above example, Mary had overpaid, paying £750 for the watch, her damages in the contract would still be £450 (giving her the item she contracted to buy), however, in tort damages are £750.

Incidental and consequential losses

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Special damages are sometimes divided into incidental damages, and consequential damages.

Incidental losses include the costs needed to remedy problems and put things right. The largest element is likely to be the reinstatement of property damage. Take for example a factory which was burnt down by the negligence of a contractor. The claimant would be entitled to the direct costs required to rebuild the factory and replace the damaged machinery.

The claimant may also be entitled to any consequential losses. These may include the lost profits that the claimant could have been expected to make in the period whilst the factory was closed and rebuilt.

Breach of contract duty - (ex contract)

[edit]

On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises (known as an "expectation measure" or "benefit-of-the-bargain" measure of damages). This rule, however, has attracted increasing scrutiny from Australian courts and legal commentators.[17][18][19] A judge arrives compensatory number by considering both the type of contract, and the loss incurred.[20]

When it is either not possible or not desirable to award the victim in that way, a court may award money damages designed to restore the injured party to the economic position they occupied at the time the contract was entered (known as the "reliance measure")[21][22] or designed to prevent the breaching party from being unjustly enriched ("restitution") (see below).

Parties may contract for liquidated damages to be paid upon a breach of the contract by one of the parties. Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages).[23] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Courts have ruled as excessive and invalidated damages which the parties contracted as liquidated, but which the court nonetheless found to be penal. To determine whether a clause is a liquidated damages clause or a penalty clause, it is necessary to consider:

  1. Whether the clause is 'extravagant, out of all proportion, exorbitant or unconscionable'[24]
  2. Whether there is a single sum stipulated for a number of different breaches, or individual sums for each breach[25]
  3. Whether a genuine pre-estimate of damage is ascertainable[25]

Breach of tort duty - (ex delicto)

[edit]

Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place. Damages in tort are quantified under two headings: general damages and special damages.

In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained (see below general damages for more details). In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss. The loss must be reasonably foreseeable and not too remote. Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections, the instructing solicitor will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss.

General damages

[edit]

General damages are monetary compensation for the non-monetary aspects of the specific harm suffered. These damages are sometimes termed "pain, suffering and loss of amenity". Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc.[26] This is not easily quantifiable, and depends on the individual circumstances of the claimant.

United Kingdom

[edit]

Judges in the United Kingdom base the award on damages awarded in similar previous cases. In 2012 the Court of Appeal of England and Wales noted that

this court has not merely the power, but a positive duty, to monitor, and where appropriate to alter, the guideline rates for general damages in personal injury actions.[27]

General damages in England and Wales were increased by 10% for all cases where judgements were given after 1 April 2013, following changes to the options available to personal injury claimants wanting to cover the cost of their litigation.[28]

General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of defamation.

The quantification of personal injury is not an exact science. In English law solicitors treat personal injury claims as "general damages" for pain and suffering and loss of amenity (PSLA). Solicitors quantify personal injury claims by reference to previous awards made by the courts which are "similar" to the case in hand. The Judicial College's Guidelines for the Assessment of General Damages in Personal Injury Cases are adjusted following periodic review of the awards which have been made by the courts since the previous review.[29]

The guidance which solicitors will take into account to help quantify general damages include:

The age of the client: The age of the client is important especially when dealing with fatal accident claims or permanent injuries. The younger the injured victim with a permanent injury the longer that person has to live with the PSLA. As a consequence, the greater the compensation payment. In fatal accident claims, generally the younger deceased, the greater the dependency claim by the partner and children.

The nature and extent of the injuries sustained: Solicitors will consider "like for like" injuries with the case in hand and similar cases decided by the courts previously. These cases are known as precedents. Generally speaking decisions from the higher courts will bind the lower courts. Therefore, judgments from the House of Lords and the Court of Appeal have greater authority than the lower courts such as the High Court and the County Court. A compensation award can only be right or wrong with reference to that specific judgment. Solicitors must be careful when looking at older cases when quantifying a claim to ensure that the award is brought up to date and to take into account the court of appeal case in Heil v Rankin[30] Generally speaking the greater the injury the greater the damages awarded.

Personal attributes and fortitude of the client: This heading is inextricably linked with the other points above. Where two clients are of the same age, experience and suffer the same injury, it does not necessarily mean that they will be affected the same. We are all different. Some people will recover more quickly than others. The courts will assess each claim on its own particular facts and therefore if one claimant recovers more quickly than another, the damages will be reflected accordingly. "Psychological injuries" may also follow from an accident which may increase the quantum of damages.

When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim. Once accepted there can be no further award for compensation at a later time unless the claim is settled by provisional damages often found in industrial injury claims such as asbestos related injuries.

