Essay Example on the Department of Health and Human Services

Introduction

The Department of Health and Human Services was created for the purpose of meeting the health needs of all American citizens as well as offering essential human services to people with the least ability to meet them. According to Coleman, et al., (2009) the department oversees various state agencies in charge of health and these include the Center for Diseases Control and Prevention (CDC) and Center for Medicaid and Medicare services. It was first formed as the cabinet-level department of health, welfare, and education. Later the Department of health grew out of it and left the Department of Health and Human Services.

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Importance of Causation in Establishing Liability in Negligence Suit

The main reason for the establishment of tort law is that it helps to provide relief for all forms of damages incurred and prevents other people from committing a similar crime. Causation is essential in the establishment of liability in a negligence suit because tort law is established to offer recourse or reparation for damages caused and hence must not be used in the absence of reason (Foucar & Wick, 2005). As much as the law is created to ensure justice for the victims, it also protects the accused from unfairly paying for damages they did not incur.

One example of a case of tort law is the failure to act according to the laws and regulation of medical practice which leads to injury of the patient and other undesirable effects. There are various standards or paradigms the plaintiff must prove for the defendant to be found guilty of a crime. The doctor must have owed the physician the duty to care and that he or she failed in performing the duty of care. Moreover, the failure must be proved to be proximate and to have caused damages to the plaintiff. Finally, the plaintiff must prove to have suffered an actual injury or damage.

Legal Theories

Various theories are normally used in the examination and establishment of tort cases. One of these torts is the intentional tort. Intentional tort encompasses aspects like the invasion of privacy, defamation, and battery (Foucar & Wick, 2005). These theories take the position that the defendant acted in full awareness and the understanding of his or her actions to the plaintiff. Moreover they take the position that the defendants acted with malicious intent. These are the more severe cases of tort law and they are dealt with thoroughly (Foucar & Wick, 2005). At times the case may have been unintentional but based on the plaintiff's defense and strength of evidence the defendant may be found culpable and guilty of a crime.

On the other hand, the other cases of torts are theorized as unintentional torts. Negligence falls under this category and the physician is normally charged for neglecting his or her duties in spite of proper training and licensure. Most of the theories that define torts are normally stressed on the legal consequences of accidents. In such instances, the relevant forms of liability include strict liability and negligence. Although misfortunes do occur, their consequences can either remain in the hands of the victims or they can be shifted to other parties liable to such cases. The economic approach to tort law stresses the need for the law to create an environment of economic efficiency by way of ultimate cost reduction.

References

Coleman, N., Bader, J., Norwood, A., Hayhurst, R., Forsha, J., Yeskey, K., et al. (2009). Medical Response to a Radiologic/Nuclear Event: Integrated Plan From the Office of the Assistant Secretary for Preparedness and Response, Department of Health and Human Services. Annals of Emergency Medicine, 53(2), 213-222 doi: 10.1016/j.annemergmed.2007.12.021.

Foucar, E., & Wick, M. (2005). Evidence-based medicine and tort law. Seminars in Diagnostic Pathology, 22(2), 167-176.doi. 10.1007/978-1-4419-1030-1_20