Intentional Torts in Healthcare
Select one of the intentional torts discussed in your text and provide an example of how this tort takes place in healthcare. As leader of your own healthcare facility, what steps could you take and what processes could you implement to reduce the risk of this tort occurring in your own facility?
At least 8 to 9 sentences with APA references
2, response to J.C
The two main types tort are intentional and unintentional tort. Intentional tort is an act of the defendant that result into injury of the plaintiff at his/her gain where as unintentional tort result into injury of the plaintiff due to act related to the responsibility f a defendant. the defendant may not gain from the act.
Intent is vital in this definition pertaining to torts.
What are torts in healthcare?
Medical malpractice, or negligence law, is just one subset of the legal behemoth that is tort law. A tort is generally defined as a civil wrong which causes an injury, for which a victim may seek damages, typically in the form of money damages, against the alleged wrongdoer." (https://rehabilitationrobotics.net/what-is-an-example-of-an-intentional-tort-in-the-medical (Links to an external site.))
Responses
ML response to the following
3, An intentional tort occurs when someone wrongfully and purposefully acts and causes harm to another. They do not necessarily need to intend to cause the eventual outcome for an intentional tort claim to be valid. Still, they need to plan to commit the wrongful act according to most intentional tort cases and civil law doctrine. The consequences of intentional torts and the deliberate infliction of harm can be severe, including bodily harm, emotional distress, actual property destruction, harmful contact, offensive contact, personal property loss, and other serious side effects.
An example of intentional tort mentioned in our text is false imprisonment. It is the unlawful restraint of an individual‘s liberty or the unlawful confinement. The personal right to move freely and without hindrance is fundamental to the legal system. Any intentional infringement on this right may constitute false imprisonment. Actual physical force is not necessary to include false imprisonment. False imprisonment may occur when an individual physically confined to a given area reasonably fears detainment or intimidation without legal justification. Words, threats, or gestures may imply both intimidation and forced detainment. Excessive force used to restrain a patient may produce false imprisonment and battery liability. One example of false imprisonment in healthcare is when a patient is held involuntarily by nursing home staff who medicated a patient without their consent under physical or emotional threat. A critical element in this claim would be that the person held believed that they could not leave reasonably.
However, they would have to sign an AMA order to leave the facility, covering the facility for liability.
What Are Intentional Torts? (Examples of Most Common Types) (rosen feld injury lawyers.com) (Links to an external site.)
Showalter, J. S. (2020). The law of healthcare administration. Health Administration Press.
