Chapter 5 -Tort Law Flashcards
What is the difference between a felony and misdemeanor?
A misdemeanor is a less severe crime than a felony.
The law of torts is divided into 3 subgroups:
A wrong involving:
a person’s rights
personal property
real property
How is criminal law different than tort law?
Criminal law is when the government is a party against someone violating the criminal statute.
Tort law involves the right of an individual to recover damages for a loss
What are the different types of torts?
Intentional
Unintentional (negligence)
Strict liability
Give examples of intentional torts?
Battery: intentional contact
Assault: no actual contact rather threatening
False imprisonment: against person’s will
Intentional infliction of emotional distress
Give an example of how negligence could occur?
When he fails to protect against a risk that he knew would happen or when he knows a certain behavior would place others in danger
What are the types of negligence?
Malpractice: healthcare provider
Criminal: reckless regard to other’s safety
Nonfeasance: failure to preform an act that another person might have done
Misfeasance: improper performance of an act that causes an injury to other
Malfeasance: (similar to above) and also intend to cause damage
What are the degrees of negligence?
Ordinary: failure to do what other would have done in same position
Gross: reckless regard for the rights of other
What are the two types of causation in law?
Actual: “if he wouldn’t have not done it, then it would’ve not happened”
Proximate: “what is foreseeable that the defendant’s actions would result in the injury?”
What is the res ipsa loquitur
“the thing speaks for itself”
Ex: doc leaving surgical instrument in patient; events that do not ordinarily occur
Affirmative defenses is when the defendant proves they are not fault. Give example of these defenses.
Contributory: plaintiff is 1% to blame so defendant does not pay anything
Comparative: defendant is 80% to blame and plaintiff is 20%; defendant pays only 80%
Assumption of risk: when plaintiff had knowledge of the danger, understood the risk, voluntarily exposed them self
Sudden emergency doctrine
Unavoidable accident: an incident that could nor have been foreseeable
Act of god: a disaster such as earthquake or flood or fog.
What are the 2 doctrines to establish liability?
Corporate (primary):
Hospital is responsible for healthcare services such as: safe equipment, enforce rules
Respondent superior (secondary): Hospital is responsible also for the actions of its employees
What are the basis for liability?
1) duty
2) breach of duty
3) injury
4) causation
What are the common causes of improper disclosure of health information?
Defamation: harming ones reputation
Invasion of privacy
Breach of confidentiality
Infliction of emotional distress
What are some immunity from liability?
Governmental immunity aka sovereign
Good samaritan statutes
