Let us understand the types of quasi-intentional and unintentional torts.
Quasi-intentional torts are acts based on speech against another person, causing economic harm or damage to a person's reputation.
Examples include slander, or sharing false or confidential information, and defamation of character, which includes spreading rumors.
Similarly, libel is writing false and damaging statements against someone—for example, a patient posting fake reviews about a provider on social media.
The most common unintentional tort is negligence.
Negligence is failing to provide patients with minimum care within designated standards, resulting in injury or death.
It can involve neglecting expected nursing actions or performing unexpected nursing actions.
An example of negligence is when a nurse fails to perform hand hygiene before touching the patient, and the patient develops an infection.
Malpractice, another type of unintentional tort, is any action or behavior of a nurse that fails to meet the standard of practice and results in patient injury or harm.
An example of malpractice is failure to get informed consent before performing a procedure.
10.19:
Torts III
Types of Quasi-intentional Torts in Healthcare
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.
- • Slander occurs when false information is verbally shared, damaging another's reputation. For example, if a healthcare professional verbally shares incorrect and harmful information about a patient's medical condition with others, it can cause reputational damage to the patient.
- • Defamation of character happens when false statements damage an individual's reputation. Examples include spreading unfounded rumors about a patient's medical history or personal life within a healthcare setting.
- • Libel is the written form of defamation, where false and damaging statements are published. For instance, a patient posts false and harmful reviews or statements about a healthcare provider on social media platforms.
Types of Unintentional Torts in Healthcare
Unintentional torts occur when harm is caused not by deliberate actions but by negligence or failure to act according to professional standards.
- • Negligence in healthcare occurs when a provider fails to deliver the care a reasonably prudent professional would under similar circumstances, causing harm to a patient. For example, if a nurse neglects essential hygiene practices like handwashing, this may lead to a patient developing a healthcare-associated infection.
- • Malpractice is negligence specific to professionals whose care falls below the accepted standard practice and harms the patient. For example, if a healthcare provider performs a medical procedure without obtaining informed consent, resulting in injury or harm to the patient, it constitutes malpractice.