In your project this week, you will explore advanced directives, torts and your role in healthcare while respecting patient’s rights. You will be evaluated on each project on the accuracy of your responses, the completeness of your responses, your ability to think critically about each situation and your overall writing ability. Your responses to the questions below should be constructed in complete sentences using proper grammar, spelling and punctuation. In addition to the grading standards found in the syllabus, projects will also be graded on accuracy and application of course materials. Each answer should be at least one paragraph in length, include supporting facts from the textbook, and an in-text citation. Your project …show more content…
You as a professional can give them the pros and cons and the benefits and risks of all situations at hand. 7. If surgery was performed on the patient without his consent, what type of tort would you classify this action as? (assault, battery, fraud, defamation of character, false imprisonment or invasion of privacy) Why? The proper tort for complete failure of consent is called battery. Battery is intentional unpermitted touching. It boils down to is the healthcare professional needs to discuss with patient and get consent. 8. Would you classify the action to be an intentional or unintentional tort? Why? The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party. 9. Would this be considered a matter of civil or criminal law? Why? Civil law deals with breaches. Crimes are prosecuted by the state. The problem is civil tort law has a wide variety of legal claims. Assault, battery, trespass, and theft are all types of intentional tort civil law. 10. If this situation were to result in a lawsuit, what type of statute would determine how much time the patient would have to file a claim? How much time would a patient have to file a claim in the state in which you reside? Every state has its limits on filing a claim. This
Intentional Torts are defined as “voluntary acts that harm a protected interest” (McAdams, 2015, p. 279). The voluntary act must be found to be an intended act, done on purpose, even though the harm done by the act may not have been intended; however, the victim or plaintiff does not need to prove that the harm done was intended (p.279). In this particular case, was there an intentional act done by the airlines or pilot, which in turn caused injury to the plaintiff?
Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The
The process of consent should apply not only to surgical procedures but all clinical procedures and examinations which involve any form of touching. This must not mean more forms: it means more communication. As part of the process of obtaining consent, except when they have indicated otherwise, patients should be given sufficient information about what is to take place, the risks, uncertainties, and possible negative consequences of the proposed treatment, about any alternatives and about the likely outcome, to enable them to make a choice about how to proceed.”5
An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.
An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme.
(TCO G) Identify three medical liability classes and provide a specific example for each class. Explain how the individual or entity behaved or acted in a way that may result in legal action. (Points : 25)
For a plaintiff to triumph a claim of medical malpractice for negligence, four elements must be established. The first element is proving the defendant owed a duty of care to the plaintiff. The second is to show that the defendant breached the duty to the plaintiff. The third is to show that the plaintiff was harmed and experienced damages. Finally, the fourth is to show that the plaintiff was harmed by the actions of the defendant (Greenberg, 2009).
1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require intent. The person who committed the tort must have intended to cause harm. The harm, however, does not require malice or ill will, just the
The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict
Intentional tort is the willful and intentional actions of a person to purposely because general or specific loss or harm from or to others. Intentional tort includes battery, assault, and false Imprisonment Negligence is the failure of a person to practice the legal standards established to protect others against potential risk or harm. The main comparison between intentional tort and negligence is the fact of a person(s) knowing and willfully committing a wrongdoing that will or potential cause loss or harm to others. Hello a negligence claim are the defendant owed a duty of care to the plaintiff the defendant committed a breach of this duty and this breach was the actual and proximate cause of injury experienced by the plaintiff these are all the things needed to win a negligence case.(Mallor, 02/2015, p. 227)
The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010).
1. What liability do the other six partners in this medical practice have in connection with this lawsuit?
Remember: Intentional torts is when a person acts with intent of injuring a person his property or both.
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
No matter where the provision of care takes place either in a care environment or patient’s home; when coming in contact with patients consent raises