BREACH OF CONTRACT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENCE, DEFAMATION, MEDICAL ABANDONMENT, BREACH OF CONFIDENTIALITY ASSAULT, BATTERY,
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BREACH OF CONTRACT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
NEGLIGENCE, DEFAMATION, MEDICAL ABANDONMENT, BREACH OF CONFIDENTIALITY ASSAULT, BATTERY, FALSE IMPRISONMENT, FAILURE TO WARN
For each situation:
a. List the type of tort that could be brought forth for each incident.
b. State whether this tort is intentional or nonintentional.
c. Do you feel legislation is justified in this case? Why or why not?
- Harry is a resident at Oak Grove Retirement Community. He is finished eating dinner and would like to go lay down in his room. The nurse on duty is the only nurse on duty for these patients, and he needs to finish passing his meds. He knows that the gentleman can walk to his room by himself, but he doesn't want to be responsible for him wandering off, so he tells Harry that he cannot leave until he's done passing meds or until someone else comes to get him. Harry is furious, because he always walks to his room by himself after dinner. He calls his son to vent, and his son isn't amused.
- During his detox stay at a mental health facility, a patient was held down while convulsing. He was held down so hard that he had bruises on his upper arms.
- Mary is a patient at the General Dermatology Center. She has lesions on her skin that were biopsied, and they came back negative for cancer, but she has new growths she would like checked the wait to get in for an appointment is over 4 months. Mary has high anxiety and has called the facility several times per day trying to talk them into letting her come in for an appointment. The doctor has asked the Health Information Manager to call Mary to tell her she will no longer be her skin doctor because she is taking up too much of the staff's time.
- Dr Jennings is a psychotherapist who is treating a patient with severe anxiety, depression, and other mental health problems. His patient told him he's been trying to get his hands on a pistol so he can "get rid of" his x-wife. The patient followed through with his threats the following week.
- Doctor X is at a convention regarding cervical cancer. He's talking to other doctors about a celebrity whom he's treating who had to have her cervix removed. It was a hot topic because this celebrity has made it well known that she's been trying to get pregnant; it's all over the gossip magazines. He told them the celebrity's name during the conversation.
- A nursing home patient is afraid to ask a certain nurse for help because last time she asked him, he told her he would smack her if she kept asking for help.
- Mary went in for a c-section and asked the doctor to tie her tubes at the same time. All the paperwork was signed for both procedures, and as far as Mary knew everything went as planned. 3 months later Mary found out she was pregnant. When she went to the doctor, they said there is no record of the tubal ligation being done.
- Dr Gross was performing an open hysterectomy on Jane. While he was performing the surgery, he nicked the patient's bladder, causing her to have bladder repair and a catheter for several weeks while healing.
- It was Mary's first time working as an EMT. It was a busy night, and they were short staffed. There was a severe car crash on a rural road and Mary and Tom where the only EMTs available to take the call. When they got there, there was 1 victim with severe injuries. He ran into a telephone pole. This was Mary's first time experiencing any sort of trauma, and this one was bad. Mary was shaking and in tears, she wanted to go home because she simply couldn't deal with all the blood and lost limbs. Tom thought it was hilarious that Mary was such a "newbie" and forced Mary to stay; after all, it was just the two of them and he needed her help to save the patient's life. Mary vomited 3 times while trying to stabilize the patient. Tom just laughed and called her a Moron. He didn't call for additional help, but he made Mary "get her hands dirty" so she would learn how things are done in the EMT world. The patient ended up passing away, and Tom continued tormenting Mary- poking the severed arm at Mary to get her to freak out, along with other extremely inappropriate conduct.
Related Book For
Legal Research Analysis and Writing
ISBN: 978-1305948372
4th edition
Authors: William H. Putman, Jennifer Albright
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