Statutory damages

[edit]

Statutory damages are an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine the value of the harm to the victim. Mere violation of the law can entitle the victim to a statutory award, even if no actual injury occurred. These are different from nominal damages, in which no written sum is specified.

Nominal damages

[edit]

Nominal damages are very small damages awarded to show that the loss or harm suffered was technical rather than actual. Perhaps the most famous nominal damages award in modern times has been the $1 verdict against the National Football League (NFL) in the 1986 antitrust suit prosecuted by the United States Football League. Although the verdict was automatically trebled pursuant to antitrust law in the United States, the resulting $3 judgment was regarded as a victory for the NFL. Historically, one of the best known nominal damage awards was the farthing that the jury awarded to James Whistler in his libel suit against John Ruskin. In the English jurisdiction, nominal damages are generally fixed at £5.[31]

Many times a party that has been wronged but is not able to prove significant damages will sue for nominal damages. This is particularly common in cases involving alleged violations of constitutional rights, such as freedom of speech. Until 2021, in the United States, there was a circuit split as to whether nominal damages may be used if a constitutional violation had occurred but has since been rendered moot.[32] The Supreme Court decided 8–1 in the 2021 case Uzuegbunam v. Preczewski that nominal damages are appropriate means to redress violated rights otherwise now rendered moot.[33][34]

Contemptuous damages

[edit]

Contemptuous damages are a form of damage award available in some jurisdictions. They are similar to nominal damages awards, as they are given when the plaintiff's suit is trivial, used only to settle a point of honor or law.[35] Awards are usually of the smallest amount, usually 1 cent or similar. In England, damages of one half penny were awarded in Dering v Uris[36] and the case of the "spanking colonel" John Elliott Brooks.[a][40][41][42] The key distinction is that in jurisdictions that follow the principle that the losing party pays for attorney fees, the claimant in a contemptuous damages case may be required to pay their own attorney fees.[43] Court costs are not awarded.[44]

Punitive damages (non-compensatory)

[edit]

Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct was egregiously insidious and are over and above the amount of compensatory damages, such as in the event of malice or intent. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution.

In England and Wales, exemplary damages are limited to the circumstances set out by Lord Devlin in the leading case of Rookes v. Barnard. They are:

  1. Oppressive, arbitrary or unconstitutional actions by the servants of government.
  2. Where the defendant's conduct was 'calculated' to make a profit for himself.
  3. Where a statute expressly authorises the same.

Rookes v Barnard has been much criticized and has not been followed in Canada or Australia or by the Privy Council.

Punitive damages awarded in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public.[45]

Aggravated damages

[edit]

Some jurisdictions recognize a form of damages, called aggravated damages, that are similar to punitive or exemplary damages. Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, cruelty.[46]

Restitutionary or disgorgement damages

[edit]

In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss.[47] The plaintiff thereby gains damages which are not measured by reference to any loss sustained. In some areas of the law this heading of damages is uncontroversial; most particularly intellectual property rights and breach of fiduciary relationship.

In England and Wales the House of Lords case of Attorney-General v. Blake opened up the possibility of restitutionary damages for breach of contract. In this case the profits made by a defecting spy, George Blake, for the publication of his book, were awarded to the British Government for breach of contract. The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear.

The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing. It is challenging to determine and codify which kinds of wrongs are suitable for the application of this remedy.

[edit]

In addition to damages, the successful party is often entitled to be awarded their reasonable legal costs that they spent during the case. This is the rule in most countries other than the United States. In the United States, a party generally is not entitled to its attorneys' fees or for hardships undergone during trial unless the parties agreed in a contract that attorney's fees should be covered or a specific statute or law permits recovery of legal fees, such as discrimination.[48]

See also

[edit]

Notes

[edit]
  1. ^ Brooks, who was actually a lieutenant-colonel rather than a full colonel (as well as a former mayor and a solicitor), sued IPC Newspapers after its Sunday People title accused him of being "a menace to young girls"[37] by luring young women onto his cabin cruiser under the pretext that they would get to crew it and then assaulting them; one woman who appeared in the article said that Brooks had spanked her bare bottom thirty times. Brooks admitted that he was inviting women onto his boat for his personal enjoyment, spanking included, but denied beating them[38] and insisted that they had given their full consent.[39]

