Unit 2: Intentional Torts

Question 1

Tort definition

Answer 1

A civil wrong for which law will provide a “remedy” to recover damages

Question 2

Liability

Answer 2

Legal obligation or responsibility by a party

Question 3

Tortfeasor

Answer 3

Person who commits a tort

Question 4

Informed consent

Answer 4

agreement to permit a medical procedure after disclosure of all relevant facts needed to make an intelligent decision

Question 5

Assault

Answer 5

conduct that places a person in apprehension of being touched in a way that is insulting, provoking, or physically harmful

Question 6

Battery

Answer 6

actually touching

Question 7

Torts can be broadly divided into wrongs committed against (2)

Answer 7

• a person
• property (personal or real)

Question 8

Another term for Liability without fault is …

Answer 8

strict liability

Question 9

3 classifications of torts:

Answer 9

1. Negligence
2. Intentional
3. Strict liability

Question 10

What is outrage?

Answer 10

intentional infliction of emotional distress

Question 11

3 defenses to intentional torts:

Answer 11

1. consent
2. privilege
3. personal defense

Question 12

Burton v. Leftwich

Answer 12

ruled against physician for slapping infant while trying to remove sutures

• to the point there were bruses on both legs

Question 13

Mattocks v. Bell

Answer 13

ruled for resident for slapping infant on the face who was biting him during exam

• resident tried other means to let go of finger
• not hard enough to leave a mark

Question 13

Schloendorff v. Society of New York Hospital

Answer 13

Ruled against physician who operated without consent while patient was under anesthesia

• example of battery

Question 14

Which department helps against torts?

Answer 14

Hospital Risk Management departments

Question 14

Defamation

Answer 14

action of damaging someone’s reputation

Question 15

Defamation: libel

Answer 15

written defamation

Question 16

Defamation: slander

Answer 16

oral defamation

Question 16

Defenses against defamation (5)

Answer 16

1. truth of a statement
2. statements said in good faith
3. statements to other phys abt care
4. authorization for disclosure
5. lack of publication to a 3rd party

Question 16

Stowers v. Wolodzko

Answer 16

psychiatrist held liable for his treatment of a patient who had been forcibly committed against her will

• false imprisonment

Question 17

To be considered an invasion of privacy, it must include these elements: (3)

Answer 17

1. existence of a duty to not disclose health info
2. breach of duty
3. damages

Question 18

True or false:

Courts may make exceptions in cases of public figures and individuals in newsworthy situations

Answer 18

true; BUT identiy of individual is protected

Question 19

Misrepresentation involves attempts to persuade a pt to _____ OR ____

Answer 19

1. submit to treatment
2. misrep of prior treatment/its results

Question 20

Hundley v. Martinez

Answer 20

patient found out years later that a botched eye treatment was the reason that he had lost vision in his eye

Question 20

Johnson v. McMurray

Answer 20

doctor’s concealed a significant fact of surgery and a jury could award damages

Question 21

True or false:

Misrepresentation will sometimes allow a patient to bring suit after statute of limitations.

Example: ___

Answer 21

True

Question 22

Rockhill v. Pollard

Answer 22

after car accident; doctor was rude and dismissive and did not provide care to mother and infant; let them stand waiting in the cold; subsequently found that infant had severe head injury

Question 23

Widgeon v. Eastern Shore Hospital Center

Answer 23

violation of civil rights

Question 24

4 elements of strict liability a plaintiff must prove

Answer 24

1. Sustained damages
2. Defendant was engaged in business of manufacturing, assembling, selling, leasing, or distributing the product in question
3. Product was supplied by defendant in a defective condition that rendered it unreasonably dangerous
4. Defective condition proximately caused the plaintiff’s damages

Question 25

Immunity

Answer 25

Protects certain persons or groups from tort

Question 26

example of immunity

Answer 26

Good Samaritan statutes

Question 27

Stature of Limitations

Answer 27

• Fixed time period in which lawsuit must be brought (varies by state, type of lawsuit, age of plaintiff)

Question 28

Why do physicians need to have medical malpractice insurance?

Answer 28

protect themselves from claims for medical negligence or other injury arising out of care provided to patients

Question 29

5 reasons why statute of limitations may be suspended:

Answer 29

1. Injury reasonably not discovered
2. Injured individual dies: executor sues
3. Removal of individual’s disability
4. Tortfeasor concealed wrongdoing
5. Minor reaches age of majority (20yrs)