Intentional Torts

This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.

Negligence is defined as a cause of action that can lead to damages, or to relief, it is designed to protect legal rights. Through civil cases an injured person must prove that another person acted negligently to cause their injury. It must be proven that it was a “careless” mistake. The elements that must be established in every negligence case are, duty, breach,

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Over the past decade, the increase in participation from recreational sporting activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law (Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the state supreme court upheld the original ruling that participants who knowingly cause injury to another contestant outside of the normal rules of conduct while participating in a sporting activity, are liable or negligent, changed the course how courts would rule in tort cases (Harvard Law Review, 2008). Hence, tort law is now a leading point of discussion in athletic and physical education departments in our local school districts (Taniguchi, 2003). Included in the discussion is intentional tort, when a player injuries another participant purposely (Wolohan, 2013). For intentional tort to be ruled on, three essentials must be present: 1.an injury must have occurred, 2. the cause of injury is due to a negligent act, 3. the act that caused the injury must be intentional (Wolohan, 2013). Thus, the merging of recreational activities, extreme sports, and physical education programs, intentional tort law will be looked at in the school setting.

Rule: Battery is the unconsented harmful or offensive touching with the intent to harm or offend. Leroy did intend to immobilize John when he grabbed him, but this was done in the defense of a third party.

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

Clinical negligence claims have been said to act as a `wake-up call’’ since usually it is only when a case is won that issues relating to malpractice are brought to surface. Moreover, case law demonstrates that it is usually only when clinical negligence claims are brought to the court are the judiciary provided with the opportunity to define

In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son, and angry fan, stadium workers, and other spectators. Actions that transpire include the spilling of beer on one fan by another, a shove of one fan of anther, a fall, injury, yelling, and repercussions of the stated actions.

Negligence cases and their analyses have dominated our judicial system from its very inception. This can be attributed to the human need to find fault and administer blame for wrong-doings and the mere fact that committing negligence is so simple one may not even realize that it is being committed until one is served with court documents. For example, pretend your home has a very steep step leading to the front door. You are aware of this – after all, you live there – but you want to ensure the safety of all visitors to your home. Suppose each day you place a sign by the driveway that states, “Caution! Beware of steep step;” however, one day you decide to take a vacation and decide that is unnecessary to put the sign out for the duration

Negligence it is defines as “failure to take proper care in doing something and exercise the different care that would be used by a reasonable prudent physician in the same situation” (State of New York Department of Health, 2010). Physician negligence is the main source of disciplinary complaints that has investigations towards doctors. Physicians whom have rejected the following standards of medical procedure while providing treatment to their patients are considered to be negligent, even if there were no injury that occurred in the process. They are found to be negligent if they are proven that physicians have failed to meet the standard of care” (State of New York Department of Health, 2010). The standard of care will be tested based on the behavior of the other physicians that is practicing the same specialty in the same type of setting. Negligent acts can includes all of the following: refusal or wrongful treatment of an illness of injury, “treatment that can caused a new problem to develop, a diagnosis given too late for treatment to be effective or if the doctor initiated the wrong treatment due to minimal investigation of the problem” (Article Base, 2008).

The definition of Tort is a violation of a duty imposed by the civil law. Originally the word “tort” meant “wrong” in French. Tort can be a disagreement among two parties but it takes the one of the injured parties to file claim to get compensated for their injuries. When the case falls under tort the plaintiff must pay for their own attorney fee and they must convince the court that the defendant is at fault. (Samuelson, B., 2016)

Negligence is one of the most common issues in the healthcare environment. Negligence in a hospital is caused by many different things and it can be intentional or unintentional. It can be by failing to do your duties appropriately and in a timely manner, by giving the wrong medication, by improperly performing you job, by abandoning a patient, by failing to properly train the healthcare workers, and also by failing to follow safety rules to assure patient safety and care.

Foreseeability is primarily a question of the extent to which something is predictable or will occur. The emphasis here is on the extent to which something can be known beforehand. Foreseeability is a reasonable anticipation of the possible results of an action if one is negligent or breached a contract. Foreseeability thus involves making sure one guards against that which happenstance is under probability. The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct.