Liability for Intentional Conduct

Question 1

What are intentional torts?

Answer 1

conduct in which a person intends that the resulting consequences of the act or omission occur or in which the person engaging in the conduct knows will result in injury to a person or a person’s property

Question 2

Why is the term intentional tort misleading?

Answer 2

The person committing the intentional wrong did not have any specific intent to injure a victim

Question 3

What is the advantage to a patient filing a malpractice case as an intentional wrong rather than professional negligence?

Answer 3

expert testimony regarding the professional standard of care is not required

Question 4

What is the disadvantage to a patient filing a malpractice case as an intentional wrong rather than professional negligence?

Answer 4

the health care professional’s liability insurer may not cover (indemnify) the insured

Question 5

Acts vs. Omissions

Answer 5

An act involves affirmative, volitional, intended conduct

An omission involves the intentional and wrongful failure to act when one has a legal duty to act

Question 6

What are 3 examples of an omission?

Answer 6

1) Provider leaving a patient under their care without supervision
2) Patient abandonment
3) Failure to communicate crucial information regarding the patient’s care to those having an official need to know

Question 7

What is assault?

Answer 7

the victim reasonably anticipates, has apprehension or fear regarding an impending battery
For Example: A patient feels threatened to perform tasks quickly

Question 8

What is battery?

Answer 8

unjustified and unexcused harmful, offensive, or otherwise impermissible contact by a tortfeasor with another person
For Example: Offensive contact, harmful contact (causing pain, impairment, or disfigurement)

Question 9

What are the 3 recognized complete defenses to the torts of assault and battery?

Answer 9

1) Consent
2) Self defense
3) Defense of others

Question 10

What is defamation?

Answer 10

False communications of purported fact about a person that harm the victim’s positive personal reputation in the eyes of a significant number of people in the victim’s community

Question 11

What are the 2 primary classifications of defamation?

Answer 11

1) Slander

2) Libel

Question 12

What is slander?

Answer 12

a defamatory communication transmitted orally or through signing

Question 13

What is Libel?

Answer 13

a defamatory communication transmitted in writings, film, video and audiotape, or computer transmissions

Question 14

What are 3 complete defenses to defamation?

Answer 14

1) Defense of the truth – what was said regarding the plaintiff was true
2) Privilege
Certain members of society are granted by law an absolute privilege to make defamatory statements about others
HCPs may have a qualified privilege to make statements regarding others that are believed to be true
3) Constitutionally Protected Speech

Question 15

What 7 things we as HCPs are required to report?

Answer 15

1) Child abuse
2) Domestic (spousal) abuse
3) Elder abuse
4) False Imprisonment
5) Fraud
6) Invasion of Privacy
7) Sexual Misconduct

Question 16

What is False Imprisonment?

Answer 16

An intentional act to unlawfully restrict a patient’s movement

Question 17

2 Examples of False Imprisonment

Answer 17

• Involuntary commitment to a psychiatric hospital

- Unjustified physical restraint of a patient

Question 18

What is Fraud?

Answer 18

The intentional false representation of a material fact designed to deceive another person

Question 19

What percent of all health care expenditures does fraud account for?

Answer 19

10%

Question 20

What are the 4 principle forms of invasion of privacy?

Answer 20

1) Intrusion upon patient solitude
2) False-light publicity
3) Misappropriation (unauthorized use of pt’s name or likeness)
4) Public disclosure of private patient facts

Question 21

Rather than participating in sexual misconduct what type of relationship should HCPs and their patients have?

Answer 21

Fiduciary relationship

Question 22

What 4 things will you do to decrease your risk of liability for intentional conduct?

Answer 22

1) Same sex chaperone
2) “knock and enter” policy
3) Informed consent policy
4) Ongoing continuing education of your staff