References

[edit]
  1. ^ International principle: Trans-Lex.org, Garner, p.416
  2. ^ See, e.g., Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27; Electrochrome v Welsh Plastics [1968] 2 All ER 205,, and British Celanese v Hunt [1969] 1 WLR 959
  3. ^ "Actual Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
  4. ^ "Punitive Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
  5. ^ Brinig, Brian P. (2011). Finance & Accounting for Lawyers. Portland, OR: BV Resources, LLC. p. 200. ISBN 978-1-935081-71-5.
  6. ^ Bartels, Natalia M.; Madden, M. Stuart (2001). "A Comparative Analysis of United States and Colombian Tort Law: Duty, Breach, and Damages". Pace International Law Review. 13: 59. doi:10.58948/2331-3536.1204. S2CID 55140488. Retrieved 6 July 2020.
  7. ^ Cooter, Robert; Eisenberg, Melvin A. (1985). "Damages for Breach of Contract". California Law Review. 73 (5): 1432. doi:10.2307/3480408. JSTOR 3480408. Retrieved 6 July 2020.
  8. ^ Sanders, Joseph (2008). "Reforming General Damages: A Good Tort Reform". Roger Williams University Law Rev. 13: 115. Retrieved 6 July 2020.
  9. ^ See, e.g., the U.S. Supreme Court cases of "The Conqueror, 166 US 110, 17 S. Ct. 510, 41 L. Ed. 937 (1897)". Google Scholar. Retrieved 19 September 2017. and "Palmer v. Connecticut Railway & Lighting Co., 311 US 544, 61 S. Ct. 379, 85 L. Ed. 336 (1941)". Google Scholar. Retrieved 19 September 2017.
  10. ^ airSlate Legal Forms, Inc. d/b/a USLegal, Loss of Bargain Law and Legal Definition, accessed 10 December 2022
  11. ^ Supreme Court of Texas, Nobility Homes of Texas Inc. v. Shivers, Casetext, published 5 October 1977, accessed 10 December 2022
  12. ^ England and Wales High Court (Chancery Division), Murfin v Campbell (2011) EWHC 1475 (Ch), paragraphs 8, 12, delivered 22 June 2011, accessed 27 November 2022
  13. ^ Cilia, Fiona (12 November 2010). "Quantifying Damages for Lucrum Cessans in Tor". Journal of Civil Law Studies. 4 (2): 341.
  14. ^ Morris, Clarence (March 1959). "Liability for Pain and Suffering". Columbia Law Review. 59 (3): 476–485. doi:10.2307/1120125. JSTOR 1120125.
  15. ^ "Duty to Mitigate". Wex. Cornell Law School. Retrieved 19 September 2017.
  16. ^ Goldberg, John C.P. (2005). "Two Conceptions of Tort Damages: Fair v. Full Compensation". DePaul Law Review. 55: 435. Retrieved 19 September 2017.
  17. ^ Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8, High Court (Australia).
  18. ^ Clark v Macourt [2013] HCA 93, High Court (Australia).
  19. ^ Winterton, David (2014). "Clark v Macourt: Defective Sperm and Performance Substitutes in the High Court of Australia". Melbourne University Law Review. (2014) 38(2) Melbourne University Law Review 755.
  20. ^ "Remedies for Breach of Contract — Judicial Education Center". jec.unm.edu. Archived from the original on 2020-04-08. Retrieved 2020-04-13.
  21. ^ McRae v Commonwealth Disposals Commission [1951] HCA 79, (1951) 84 CLR 377, High Court (Australia).
  22. ^ Commonwealth v Amann Aviation [1991] HCA 54, (1991) 174 CLR 64, High Court (Australia).
  23. ^ Amev-Udc Finance Ltd v Austin [1986] HCA 63, (1986) 162 CLR 170 (4 November 1986), High Court (Australia).
  24. ^ Australian Competition & Consumer Commission v Esanda Finance Corporation Ltd [2003] FCA 1225 (7 November 2003), Federal Court (Australia).
  25. ^ a b Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] UKHL 1, [1915] AC 847 (26 April 1915).
  26. ^ Beaman, Richard (2010-09-22). "Loss of Amenity". Douglas Wemyss Solicitors. Leicester. Archived from the original on 2010-11-15.
  27. ^ Simmons v. Castle, Case No: A3/2011/1846, paragraph 12, published 26 July 2012, accessed 17 July 2022
  28. ^ Herbert Smith Freehills LLP, 10% Increase in General Damages, accesses 26 September 2022
  29. ^ Lambert, J. (The Hon. Mrs Justice Lambert DBE), Independent Inquiry into Child Sexual Abuse - Accountability and Reparations Investigation report: recommendations, letter to Alexandra Merity, Investigation Lawyer, Independent Inquiry into Child Sexual Abuse, sent 7 February 2020, accessed 26 September 2022
  30. ^ Heil v Rankin & Another [2000] EWCA Civ 84, Court of Appeal
  31. ^ McBride, Bagshaw (2018). Tort Law (6 ed.). Pearson. p. 784.
  32. ^ Frankel, Alison (August 24, 2017). "Come for the sex toys. Stay for the newly created circuit split on mootness". Reuters. Retrieved January 11, 2021.
  33. ^ Liptak, Adam (January 12, 2021). "Citing Taylor Swift, Supreme Court Seems Set to Back Nominal Damages Suits". The New York Times. Retrieved January 12, 2021.
  34. ^ Dewer, Devin (March 8, 2021). "Supreme Court sides with Christian students silenced on Georgia campus". ABC News. Retrieved March 8, 2021.
  35. ^ "Contemptuous damages". Oxford Reference. Oxford University Press. Retrieved 19 September 2017.
  36. ^ Ellmann, Mary (July 1964). "The Dering Case: A Surgeon at Auschwitz". Commentary. Retrieved 15 November 2025.
  37. ^ "Ex-mayor fights 'menace' claim". The Royal Gazette. 20 November 1974. Retrieved 17 November 2025 – via the Bermuda National Library.
  38. ^ "Bottoms spanked by former mayor". The Canberra Times. 22 November 1974. Retrieved 17 November 2025 – via Trove.
  39. ^ Shuster, Alvin (23 November 1974). "Trial of Briton Who Spanked Girls Amuses Public". The New York Times. Retrieved 17 November 2025.
  40. ^ "Colonel is awarded ½p damages for 'sex trap' libel". The Times. 26 November 1974. p. 6 – via the Internet Archive.
  41. ^ McSmith, Andy (29 November 2014). "Andrew Mitchell 'Plebgate' trial: The great British libel casino claims a fresh victim". The Independent. Retrieved 25 September 2025.
  42. ^ Lamont, Duncan (7 October 2002). "A cheeky Major, a spanking colonel". The Guardian. Retrieved 15 November 2025.
  43. ^ Oliphant, Ken; Lunney, Mark (2008). Tort Law: Text and Materials. Oxford, England: Oxford University Press. p. 865. ISBN 978-0199211364.
  44. ^ Spetz, Steven N (1974). "Civil Court Procedure And Remedies For Tort". Can I Sue? An Introduction to Canadian Tort Law. Toronto: Pitman. p. 219. ISBN 0-273-04189-4.
  45. ^ Koziol, Helmut; Wilcox, Vanessa (2011). 3709109647. Springer Vienna. ISBN 978-3709109649. Retrieved 19 September 2017.
  46. ^ Behand, Nadine (2009). How To Run Your Own Court Case. Sydney: Redfern Legal Centre. p. 145. ISBN 978-1-921410-83-3.
  47. ^ Doyle, S; Wright, D (2001). "Restitutionary damages - the unnecessary remedy". Melbourne University Law Review. (2001) 25(1) Melbourne University Law Review 1.
  48. ^ "Remedies for Employment Discrimination". Retrieved July 4, 2010.

