The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
Premium Injury Tort Damages
Intentional Tort is a purposeful act committed by a person against another person that results in harm. In this case it is a nursing assistant harming a patient. An example is a nurse put poison in the patient’s food to inflict harm on them. The case I found was about 16 year old Rachelle Harris. On July 4th‚ 1988 Rachelle tried to commit suicide and was checked into a psychiatric unit of Baptist Hospital. Rachelle was then raped by a nursing assistant on July 16th‚ 1988. Dr. Isabelle L. Ochsner
Premium Rape Sex Suicide
Intentional Tort of Defense Erica Davis Introduction to Tort June 7‚ 2012 Facts On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy‚ which he was a frequent customer. However‚ Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking
Premium Tort law Injury Grammatical person
compensation if they’re hurt due to someone else’s negligence‚ but there are many other torts that can lead to a personal injury suit. Vincent Criscuolo & Associates‚ a Rochester personal injury attorney committed to helping injured people get the compensation they deserve‚ explains some of the other common torts‚ as well as the defenses insurance companies and defendants might use to defeat a claim. Common Torts Intentional torts are circumstances in which an individual intended to cause actual harm to the
Premium
TORTS ESSAY ONE Scenario: Pilot‚ Dan and Farmer In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved 4 May 2015‚ from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved
Premium Tort Tort law Negligence
* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
Premium Tort Tort law
Intentional Tort Paper Unit 3 Holly Cord Kaplan University PA165-01 Intentional Torts Black’s Law Dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact.” This means that the tortfeasor does not have to make physical contact with the victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur. In fact if physical contact does
Premium Management Sociology Contract
4. If a custodian sues an employing physician for ordering her to lift a heavy bookcase that injures her back‚ is the issue of liability standard of care or duty of care? Duty of Care 5. What is the basis for most medical malpractice claims? High damage awards in tort cases have led to a malpractice insurance crisis for physicians. 6. A patient falls on a hospitals slippery tile floor and injures herself. Assuming that patient safety procedures were lax‚ what two undesirable occurrences
Premium Medical malpractice Duty of care Tort law
Chapter 4 Study Questions and Answers Define battery and give an example. Battery in the medical field can be as simple as a nurse or nursing assistant continuing to perform physical care after a patient has demanded not to be touched. Often‚ this form of legal tort is difficult to grasp and can be difficult to apply in real life situations. For example‚ (a rhetorical question)‚ can a patient claim a tort of battery if the patient fell but the patient screams to the nurse‚ "Don’t touch me!" Typically
Premium Health care Health care provider Health care proxy
physician’s services if they wish. 3. Patient responsibilities Patients are also part of the medical team involved in their treatment. Patients have the responsibility under an implied contract to: Follow any instructions given by the physician and cooperate as much as possible. Give all relevant information to the physician in order to reach a correct diagnosis. If a patient fails to inform a physician of any medical conditions he or she may have and an incorrect diagnosis is made‚ the physician is not
Premium Health Insurance Portability and Accountability Act Health care Medicine