Legal Comment, Part I: Basics of Liability Law

Abstract

This article, the first in a series that will explore the legal implications of hospital infection control, outlines the basic legal principles applicable to infection control. Future articles will discuss the issue of confidentiality and apply general principles to the specific issues surrounding AIDS.In order to succeed in a medical malpractice action, the plaintiff must demonstrate by a preponderance of the evidence that: (1) the defendant(s) had a duty to act in a particular manner; (2) the defendant(s) negligently breached that duty; (3) the plaintiff suffered some “harm” or injury; and (4) the harm suffered by the plaintiff was causally related to the breach of duty.'Physicians and hospitals have a duty, once a patient care provider relationship has been created, to provide care to the best of their skill, training, and experience.' A significant aspect of that duty for hospitals is the creation and maintenance of an environment that is safe from unnecessary risk of infection or harm.