Further reading

[edit]
  • Black, Stephen (2011). "A Capital Gains Anomaly: Commissioner v. Banks and the Proceeds from Lawsuits". St. Mary's Law Journal. 43: 113. SSRN 1858776.
[edit]

 

A health professional, healthcare professional (HCP), or healthcare worker (sometimes abbreviated as HCW)[1] is a provider of health care treatment and advice based on formal training and experience. The field includes those who work as a nurse,physician (such as family physician, internist, obstetrician, psychiatrist, radiologist, surgeon etc.), perfusionist, physician assistant, registered dietitian, emergency medical technicians and paramedics, veterinarian, veterinary technician, optometrist, pharmacist, pharmacy technician, medical assistant, physical therapist, occupational therapist, dentist, midwife, psychologist, audiologist, or healthcare scientist, or who perform services in allied health professions. Experts in public health and community health are also health professionals.

Fields

[edit]
NY College of Health Professions massage therapy class
US Navy doctors deliver a healthy baby
70% of global health and social care workers are women, 30% of leaders in the global health sector are women

The healthcare workforce comprises a wide variety of professions and occupations who provide some type of healthcare service, including such direct care practitioners as physicians, nurse practitioners, physician assistants, nurses, respiratory therapists, dentists, pharmacists, speech-language pathologist, physical therapists, occupational therapists, physical and behavior therapists, as well as allied health professionals such as phlebotomists, medical laboratory scientists, dieticians, and social workers. They often work in hospitals, healthcare centers and other service delivery points, but also in academic training, research, and administration. Some provide care and treatment services for patients in private homes. Many countries have a large number of community health workers who work outside formal healthcare institutions. Managers of healthcare services, health information technicians, and other assistive personnel and support workers are also considered a vital part of health care teams.[2]

Healthcare practitioners are commonly grouped into health professions. Within each field of expertise, practitioners are often classified according to skill level and skill specialization. "Health professionals" are highly skilled workers, in professions that usually require extensive knowledge including university-level study leading to the award of a first degree or higher qualification.[3] This category includes physicians, physician assistants, registered nurses, veterinarians, veterinary technicians, veterinary assistants, dentists, midwives, radiographers, pharmacists, physiotherapists, optometrists, operating department practitioners and others. Allied health professionals, also referred to as "health associate professionals" in the International Standard Classification of Occupations, support implementation of health care, treatment and referral plans usually established by medical, nursing, respiratory care, and other health professionals, and usually require formal qualifications to practice their profession. In addition, unlicensed assistive personnel assist with providing health care services as permitted.[citation needed]

