https://padlet.com/emilydunphy28/qxppzd9usmeu Emily Dunphy- Torts en-us 2017-07-02 19:10:33 UTC 2026-02-14 11:15:28 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Condos.png emilydunphy28 https://padlet.com/emilydunphy28/qxppzd9usmeu/wish/177898603

A tort is an unjust act that doesn't involve a contract. 

 Usually called a civil wrong, not a crime.

Occurs when someone is injured because a health care provider fails to meet expected care standards.

Several different types including:  malpractice, negligence, assault and battery, invasion of privacy, and false imprisonment. 

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Malpractice is the failure of a professional to use their degree and learning expected of their profession, resulting in injury or damage to the person receiving care.

Facts: There are 17,000 malpractice cases in the U.S. every year. The average jury award is $800,000. The most common malpractice claim is a wrong surgery site. 

Example: Willie King visited a hospital in Tampa in order to have one diseased leg amputated. When he woke up, one leg was missing but it was the wrong leg. This resulted in King to have no legs, and the surgeon to have $10,000 in fines and a six month suspension. 

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Negligence is failure to give care that is expected of a professional, resulting in injury to another person. 

There are about 25,000 to 120,000 deaths due to negligence each year.

Example: A doctor in Illinois preformed a surgery on a six boy, leaving him with cerebral palsy and permeate brain damage. The boy was born with several medical conditions, but none that were life threatening. Supposedly, the surgeon preformed multiple unproved medical techniques. The case was settled for $30 million.

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Assault is a threat or attempt to injure, and battery involves the illegal touching of another person without consent.

Example: A Californian mother, Kimberly, filed a case of battery when she was given an unwanted episiotomy. The doctor continued the procedure after Kimberly told him to stop multiple times. The case is still being investigated.  

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Invasion of privacy includes physical and informational. Physical invasion of privacy includes exposing an individual, while informational refers to revealing personal information about an individual without consent.

Example: A girl in Florida was admitted to a psychiatric facility after the girl was having suicidal thoughts. The parents requested that the hospital not send any records of the admission to the girl's school. A hospital therapist faxed a letter to the girl's school to an open fax machine where many school employees viewed the letter. The jury found in favor of the girl and awarded $200,000.

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False imprisonment refers to restraining an individual or restricting an individual’s freedom without authorization. 

This can include keeping a patient in the hospital against their will or forcing them to be restrained. 

A patient can always leave hospital care and doesn't need a physician's approval. The patient is usually just asked to sign an Against Medical Advice (AMA) form. 

The median settlement cost of false imprisonment is $27,000.

Example: Cheryl Miller was dragged from her office, forced to stay in a psychiatric hospital for 17 days, and made to take long lasting psychotic medicine. After three years, she has been awarded almost $850,000. 

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Defamation happens when false statements either cause a person to be ridiculed or damage the person’s reputation. This usually occurs when incorrect information is given out.

. If the information is spoken, it is slander. If it is written, it is libel.

Example: One patient experience slander and libel while undergoing a colonoscopy. While he was unconscious, the surgical team mocked him, and then put a false diagnosis on his chart. The patient sued and was compensated with half a million dollars. 

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