Case Study: Medical Negligence or Malpractices

Read the case study below and answer the questions.

Medical malpractice, or negligence, an unintentional tort, is most often alleged when patients sue health care providers. Standard of care and duty of care are important aspects of the law that can help prove or disprove a charge of negligence against a health care provider.

A custodian in a medical clinic is ordered to lift and move a heavy bookcase from one side of an employing physician's office to another. The custodian protests that she has had back problems in the past and probably should not attempt to lift the bookcase. The physician insists, and the custodian hurts her back and then sues the physician.

Questions

1.) If the custodian sues the physician and the case is tried in court, which legal aspects will be of primary importance?

2.) What aspect of civil law allows the custodian to sue the physician?