Another way to categorize healthcare practitioners is according to the sub-field in which they practice, such as mental health care, pregnancy and childbirth care, surgical care, rehabilitation care, or public health.[citation needed]

Mental health

[edit]

A mental health professional is a health worker who offers services to improve the mental health of individuals or treat mental illness. These include psychiatrists, psychiatry physician assistants, clinical, counseling, and school psychologists, occupational therapists, clinical social workers, psychiatric-mental health nurse practitioners, marriage and family therapists, mental health counselors, as well as other health professionals and allied health professions. These health care providers often deal with the same illnesses, disorders, conditions, and issues; however, their scope of practice often differs. The most significant difference across categories of mental health practitioners is education and training.[4] There are many damaging effects to the health care workers. Many have had diverse negative psychological symptoms ranging from emotional trauma to very severe anxiety. Health care workers have not been treated right and because of that their mental, physical, and emotional health has been affected by it. The SAGE author's said that there were 94% of nurses that had experienced at least one PTSD after the traumatic experience. Others have experienced nightmares, flashbacks, and short and long term emotional reactions.[5] The abuse is causing detrimental effects on these health care workers. Violence is causing health care workers to have a negative attitude toward work tasks and patients, and because of that they are "feeling pressured to accept the order, dispense a product, or administer a medication".[6] Sometimes it can range from verbal to sexual to physical harassment, whether the abuser is a patient, patient's families, physician, supervisors, or nurses.[citation needed]

Obstetrics

[edit]

A maternal and newborn health practitioner is a health care expert who deals with the care of women and their children before, during and after pregnancy and childbirth. Such health practitioners include obstetricians, physician assistants, midwives, obstetrical nurses and many others. One of the main differences between these professions is in the training and authority to provide surgical services and other life-saving interventions.[7] In some developing countries, traditional birth attendants, or traditional midwives, are the primary source of pregnancy and childbirth care for many women and families, although they are not certified or licensed. According to research, rates for unhappiness among obstetrician-gynecologists (Ob-Gyns) range somewhere between 40 and 75 percent.[8]

Geriatrics

[edit]

A geriatric care practitioner plans and coordinates the care of the elderly and/or disabled to promote their health, improve their quality of life, and maintain their independence for as long as possible.[9] They include geriatricians, occupational therapists, physician assistants, adult-gerontology nurse practitioners, clinical nurse specialists, geriatric clinical pharmacists, geriatric nurses, geriatric care managers, geriatric aides, nursing aides, caregivers and others who focus on the health and psychological care needs of older adults.[citation needed]

Surgery

[edit]

A surgical practitioner is a healthcare professional and expert who specializes in the planning and delivery of a patient's perioperative care, including during the anaesthetic, surgical and recovery stages. They may include general and specialist surgeons, physician assistants, assistant surgeons, surgical assistants, veterinary surgeons, veterinary technicians. anesthesiologists, anesthesiologist assistants, nurse anesthetists, surgical nurses, clinical officers, operating department practitioners, anaesthetic technicians, perioperative nurses, surgical technologists, and others.[citation needed]

Rehabilitation

[edit]

A rehabilitation care practitioner is a health worker who provides care and treatment which aims to enhance and restore functional ability and quality of life to those with physical impairments or disabilities. These include physiatrists, physician assistants, rehabilitation nurses, clinical nurse specialists, nurse practitioners, physiotherapists, chiropractors, orthotists, prosthetists, occupational therapists, recreational therapists, audiologists, speech and language pathologists, respiratory therapists, rehabilitation counsellors, physical rehabilitation therapists, athletic trainers, physiotherapy technicians, orthotic technicians, prosthetic technicians, personal care assistants, and others.[10]

Optometry

[edit]

Optometry is a field traditionally associated with the correction of refractive errors using glasses or contact lenses, and treating eye diseases. Optometrists also provide general eye care, including screening exams for glaucoma and diabetic retinopathy and management of routine or eye conditions. Optometrists may also undergo further training in order to specialize in various fields, including glaucoma, medical retina, low vision, or paediatrics. In some countries, such as the United Kingdom, United States, and Canada, Optometrists may also undergo further training in order to be able to perform some surgical procedures.

Diagnostics

[edit]

Medical diagnosis providers are health workers responsible for the process of determining which disease or condition explains a person's symptoms and signs. It is most often referred to as diagnosis with the medical context being implicit. This usually involves a team of healthcare providers in various diagnostic units. These include radiographers, radiologists, Sonographers, medical laboratory scientists, pathologists, and related professionals.[citation needed]

Dentistry

[edit]
Dental assistant on the right supporting a dental operator on the left, during a procedure.

