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.