10.18:
Torts II
Here are the types of intentional torts.
First is assault, when a person purposefully threatens another person with harm. Actual contact is not required for assault to occur. For example, if a nurse threatens the patient to give an injection without consent.
Next is battery, which occurs when one party intentionally inflicts physical harm on another without consent. For instance, if a patient consents to right ear tympanoplasty and the doctor performs it on the left ear.
Then comes false imprisonment, which is when someone intentionally restricts another person's freedom of movement without legal reason. For example, if a nurse restrains a mentally stable patient and limits their movement without their consent.
Another example is invasion of privacy, which occurs when someone invades another person's private space or affairs. An example would be communicating patient information without their consent.
Finally, fraud is when one party deceives another to gain an advantage. For instance, a doctor charges a patient for services not provided.
10.18:
Torts II
Intentional torts in healthcare refer to deliberate actions that cause harm or infringe on the rights of others. Understanding these torts is crucial for healthcare professionals to avoid legal liabilities and maintain ethical standards in patient care.
- • Assault in healthcare occurs when a healthcare provider intentionally makes a patient fear imminent harm, even if no physical contact occurs.
- • Example: A nurse threatening to administer a medication against a patient's will constitutes assault, as it creates a fear of physical harm.
- • Battery occurs when a healthcare provider intentionally makes unauthorized physical contact with a patient, which can be harmful or offensive without the patient's consent.
- • Example: Performing a physical examination or a diagnostic procedure on a patient without obtaining consent is considered battery.
- • False imprisonment occurs when a patient is restrained against their will without a legal justification.
- • Example: Restraining a mentally stable patient without consent or medical necessity, thereby restricting their freedom of movement, constitutes false imprisonment.
- • Invasion of privacy involves the unauthorized and inappropriate intrusion into an individual's private affairs.
- • Example: Sharing a patient's medical information without consent violates their right to privacy and confidentiality, a cornerstone of patient rights.
- • Fraud in healthcare constitutes intentionally deceiving others for personal gain or to harm another individual.
- • Example: A healthcare provider billing for services not rendered or exaggerating a patient's diagnosis to receive higher insurance payments constitutes fraud.