1. Civil Liability Issues Chapter 7

2. 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

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

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

5. Copyright © 2007 Thomson Delmar Learning Explain the difference between slander, slander per se, and libel. Identify the four invasion-of-privacy torts. Objectives

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

7. Copyright © 2007 Thomson Delmar Learning Three Basic Types of Torts 1.Intentional 2.Negligence 3.Strict liability

8. 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

9. 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

10. Copyright © 2007 Thomson Delmar Learning Battery by Medical Personnel Treatment provided against a person’s will Exceeds consent granted by patient If consent is obtained through fraud –Doctor not licensed –Medical procedure is a sham –Without informed consent

11. 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

12. 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

13. Copyright © 2007 Thomson Delmar Learning Assault Placing another in fear or apprehension of an imminent battery Damages are presumed

14. Copyright © 2007 Thomson Delmar Learning False Imprisonment Unlawfully restraining free movement of another against that person’s will Does not require imprisonment Restraint must be complete Once proven, damages are presumed and actual damages are also allowed

15. 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

16. 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

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

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

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

20. Copyright © 2007 Thomson Delmar Learning Trespass Examples Dumping rubbish on someone’s property Flying a model airplane over someone’s house Building a fence on a neighbor’s property

21. 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

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

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)

24. Copyright © 2007 Thomson Delmar Learning Defamation Damage to another person’s reputation –False, harmful, and unprivileged statements Two types –Slander = oral –Libel = written Both require publication

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”

26. 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

27. Copyright © 2007 Thomson Delmar Learning Defenses to Defamation Truth –An absolute defense to defamation Privilege Defamation of a public figure requires actual malice

28. Copyright © 2007 Thomson Delmar Learning Invasion of Privacy Four distinct torts 1.Unreasonable intrusion on seclusion 2.Appropriation of another’s name or likeness 3.Unreasonable publicity 4.Publicity placing another in a false light

29. Copyright © 2007 Thomson Delmar Learning Damages for invasions of privacy may include amounts for: –Resulting illness –Harm to victim’s business interests –Profits that the perpetrator may have recognized from his or her misconduct Invasion of Privacy

30. Copyright © 2007 Thomson Delmar Learning Damages may be presumed for affront to person’s dignity –Similar to other intentional torts such as battery, assault, and false imprisonment Invasion of Privacy

31. Copyright © 2007 Thomson Delmar Learning Summary Definition of a tort Battery Assault False imprisonment Consent

32. Copyright © 2007 Thomson Delmar Learning Intentional infliction of severe emotional distress Trespass Trespass to chattels Conversion Summary

33. Copyright © 2007 Thomson Delmar Learning Fraud Bad faith Defamation Invasion of privacy Summary