Ethics Chapter 7 - Intentional & Quasi-Intentional Torts

Without the consent of the patient, or absent an emergency, what can be battery?

any touching of a patient can be battery

What precedes battery?

assault

The primary types of intentional torts

assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass.

Every state outlines only limited situations

in which a person may release information without his consent

In a tort, the case is brought by?

individual harmed

it is enough to be able to demonstrate that any reasonable person would or should be substantially certain that specific results will follow from his or her actions.

intent

intent follows the bullet.

intent may also be transferred.

intentional torts require that there be an

intentional interference with an individual's person, reputation, or property.

Informed consent are required for?

invasive procedures

Two types of defamation

libel and slander

Strict Liability

relationship to or ownership of the thing that caused harm when a person places another person in danger

false imprisonment

restraint of a person so as to impede his or her liberty without justification or consent.

In psychiatric settings, best defense against false imprisonment?

show all requirements of involuntary admission were met

When entering a hospital, patients?

sign a general consent

All quasi-intentional torts are based on what?

speech

What does an intentional tort require?

that there be an intentional interference with an individual's person, reputation, or property

To be falsely imprisoned?

the confinement itself must be within a specific area by means of physical barrier an/or physical force or threat of physical force, and the person must be aware of confinement

Cases of negligence must prove?

the four elements of negligence which are duty, dereliction of duty, damages, and direct cause

Invasion of Privacy, in most cases

the information is true but is information that the person wants to keep private

Under no circumstances are restraints?

to be sued for the convenience of staff to control an unruly patient

In regards to restraints, home care personnel are not available for a sufficient amount of time

to evaluate the patient's response to the restraints ,to evaluate the need for continued use of restraints ,to determine whether the restraints are being used properly, or to determine how the patient is being monitored while in restraints

Intentional tort

A category of torts that describes a civil wrong results from an intentional act on the part of another person or entity.

What can happen if a healthcare provider gives the wrong patient an injection?

Although transferred intent rarely occurs in the medical setting, the provider can be liable for battery and negligence, even though he has no intent to harm that patient or any conscious desire to administer the injection to the wrong patient

Trespass

An unlawful intrusion that interferes with one's person, property (called "chattels"), or land.

Defamation

Any intentional false communication, either written or spoken, that harm's a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Sexual Assault

Any type of sexual activity unwanted or unwelcomed by a person.

What are grouped together but are two separate torts?

Assault and battery

What is absolute defense of defamation?

Truth Even if a true statement damages a person's reputation, it is not actionable as defamation

Which type of tort has at its essence the relationship to or ownership of the thing that causes harm? A. intentional torts B. quasi-intentional torts C. strict liability D. negligence

C. strict liability

Documentation for using restraints should include A. the type of restraint B. the patient's attitude about being restrained C. the type of monitoring the patient will require D. age of patient

C. the type of monitoring the patient will require

Intentional infliction of emotional distress

Type of conduct that deliberately causes severe emotional trauma to the victim.

What can help you understand the coverage provided by your policy?

Reading the policy and asking your agent questions

Informed consent

Same as consent but, in the medical field, more detailed, listing and covering all possible risks and potential prognoses for having a treatment or procedure done and the alternatives available.

Slander

Spoken or verbal communication in which one person discusses another in terms that harm the person's reputation.

Quasi-Intentional Torts include?

1- Defamation 2- Invasion of privacy 3- Breach of confidentiality

With restraints, the best defense against false imprisonment?

1- Document behavior that necessitated restraints ,2- Document use of restraints for patient safety 3- Do not use restraints in home care setting

Invasion of Privacy is Intruding upon another's right to privacy by what?

1- Publishing private fact 2- Placing person in false light 3- Interfering with seclusion 4- Appropriating name or likeness

False imprisonment arises in what 3 settings?

