Professional Negligence and the Occupational Therapist

Abstract

This paper will attempt to clarify the meaning of negligence. The difference between the negligent acts of a layman and a professional are defined and compared, as well as professional and non-professional occupations. The method of determining the standard by which occupational therapists are measured is discussed as well as the points the Courts consider when the standard is breached and harm to the patient results. Consideration is given to the gradual shift of responsibility from the physician to the health care professional, the ensuing legal implications, and the division of responsibility for negligence. The position of occupational therapists employed by health care facilities, in relation to the liability of the employer and the practitioner are outlined. The points discussed are illustrated by cases from the British, Canadian and American Courts.