A dental care practitioner is a health worker and expert who provides care and treatment to promote and restore oral health. These include dentists and dental surgeons, dental assistants, dental auxiliaries, dental hygienists, dental nurses, dental technicians, dental therapists or oral health therapists, and related professionals.

Podiatry

[edit]

Care and treatment for the foot, ankle, and lower leg may be delivered by podiatrists, chiropodists, pedorthists, foot health practitioners, podiatric medical assistants, podiatric nurse and others.

Public health

[edit]

A public health practitioner focuses on improving health among individuals, families and communities through the prevention and treatment of diseases and injuries, surveillance of cases, and promotion of healthy behaviors. This category includes community and preventive medicine specialists, physician assistants, public health nurses, pharmacist, clinical nurse specialists, dietitians, environmental health officers (public health inspectors), paramedics, epidemiologists, public health dentists, and others.[citation needed]

Alternative medicine

[edit]

In many societies, practitioners of alternative medicine have contact with a significant number of people, either as integrated within or remaining outside the formal health care system. These include practitioners in acupuncture, Ayurveda, herbalism, homeopathy, naturopathy, Reiki, Shamballa Reiki energy healing Archived 2021-01-25 at the Wayback Machine, Siddha medicine, traditional Chinese medicine, traditional Korean medicine, Unani, and Yoga. In some countries such as Canada, chiropractors and osteopaths (not to be confused with doctors of osteopathic medicine in the United States) are considered alternative medicine practitioners.

Occupational hazards

[edit]
A healthcare professional wears an air sampling device to investigate exposure to airborne influenza
A video describing the Occupational Health and Safety Network, a tool for monitoring occupational hazards to health care workers

The healthcare workforce faces unique health and safety challenges and is recognized by the National Institute for Occupational Safety and Health (NIOSH) as a priority industry sector in the National Occupational Research Agenda (NORA) to identify and provide intervention strategies regarding occupational health and safety issues.[11]

Biological hazards

[edit]

Exposure to respiratory infectious diseases like tuberculosis (caused by Mycobacterium tuberculosis) and influenza can be reduced with the use of respirators; this exposure is a significant occupational hazard for health care professionals.[12] Healthcare workers are also at risk for diseases that are contracted through extended contact with a patient, including scabies.[13] Health professionals are also at risk for contracting blood-borne diseases like hepatitis B, hepatitis C, and HIV/AIDS through needlestick injuries or contact with bodily fluids.[14][15] This risk can be mitigated with vaccination when there is a vaccine available, like with hepatitis B.[15] In epidemic situations, such as the 2014–2016 West African Ebola virus epidemic or the 2003 SARS outbreak, healthcare workers are at even greater risk, and were disproportionately affected in both the Ebola and SARS outbreaks.[16]

In general, appropriate personal protective equipment (PPE) is the first-line mode of protection for healthcare workers from infectious diseases. For it to be effective against highly contagious diseases, personal protective equipment must be watertight and prevent the skin and mucous membranes from contacting infectious material. Different levels of personal protective equipment created to unique standards are used in situations where the risk of infection is different. Practices such as triple gloving and multiple respirators do not provide a higher level of protection and present a burden to the worker, who is additionally at increased risk of exposure when removing the PPE. Compliance with appropriate personal protective equipment rules may be difficult in certain situations, such as tropical environments or low-resource settings. A 2020 Cochrane systematic review found low-quality evidence that using more breathable fabric in PPE, double gloving, and active training reduce the risk of contamination but that more randomized controlled trials are needed for how best to train healthcare workers in proper PPE use.[16]

Tuberculosis screening, testing, and education

[edit]

Based on recommendations from The United States Center for Disease Control and Prevention (CDC) for TB screening and testing the following best practices should be followed when hiring and employing Health Care Personnel.[17]

When hiring Health Care Personnel, the applicant should complete the following:[18] a TB risk assessment,[19] a TB symptom evaluation for at least those listed on the Signs & Symptoms page,[20] a TB test in accordance with the guidelines for Testing for TB Infection,[21] and additional evaluation for TB disease as needed (e.g. chest x-ray for HCP with a positive TB test)[18] The CDC recommends either a blood test, also known as an interferon-gamma release assay (IGRA), or a skin test, also known as a Mantoux tuberculin skin test (TST).[21] A TB blood test for baseline testing does not require two-step testing. If the skin test method is used to test HCP upon hire, then two-step testing should be used. A one-step test is not recommended.[18]

The CDC has outlined further specifics on recommended testing for several scenarios.[22] In summary:

  1. Previous documented positive skin test (TST) then a further TST is not recommended
  2. Previous documented negative TST within 12 months before employment OR at least two documented negative TSTs ever then a single TST is recommended
  3. All other scenarios, with the exception of programs using blood tests, the recommended testing is a two-step TST

According to these recommended testing guidelines any two negative TST results within 12 months of each other constitute a two-step TST.

