The Tort Toolkit
A technician performs a procedure on a patient who is currently unconscious and has no family present. While there was no immediate life-threatening emergency, the technician proceeded anyway without any prior authorization.
What is a battery?
This term includes a threat or an attempt to injure another person.
What is assault?
While eating lunch in the public cafeteria, an EKG technician loudly tells a coworker that a local business owner is "definitely a drug addict" because of what they saw on a chart, which is both false and damaging to the patient's reputation.
What is slander?
This type of consent is understood through actions without being verbally expressed, such as a patient taking medication you offer.
What is implied consent?
This information includes names, birthdays, and social security numbers.
What is Personal Health Information?
This term describes false statements that cause a person to be ridiculed or damage their reputation.
What is defamation?
This is the unlawful touching of another person without their consent.
What is battery?
A surgeon performs a procedure on the left knee when the consent form specifically authorized surgery on the right knee. The patient suffers a permanent loss of mobility in the healthy leg.
What is malpractice?
This type of consent is stated in clear and distinct language, either orally or in writing, such as a surgical permit
What is expressed consent?
This 1996 federal act ensures medical records and billing meet consistent standards for privacy and handling.
What is HIPAA (Health Insurance Portability and Accountability Act)?
This form of defamation refers to false statements that are written or printed.
What is libel?
This broad category of tort includes physical, verbal, psychological, and sexual variations.
What is abuse?
These are the procedures, actions, and processes that healthcare providers are legally permitted to perform based on their license.
What is Scope of practice?
Minors, semiconscious individuals, and people under the influence of drugs are all considered to have this legal status.
What is legally disabled?
Births, deaths, and injuries caused by violence are all considered "this" and must be reported by law, bypassing HIPAA.
What is exempt information?
This specific tort involves restraining an individual or restricting their freedom without proper authorization.
What is false imprisonment?
After a long shift, a healthcare worker posts a photo of a unique EKG rhythm on their private Instagram story. Although they didn't use the patient's name, the photo shows the patient's distinctive wrist tattoo and the date of birth on the monitor.
What is invasion of privacy?
An EKG technician, who has not been trained or licensed to give injections, attempts to start an IV on a patient because the nurse is busy. The technician hits a nerve, causing permanent damage to the patient's hand.
What is malpractice?
Permission granted voluntarily by a person of sound mind who understands all the risks involved is known as this.
What is Informed consent?
Out of pure curiosity, a healthcare worker uses their login to look up the medical history and address of their ex-boyfriend's new partner. What tort applies here?
This tort can be either physical (unnecessary exposure) or informational (revealing personal data without consent).
What is invasion of privacy?
A patient is being uncooperative during a lead placement. The technician, frustrated, stands over the patient and says, "If you don't stop moving, I'm going to strap your arms to this table."
What is assault?
An EKG technician is finished with a procedure but forgets to put the side rails back up on the patient's bed. Later that night, the patient rolls out of bed and fractures their hip.
What is negligence?
A nurse asks a patient if they are ready to receive their flu shot. The patient looks the nurse in the eye and clearly states, "Yes, I am ready to receive that injection".
What is expressed consent?
A healthcare worker is tired of a confused patient constantly getting out of bed. To keep them still, the worker ties the patient's hands to the bed rails using gauze without a doctor's order or medical necessity. Name the tort.
What is false imprisonment?