L2- Contracts and intentional tort Flashcards
violation of private laws end in
result only in money damages
private laws are
civil actions in torts and contract law
tort is
a personal injury
contract - breach of contract
a contract is a PROMISE or set ot promises the performance of which the law recognizes as a duty and if breached the law gives a remedy
contracts
an implied contract exists between a doctor and a patient
a doctor who refuses to see or neglects a patient of record may be sued for patient abandonment
patient abandonemnt example
a dentist deserting, not being availabel, t a patient under treatment at any time the patient may reasonably require assistance
wants an appointment or wants to speak with them and does not book or talk with them
torts
a tort is a wrongful act or injury that results from a breach of duty, for which the injured party can recover damages in a civil action –
types of torts
intentional - intent assumed
unintentional – harm not intended
unintentional tort
negligence
- malpractice - professional negligence
where the personal injury is teh result of treatment
*primary legal action in which dentist/ doctor is sued
intentional tort examples (first main 4)
- assult and battery
- defamation
- breach of confidentiallity
- misrepresentation
- deceit
- fraud
- trespass to the person
- false imprisonment
assault and battery
- give example
INTENTIONAL TORT
unauthorized touching
no consent from patient to do the procedure
- example: taking out wrong tooth
defamation?
two forms?
if goes to court
INTENTIONAL TORT
- the publicatoin of anything injurious to the good name or reputation of another, or which tends to bring him her into disrepute
libel (written) and slander (verbal)
verbal opinions about patient or colleague
attack on character that is done PUBLICLY – so moment a third person comes in – it becomes a publication
intetnional - ASSUME intended - b/c unprofessional and improper
breach of confidentiality
intentional tort
disclosure of confidential patient information
misrepresentation
intentional tort
withholding information about treatment
like crown and dont need one
decay and dont have any
untruth / limited truth for own benefit
court finds this occurs – ASSUMES INTENT TO HARM
civil wrongs result
- what happens in end
victims are compensated through money damages assessed against the person who breached the contract or who committed the tort
monetary damages
damages that mitigate or lessen the injury are known as SPECIAL DAMAGES
damages for pain and suffering are known as GENERAL DAMAGES
in RARE cases, PUNITIVE DAMAGES may be assessed against the wrongdoer as punishmet
SPECIAL DAMAGES
damages that mitigate or lessen the injury are
deress the harm
TORTS ARE PERSONAL INJURIES
YES
GENERAL DAMAGES
damages for pain and suffering are known as this
like loss of time at work
PUNITIVE DAMAGES
monetay damages
- may be assessed against the wrongdoer as punishment
to punish the doctor – more serious cases
three types of monetary damages
- special
- general
- punitive (usually insurance does not cover this - like personal liability coverage)
civil assault and battery
taking out wrong tooth could be considered
courts assume intend to harm?
yes - assume they should know better and for example will not have a wrong site procedure done
why assulat and battery considered intentional
tort is
personal injury
violation of common law is
a tort
violation of a contract is called
a breach of contract
T/F implied contract exists
true — implied this exists between doctor and patient of record
abandonment
doctor refuses to see or neglects a patient of record may be sued for patient abandonment
if you give professional opinion they become a pt of record?
yes - if you have a license
MAIN legal action under contract
abandonment
if a court determines that there was assault and battery..the court will
ASSUME THE DOCTOR INTENDED TO HARM THE PATIENT
- intentional tort
why court assume intent to harm
they should know better
- expect to go to doctor and have the right procedure done
professinoal liability insurance covers
covers special and general damages
NOT PUNITIVE damages