For annual screening, testing, and education, the only recurring requirement for all HCP is to receive TB education annually.[18] While the CDC offers education materials, there is not a well defined requirement as to what constitutes a satisfactory annual education. Annual TB testing is no longer recommended unless there is a known exposure or ongoing transmission at a healthcare facility. Should an HCP be considered at increased occupational risk for TB annual screening may be considered. For HCP with a documented history of a positive TB test result do not need to be re-tested but should instead complete a TB symptom evaluation. It is assumed that any HCP who has undergone a chest x-ray test has had a previous positive test result. When considering mental health you may see your doctor to be evaluated at your digression. It is recommended to see someone at least once a year in order to make sure that there has not been any sudden changes.[23]

Psychosocial hazards

[edit]

Occupational stress and occupational burnout are highly prevalent among health professionals.[24] Some studies suggest that workplace stress is pervasive in the health care industry because of inadequate staffing levels, long work hours, exposure to infectious diseases and hazardous substances leading to illness or death, and in some countries threat of malpractice litigation. Other stressors include the emotional labor of caring for ill people and high patient loads. The consequences of this stress can include substance abuse, suicide, major depressive disorder, and anxiety, all of which occur at higher rates in health professionals than the general working population. Elevated levels of stress are also linked to high rates of burnout, absenteeism and diagnostic errors, and reduced rates of patient satisfaction.[25] In Canada, a national report (Canada's Health Care Providers) also indicated higher rates of absenteeism due to illness or disability among health care workers compared to the rest of the working population, although those working in health care reported similar levels of good health and fewer reports of being injured at work.[26]

There is some evidence that cognitive-behavioral therapy, relaxation training and therapy (including meditation and massage), and modifying schedules can reduce stress and burnout among multiple sectors of health care providers. Research is ongoing in this area, especially with regards to physicians, whose occupational stress and burnout is less researched compared to other health professions.[27]

Healthcare workers are at higher risk of on-the-job injury due to violence. Drunk, confused, and hostile patients and visitors are a continual threat to providers attempting to treat patients. Frequently, assault and violence in a healthcare setting goes unreported and is wrongly assumed to be part of the job.[28] Violent incidents typically occur during one-on-one care; being alone with patients increases healthcare workers' risk of assault.[29] In the United States, healthcare workers experience 23 of nonfatal workplace violence incidents.[28] Psychiatric units represent the highest proportion of violent incidents, at 40%; they are followed by geriatric units (20%) and the emergency department (10%). Workplace violence can also cause psychological trauma.[29]

Health care professionals are also likely to experience sleep deprivation due to their jobs. Many health care professionals are on a shift work schedule, and therefore experience misalignment of their work schedule and their circadian rhythm. In 2007, 32% of healthcare workers were found to get fewer than 6 hours of sleep a night. Sleep deprivation also predisposes healthcare professionals to make mistakes that may potentially endanger a patient.[30]

COVID pandemic

[edit]

Especially in times like the present (2020), the hazards of health professional stem into the mental health. Research from the last few months highlights that COVID-19 has contributed greatly  to the degradation of mental health in healthcare providers. This includes, but is not limited to, anxiety, depression/burnout, and insomnia.[citation needed]

A study done by Di Mattei et al. (2020) revealed that 12.63% of COVID nurses and 16.28% of other COVID healthcare workers reported extremely severe anxiety symptoms at the peak of the pandemic.[31] In addition, another study was conducted on 1,448 full time employees in Japan. The participants were surveyed at baseline in March 2020 and then again in May 2020. The result of the study showed that psychological distress and anxiety had increased more among healthcare workers during the COVID-19 outbreak.[32]

Similarly, studies have also shown that following the pandemic, at least one in five healthcare professionals report symptoms of anxiety.[33] Specifically, the aspect of "anxiety was assessed in 12 studies, with a pooled prevalence of 23.2%" following COVID.[33] When considering all 1,448 participants that percentage makes up about 335 people.

Abuse by patients

[edit]
  • The patients are selecting victims who are more vulnerable. For example, Cho said that these would be the nurses that are lacking experience or trying to get used to their new roles at work.[34]
  • Others authors that agree with this are Vento, Cainelli, & Vallone and they said that, the reason patients have caused danger to health care workers is because of insufficient communication between them, long waiting lines, and overcrowding in waiting areas.[35] When patients are intrusive and/or violent toward the faculty, this makes the staff question what they should do about taking care of a patient.
  • There have been many incidents from patients that have really caused some health care workers to be traumatized and have so much self doubt. Goldblatt and other authors  said that there was a lady who was giving birth, her husband said, "Who is in charge around here"? "Who are these sluts you employ here".[5]  This was very avoidable to have been said to the people who are taking care of your wife and child.

