Intentional Tort Essay

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INTENTIONAL TORT In an intentional tort, the person wants to cause the consequences from his/her act or believes that the consequences of the act are reasonably certain to occur (as opposed to being negligent where the injury was not necessarily intended). I chose the case of COLLINS v. THAKKAR, 552 N.E.2d 507 (1990). Kathy Collins is alleging a three count complaint against Pravin Thakkar, M.D. based upon theories of wrongful abortion, assault and battery, and intentional infliction of emotional distress alleges "torts" "based on health care or professional services rendered ... by a health care provider, to a patient." Collins alleges in her complaint that after becoming Thakkar’s patient in March, 1984, her relationship with him developed into a social relationship involving periodic sexual intercourse. In January, 1988, Collins consulted Thakkar about the possibility that she was pregnant by him and Thakkar agreed to perform an examination of her on January 9, 1988, after ordinary office hours, for purposes of determining whether she was pregnant. Collins alleges further that during the purported examination, Thakkar advised her that she was not pregnant and then, twice, without her consent and over her protest, did some act with the metal instrument inside her as to inflict excruciating pain upon her. Collins alleges that Thakkar intentionally aborted the birthing process of her unborn fetus, of which Thakkar was the father, causing her to miscarry. With respect to each of the three counts, Collins alleges that Thakkar's wrongful conduct was intentional and the proximate cause of the severe physical and mental injuries she suffered. She seeks both compensatory and punitive damages with respect to each count. This case could have been easily prevented. First, it is unethical for a physician to have a personal/sexual relationship with a patient. Had

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