Copyright 2007 Thomson Delmar Learning Objectives Define
Intentional torts of battery, assault, false imprisonment,
intentional infliction of severe emotional distress, trespass,
trespass to chattels, conversion, and misrepresentation
Slide 3
Copyright 2007 Thomson Delmar Learning Explain how consent is a
defense to battery, assault, and false imprisonment. Define implied
and informed consent. Explain that a competent adult has an
absolute right to decline medical care. Objectives
Slide 4
Copyright 2007 Thomson Delmar Learning Identify factors
involved in determining if a person lacks capacity to consent to,
or decline, medical care. Explain what should be done to document
refusals of care against medical advice. Objectives
Slide 5
Copyright 2007 Thomson Delmar Learning Explain the difference
between slander, slander per se, and libel. Identify the four
invasion-of-privacy torts. Objectives
Slide 6
Copyright 2007 Thomson Delmar Learning Civil Liability Tort A
civil wrong Definition Committed by one or more parties that cause
injury to another Law allows a remedy of monetary damages
Slide 7
Copyright 2007 Thomson Delmar Learning Three Basic Types of
Torts 1.Intentional 2.Negligence 3.Strict liability
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Copyright 2007 Thomson Delmar Learning Battery Battery is an
intentional unpermitted contact with another person Includes a
broad range of acts Does not require hostile intent Damages are
presumed plus defendant is liable for any actual damages
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Copyright 2007 Thomson Delmar Learning Consent Defense to a
battery Voluntary and knowingly given Person must have capacity to
consent Critical consideration for emergency responders
Slide 10
Copyright 2007 Thomson Delmar Learning Battery by Medical
Personnel Treatment provided against a persons will Exceeds consent
granted by patient If consent is obtained through fraud Doctor not
licensed Medical procedure is a sham Without informed consent
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Copyright 2007 Thomson Delmar Learning Informed Consent Patient
must be informed of what the procedure involves and possible risks
Lesser requirement in prehospital environment Patient still must
consent Consent can be implied from lack of refusal
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Copyright 2007 Thomson Delmar Learning Implied Consent
Treatment rendered to person unable to consent Provider must have
no reason to believe treatment would be declined Treatment
necessary to save life and limb
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Copyright 2007 Thomson Delmar Learning Assault Placing another
in fear or apprehension of an imminent battery Damages are
presumed
Slide 14
Copyright 2007 Thomson Delmar Learning False Imprisonment
Unlawfully restraining free movement of another against that
persons will Does not require imprisonment Restraint must be
complete Once proven, damages are presumed and actual damages are
also allowed
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Copyright 2007 Thomson Delmar Learning Restraint Physical
barriers Threats of force Assertion of legal authority Restraint
need only be momentary Person must be aware of restraint False
Imprisonment
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Copyright 2007 Thomson Delmar Learning Intentional Infliction
of Severe Emotional Distress Intentional or reckless conduct that
may cause severe emotional distress to another Must be more than
simple joking or teasing Beyond bounds of decency
Slide 17
Copyright 2007 Thomson Delmar Learning Typically involves
outrageous hazing or a continuous pattern of conduct directed at a
person Telephone calls, hate mail, threats Single action will
suffice Intentional Infliction of Severe Emotional Distress
Slide 18
Copyright 2007 Thomson Delmar Learning Trespass Intentional
entry onto land of another without consent Trespasser is liable for
any damages Intentional, careless, or accidental fires
Slide 19
Copyright 2007 Thomson Delmar Learning First criterion Someone
who enters the land of another without permission Second criterion
Someone who enters land of another after having been warned not to
Trespass
Slide 20
Copyright 2007 Thomson Delmar Learning Trespass Examples
Dumping rubbish on someones property Flying a model airplane over
someones house Building a fence on a neighbors property
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Copyright 2007 Thomson Delmar Learning Conversion Unauthorized
taking of personal property Allows civil recovery of damages for
property that is stolen, embezzled, destroyed, or damaged
severely
Slide 22
Copyright 2007 Thomson Delmar Learning Misrepresentation
(Fraud) Misrepresentation or deceit False representation of
material fact Made with intent to induce victim to rely thereon,
resulting in damages
Slide 23
Copyright 2007 Thomson Delmar Learning Bad Faith New tort Arose
out of insurance contract law Intentional failure to comply with
terms of a contract (usually insurance)
Slide 24
Copyright 2007 Thomson Delmar Learning Defamation Damage to
another persons reputation False, harmful, and unprivileged
statements Two types Slander = oral Libel = written Both require
publication
Slide 25
Copyright 2007 Thomson Delmar Learning Slander False spoken
word or gesture Generally must prove monetary loss Monetary loss =
special damages Lost business, lost wages, psychiatrist bills, etc.
Exception Slander per se
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Copyright 2007 Thomson Delmar Learning Libel Written or printed
falsehoods Damages are presumed Even in absence of actual monetary
loss At common law Libel was a crime
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Copyright 2007 Thomson Delmar Learning Defenses to Defamation
Truth An absolute defense to defamation Privilege Defamation of a
public figure requires actual malice
Slide 28
Copyright 2007 Thomson Delmar Learning Invasion of Privacy Four
distinct torts 1.Unreasonable intrusion on seclusion
2.Appropriation of anothers name or likeness 3.Unreasonable
publicity 4.Publicity placing another in a false light
Slide 29
Copyright 2007 Thomson Delmar Learning Damages for invasions of
privacy may include amounts for: Resulting illness Harm to victims
business interests Profits that the perpetrator may have recognized
from his or her misconduct Invasion of Privacy
Slide 30
Copyright 2007 Thomson Delmar Learning Damages may be presumed
for affront to persons dignity Similar to other intentional torts
such as battery, assault, and false imprisonment Invasion of
Privacy
Slide 31
Copyright 2007 Thomson Delmar Learning Summary Definition of a
tort Battery Assault False imprisonment Consent
Slide 32
Copyright 2007 Thomson Delmar Learning Intentional infliction
of severe emotional distress Trespass Trespass to chattels
Conversion Summary
Slide 33
Copyright 2007 Thomson Delmar Learning Fraud Bad faith
Defamation Invasion of privacy Summary