Physical and chemical hazards

[edit]

Slips, trips, and falls are the second-most common cause of worker's compensation claims in the US and cause 21% of work absences due to injury. These injuries most commonly result in strains and sprains; women, those older than 45, and those who have been working less than a year in a healthcare setting are at the highest risk.[36]

An epidemiological study published in 2018 examined the hearing status of noise-exposed health care and social assistance (HSA) workers sector to estimate and compare the prevalence of hearing loss by subsector within the sector. Most of the HSA subsector prevalence estimates ranged from 14% to 18%, but the Medical and Diagnostic Laboratories subsector had 31% prevalence and the Offices of All Other Miscellaneous Health Practitioners had a 24% prevalence. The Child Day Care Services subsector also had a 52% higher risk than the reference industry.[37]

Exposure to hazardous drugs, including those for chemotherapy, is another potential occupational risk. These drugs can cause cancer and other health conditions.[38]

Gender factors

[edit]

Female health care workers may face specific types of workplace-related health conditions and stress. According to the World Health Organization, women predominate in the formal health workforce in many countries and are prone to musculoskeletal injury (caused by physically demanding job tasks such as lifting and moving patients) and burnout. Female health workers are exposed to hazardous drugs and chemicals in the workplace which may cause adverse reproductive outcomes such as spontaneous abortion and congenital malformations. In some contexts, female health workers are also subject to gender-based violence from coworkers and patients.[39][40]

 

Workforce shortages

[edit]

Many jurisdictions report shortfalls in the number of trained health human resources to meet population health needs and/or service delivery targets, especially in medically underserved areas. For example, in the United States, the 2010 federal budget invested $330 million to increase the number of physicians, physician assistants, nurse practitioners, nurses, and dentists practicing in areas of the country experiencing shortages of trained health professionals. The Budget expands loan repayment programs for physicians, nurses, and dentists who agree to practice in medically underserved areas. This funding will enhance the capacity of nursing schools to increase the number of nurses. It will also allow states to increase access to oral health care through dental workforce development grants. The Budget's new resources will sustain the expansion of the health care workforce funded in the Recovery Act.[41] There were 15.7 million health care professionals in the US as of 2011.[36]

In Canada, the 2011 federal budget announced a Canada Student Loan forgiveness program to encourage and support new family physicians, physician assistants, nurse practitioners and nurses to practice in underserved rural or remote communities of the country, including communities that provide health services to First Nations and Inuit populations.[42]

In Uganda, the Ministry of Health reports that as many as 50% of staffing positions for health workers in rural and underserved areas remain vacant. As of early 2011, the Ministry was conducting research and costing analyses to determine the most appropriate attraction and retention packages for medical officers, nursing officers, pharmacists, and laboratory technicians in the country's rural areas.[43]

At the international level, the World Health Organization estimates a shortage of almost 4.3 million doctors, midwives, nurses, and support workers worldwide to meet target coverage levels of essential primary health care interventions.[44] The shortage is reported most severe in 57 of the poorest countries, especially in sub-Saharan Africa.

Nurses are the most common type of medical field worker to face shortages around the world. There are numerous reasons that the nursing shortage occurs globally. Some include: inadequate pay, a large percentage of working nurses are over the age of 45 and are nearing retirement age, burnout, and lack of recognition.[45]

Incentive programs have been put in place to aid in the deficit of pharmacists and pharmacy students. The reason for the shortage of pharmacy students is unknown but one can infer that it is due to the level of difficulty in the program.[46]

Results of nursing staff shortages can cause unsafe staffing levels that lead to poor patient care. Five or more incidents that occur per day in a hospital setting as a result of nurses who do not receive adequate rest or meal breaks is a common issue.[47]

Regulation and registration

[edit]

Practicing without a license that is valid and current is typically illegal. In most jurisdictions, the provision of health care services is regulated by the government. Individuals found to be providing medical, nursing or other professional services without the appropriate certification or license may face sanctions and criminal charges leading to a prison term. The number of professions subject to regulation, requisites for individuals to receive professional licensure, and nature of sanctions that can be imposed for failure to comply vary across jurisdictions.

In the United States, under Michigan state laws, an individual is guilty of a felony if identified as practicing in the health profession without a valid personal license or registration. Health professionals can also be imprisoned if found guilty of practicing beyond the limits allowed by their licenses and registration. The state laws define the scope of practice for medicine, nursing, and a number of allied health professions.[48][unreliable source?] In Florida, practicing medicine without the appropriate license is a crime classified as a third degree felony,[49] which may give imprisonment up to five years. Practicing a health care profession without a license which results in serious bodily injury classifies as a second degree felony,[49] providing up to 15 years' imprisonment.

In the United Kingdom, healthcare professionals are regulated by the state; the UK Health and Care Professions Council (HCPC) protects the 'title' of each profession it regulates. For example, it is illegal for someone to call himself an Occupational Therapist or Radiographer if they are not on the register held by the HCPC.

See also

[edit]

References

[edit]
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[edit]

 

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