1- With involuntary psychiatric commitments 2- With use of restraints, physical or chemical; 3- When a patient attempts to leave hospital against medical advice

trespass to land occurs when

1- occurs when one enters another's land without consent 2-occurs most often in home healthcare

Some statements are defamatory per se

1. Allegations of sexual misconduct or criminal behavior 2. Allegations that plaintiff is afflicted with a loathsome disease 3. Plaintiff does not need to prove actual damage to reputation

Intentional and Quasi-Intentional Torts and Insurance Policies

- Many insurers now excluding coverage for intentional torts- especially sexually misconduct Know your policy's coverage

When patient is leaving Against Medical Advice, what can or cannot be done?

- discuss possible consequences of leaving - cannot bar patient from leavingYou cannot prevent patient from collecting clothes and other personal belongings, and you cannot attempt to touch the patient in an effort to make him stay

Other potential claims for trespass to land include?

- those against the patient who refuses to leave a facility after being discharged and - against visitors in facility who refuse to leave after visiting hours

Assualt

A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact.

Quasi-Intentional tort

A voluntary act that directly causes damage to a person's privacy or emotional well-being, but without the intent to injure or to cause distress.

Tort

A wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or like, and for which the injured party is entitled to compensation.

A healthcare professional who believes that an unconscious patient should receive a certain treatment, but knows that the patient's religious beliefs prohibit such treatment faces A. an ethical dilemma B. assault C. implied consent D. battery

A. an ethical dilemma

Raising a hand to strike a patient, even if the patient was not touched, can be considered A. assault B. battery C. libel D. abuse

A. assault

Consent is implied A. when the patient's life is threatened if the procedure is not performed B. when the physician acts in the patient's best interest C. when the physician finds out other concerns during the course of surgery D. during all of these situations

A. when the patient's life is threatened if the procedure is not performed

Can torts be crimes?

All torts can be crimes but most crimes are not torts. If prison is the penalty, then action is a crime. If money damages are the penalty, then the action is a tort.

As a result of increased use of computers in the healthcare setting, the following was established to decrease the potential for breach of confidentiality: A. OSHA B. HIPAA C. Ethics D. CMS

B. HIPAA

If a tort is committed A. an individual brings the case against the state. B. an individual brings the case against another individual C. the state brings the case against an individual D. the federal government and the state bring the case against an individual

B. an individual brings the case against another individual

What about assessments of employees' job performance?

Be cautious with assessments of employees' job performance to prospective employers

Battery

Bodily harm or unlawful touching another. in the medical field, treating a patient without consent is considered battery.

An example of medical battery is A. violating a patient's confidentiality B. the patent asks you to remove a catheter and you do so. C. a surgeon removes the wrong organ during surgery D. a physician is placing a cast on a patient, and the physician slips and falls and injures the patient in the process

C. a surgeon removes the wrong organ during surgery

What is implied consent?

Consent implied in emergencies

Implied consent

Consent that is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation.

Use of a restraint on a nursing home patient who is constantly wandering the halls is an example A. slander b. assault C. abuse D. false imprisonment

D. false imprisonment

Which would not appear in an institution's policy on use of restraints? A. under what circumstances restraints may be used B. what type of monitoring the patient will require C. what documentation is adequate to justify use of restraints D. what type of restraints can be used

D. what type of restraints can be used

No matter what theory of liability, under no circumstances...

Medical practitioners, nurses, or allied health personnel to have sexual relations with their patients

4 types of torts

NEGLIGENCE INTENTIONAL TORTS QUASI INTENTIONAL TORTS STRICT LIABILITY

Liability

Obligations under law arising from civil actions or torts.

Consent

The acknowledgement of one (usually the patient) to the risks and alternatives involved in a treatment and the permission for the treatment to be performed. This can be in some cases a verbal consent but in the medical field is usually a written document.

Malpractice

The failure of a professional to meet the standard of conduct that a reasonable and prudent member of their profession would exercise in similar circumstances; results in harm.

Negligence

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances

Breach of confidentiality

The public revelation of confidential or privileged information without an individual's consent.

Intent

The willful decision to bring about a prohibited consequence.

Invasion of privacy

The wrongful intrusion into private affairs with which the perpetrator or the public has no concern.

Libel

Written, printed, or other visual communication that harm's another person's reputation.