Intentional Tort Case Study

Intentional Tort
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October 20, 2013
Robert Feightner

Intentional Tort

Intentional tort is a deliberate or premeditated injury that is inflicted on one person by another individual. It can be separated into six categories, which are assault, battery, false imprisonment, defamation of character, fraud, and invasion of privacy. A person who is suffering from those injuries whether it is mental or physical injuries can file for a tort case, which may result in monetary damages. However, the plaintiff must demonstrate that the defendant owed the plaintiff duty of care, caused their injuries, to include, failed to provide proper standard of care (Pearson Education, 2010).
An example of intentional tort under the category battery…show more content…
King, the plaintiff, because the inform consent was specifically for the removal his right leg, and although there were numerous of other factors, which led to the wrongful amputation of the patient leg Dr. Sanchez could have prevented it from happening by double checking the patients consent form, and medical history that was accessible in the operating room prior to surgery. Therefore, Mr. King received a settlement up to $1.15 million that was allocated between the hospital and Dr. Sanchez. The hospital paid $900,000, whereas, Dr. Sanchez paid $250,000. Furthermore, since this incident there have been additional steps implemented into hospitals to prevent such negligence. For instance, there is now a double backup identification system, a computerized error-tracking system, patient safety measures and so forth (Bulletin, 2008).

References
Bulletin. (2008). Mistakes-case 3 Tampa Surgeon Removes Wrong Leg. Retrieved from http://www.health-forums.com/alt-support-arthritis/60347-mistakes-case-3-a-print.html
Fremgen, B. F. (2012). Medical Law and Ethics (4th ed.). Upper Saddle River, NJ: Pearson Education.
Leisner, P. (1995). Surgeon Says It was too Late to Stop Amputation On Wrong Leg. Retrieved from http://www.apnewsarchive.com/1995/surgeon-says-it-was-too-late-to-stop-amputation-on-wrong-leg/id-a9b3238f7dbca20e0edf82bba7da0ab5
Pearson Education. (2010). Negligence and Unintentional Torts. Retrieved from