EXAMPLES OF TORTS

Question 1

assault

Answer 1

the threat and perceived ability to touch a person without permission

Question 2

battery

Answer 2

the intentional act of touching someone without that person’s consent

Question 3

false imprisonment

Answer 3

constraining a person against their will

Question 4

defamation of character

Answer 4

slander is false information spoken to a third party with the intent of harming a person; libel is false information written with the intent of inflicting harm.

Question 5

invasion of privacy

Answer 5

divulging or sharing information without patient consent

Question 6

infliction of mental distress

Answer 6

causing a patient serious emotional distress

Question 7

malicious betrayal of professional secrets

Answer 7

unauthorized disclosure of privileged information

Question 8

fraud in the fiduciary relationship

Answer 8

intentional misrepresentation of information

Question 9

abandonment

Answer 9

improper termination of patient care by physician

Question 10

D’s of negligence

Answer 10

1. The defendant must have an established duty toward the plaintiff
2. The defendant must be derelict in performing the duty.
3. The action must be the direct cause of injury.
4. Damages or injury must have occurred as a result of the action.

Question 11

misfeasance

Answer 11

the incorrect performance of a legal act

Question 12

malfeasance

Answer 12

the performance of an illegal act

Question 13

nonfeasance

Answer 13

the failure to perform when a duty exists

Question 14

contributory defense

Answer 14

the plaintiff is found to be at least partially responsible for injury and so the health care provider is not held liable for negligence

Question 15

comparative defense

Answer 15

damages are awarded based on a percentage of negligence for both plaintiff and defendant. With interviewing cause, an independent factor affected the outcome. Assumption of risk means that the patient voluntarily accepted the risks

Question 16

technical defense

Answer 16

decided by a judge as a point of law. When the evidence is so overwhelmingly against the health practitioner that the burden of proof shifts to the defendant it is called res ipsa Ioquitur (the thing speaks for itself)

Question 17

fiduciary relationship

Answer 17

the trusting relationship between a highly trained service-oriented person and a client seeking services

Question 18

consideration

Answer 18

bill/payment due