FNU Health Insurance Portability and Accountability Act of 1996 Discussions

I’m working on a health & medical discussion question and need an explanation and answer to help me learn.

Discussion 1:

The Department of Health and Human Services regarding privacy and HIPAA – Health Insurance Portability and Accountability act of 1996. http://www.hhs.gov/ocr/hipaa/ Laws cover healthcare decisions as well. Laws protect consumers and patients alike in terms of negligence, intentional torts, etc.
How does one distinguish between negligence and malpractice? Please explain each and give examples.

Discussion 2:

What are the elements that must be proven in order to be successful in a negligence suit? Illustrate your answer with a case (the facts of the case can be hypothetical). Be sure to cite your case if you choose a real case not a hypothetical one.

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