Liability for intentional Conduct (torts)

What is an intentional tort

an intentional wrong committed against a person or their property

what does intentional tort require

requires an injury

which type of tort allows for punitive damages

intentional tort

can intentional tort occur even if the person causing the injury didn't mean to do it

yes

when a person "reasonably anticipates, or has apprehension of fear about an impending battery"

assault

unjustified and unexcused harmful, offensive, or otherwise impermissible intentional contact

battery

can include acts that cause pain or impairment, or touching that is offensive

battery

t/f: all defemation is untrue

true

untrue communication that hurts a person's reputation

defamation

what are the three kinds of defamation

slander, libel, business disparagement

which form of defamation is false communication that hurts one's business reputation

business disparagement

which form of defamation is transmitted by all other means, i.e., in print, by e-mail, video or audiotape

libel

what are the defenses to defamation

truth, privilege, reporting statutes and requirements

what are some examples of reporting statutes and requirements as part of defenses to defamation

child abuse, domestic abuse, elder abuse

occurs when a healthcare provider intentionally, unlawfully restricts a person's movement

false imprisonment

t/f: with false imprisonment, the person must be aware of the fact that he or she is being confined

true

intentional false representation or concealment...designed to deceive another person to their detriment

fraud

what are some examples of fraud

false billing, kickbacks or bribes for referrals, physician self referral

what is physician self referral prohibited by

stark law

what are the 4 sub categories of invasion of privacy

1. unreasonable intrusion

2. false light publicity

3. misappropriation

4. publiv disclosure of private facts

which invasion of privacy subcategory is this:

a defendant must intrude (1) physically or otherwise, upon the seclusion or solitude of another person (2) in such a way that is deemed highly offensibe

unreasonable intrusion

which invasion of privacy subcategory is this:

a defendant violates a plaintiffs privacy right in some way and disseminates private information about the client to a third party who does not have a legitimate right to the information

false light publicity

which invasion of privacy subcategory is this:

unauthorized use of a plaintiff's name and/or likeness for the defendant's personal gain

misappropriation

which invasion of privacy subcategory is this:

(1) defendant publicizes information about a person that is a personal nature (2) highly offensive from a view point of an ordinary, reasonable person (3) subject matter of the disclosure is not legitimately in the public interest

public disclosure of private facts

what are the two classifications of sexual abuse in health care

sexual assault and battery, and consensual abuse

what is this an example of:

a therapist has a fiduciary responsibility to maintain a professional relationship, and not allow an intimate personal relationship to develop

sexual misconduct