1. TORTS FOR HEALTHCARE

2. Types of Torts
A tort is a wrongful act under civil law not criminal law.
Can have overlap between tort and a crime
Intentional v. negligent
Harm to person v. property(not relevant to healthcare)

3. Intentional Harm To Person
Most common type of tort
Assault
Battery
Wrongful Death (homicide)
False Imprisonment
Invasion of privacy
Defamation
Intentional infliction of emotional distress

4. Assault Reasonable apprehension of Violent injury from
Unlawful act of another
At time when other has apparent ability to carry out threat
May also be attempt at bodily harm
Assault is the threat not the follow through with the threat
No injuries except emotional distress (fear) so don’t usually see this alone because damages are nominal.

5. Battery Intentional touching Of one person by another Without consent
Person includes clothing worn and objects held
Presumed consent (crowds at sports events, elevators, crowded hallways, existing relationships with healthcare provider)
Physical injury, medical damages

6. Wrongful Death Death of a human being
Caused by intentional act of another
What are the damages, money is calculated by # of years of life expectancy and salary will give you amount (worth).
Suing for loss of income that the person brings to family cannot get emotional distress money unless present at death.
Will not get money for death of a child
Assisted suicide is not wrongful death if there is an advanced directive and you follow them (hydration, food) the provider is not liable

7. False Imprisonment
Unlawful confinement to bounded area of one person by another for any length of time
Whereby victim is deprived of liberty
Longer they are confined the greater the damages
Psychiatric patients if have appropriate commitment order will not be unlawful (72 hour)

8. Invasion of Privacy Public Disclosure of private facts not opinion
(most common)
Which are highly offensive and objectionable to reasonable person
And are not matter of public concern (STD info.) and there is no “need to know” (privilege disclosure)
Also a HIPPA violation
Tort for emotional damages pain and suffering

9. Defamation
Untruthful statement of fact (if statement opinion or true not defamation)
Published to a third party
Without privilege
Internal privilege (telling supervisor or separation notice with unemployment)
Which injuries reputation of person whom statement was made
Can be written (libel) or spoken (slander)
Damages normally have to be shown but may be presumed
Torts have to show wrongful act occurred and damages occurred

10. Infliction of emotional distress
Intentional or reckless conduct which is EXTREME AND OUTRAGEOUS and causes SEVERE EMOTIONAL DISTRESS
Extremely hard tort to prove in Georgia
Everyone wants to raise this but very few succeed

11. Types of Torts Intentional v. negligent Harm to person
Very hard to prove intentional acts

12. Negligence
Failure to perform legal duty (standard of care) which was proximate cause of damages suffered by another
Also the damage was reasonably foreseeable
Malpractice is negligence of a professional
All malpractice is negligence not all negligence is malpractice
Burden of proof higher in a criminal case (beyond a reasonable doubt ) then civil tort (burden of preponderance)