Intentional Tort Essay

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Intentional Tort Evelyn S. Kalmbach Rasmussen College Author Note This Paper is being submitted on April 20, 2014 for Mrs. Susan Finneman’s Course M230/HSC2641 Medical Law and Ethics. Spring - 2014 by Evelyn S. Kalmbach On July 16, 1988, a sixteen year old young woman named Rachelle Harris was raped in the bathroom of the room that she was staying in, in the Psychiatric division of Southern Baptist Hospital, in Louisiana, by a full-time nursing assistant assigned to the Psychiatric unit, named Raymond Stewart. Ms. Harris testified that Stewart woke her up that night by touching her, she the retreated to her bathroom to get away from him, where she stayed for fifteen minutes. Stewart then entered the bathroom, which did not have a locking door, and sexually attacked her. After he left, Harris tried to use the phone at the nurse’s station, but was told that she need to wait until regular hours, so, Harris went to another patient’s room, Rozanna Moore, and told her what had happened. Stewart went to Moore’s room, while Harris was giving a specimen, trying to get her to calm Harris down. Moore asked him to get her a phone, which he did and then de disappeared from the floor. Moore phoned her mother, who contacted Harris’s mother. When she went to the hospital a rape test was done on Harris by Dr. Isabelle L. Ochsner, which showed that there wasn’t any evidence of physical trauma, but the specimen that the police crime lab retrieved from her clothing tested positive for male sperm (Biotech Law LSU.edu, 2002). This is not an intentional tort on the part of Raymond Stewart due to the fact that rape is a crime, not a tort, however, it is an intentional tort on the part of Southern Baptist Hospital because they were negligent in their responsibility to have enough staff and supervision to properly care for the patients and maintain a secure environment.

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