Tort Law Case Study

A restraint is normally used to regulate the behaviors of patients when they may be disoriented or may cause injury to themselves (e.g., from dropping, contaminating wounds, or pulling out intravenous lines) or even to others. Furthermore, recent courtroom rulings have decided that sometimes, placing a patient in a “Geri Chair” with shoulder/pelvic restraint, plus Geri Chair tray can be viewed as imprisonment.

Protocols should be instituted for handing patients diagnosed as having contracted a highly contagious disease. Detaining such patients, without statutory safety, constitutes false imprisonment. A problem develops when patients, even those of sound brain, insist upon departing the hospital though they may need care still. They can not be held in a healthcare facility against their will because that could constitute false imprisonment. Defamation of one’s character is another form of intentional tort and personal injury. Defamation is a communication to someone about another person that will keep that person’s reputation up to scorn and ridicule.

To be an actionable wrong, defamation must be communicated to another person; defamatory claims communicated only to the wounded party are not grounds for an action. Libel is the written form of defamation and may be offered in such forms as indications, photographs, characters, and cartoon illustrations. Slander is the verbal form of defamation and will form prejudices against the person in the eye of the third person.

In a libel or slander by itself (on its face) action, a court will presume that certain accusations and words cause problems for a person’s reputation without proof of problems. 4. Calling a woman unchaste. There are typically 6 possible defenses open to a defendant who is sued for libel. This is a complete defense, but may be difficult to show. This defense applies to “opinion” only, as compared to a declaration of reality. The defendant usually must show that the opinion is honestly held and the feedback wasn’t motivated by actual “malice.” Malice means understanding of falsity or reckless disregard for the falsity or truth of the defamatory statement. The privilege may be absolute or qualified.

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Privilege generally is present where the loudspeaker or article writer has a duty to connect to a specific person or people on confirmed occasion. In some cases the privilege is qualified and could be lost if the publication is unnecessarily wide or made with malice. This is available rarely, as plaintiffs won’t ordinarily agree to the publication of statements that they find unpleasant.

In some situations a party who has no knowledge of the content of a defamatory statement might use this defense. For instance, a mailman who provides a covered envelope made up of a defamatory declaration is not legally responsible for any damages that come about from the statement. Defendant can mitigate (lessen) damages for a defamatory declaration by proving that the plaintiff didn’t have a good reputation to start with. Defendant normally can prove plaintiff’s poor reputation by phoning witnesses with an understanding of the plaintiff’s previous reputation associated with the defamatory content.

Fraud is thought as willful and intentional misrepresentation that could cause harm or loss to a person or property. 3. Damages as a total result of that reliance. Strict liability is a legal doctrine that makes some persons or entity responsible for damages their actions or products cause, regardless of “fault” on the part.