Being that an intentional tort means that someone intended on committing harm in some way, it could easily be seen in the health field in my opinion. WHile there are ways to cover up many times it does come down to a patient knowing that one intended harm. It could be seen as an orderly who roughly handles a patient or even a nurse knowing that she intended to overdose a patient. Many times it could easily come in the form of a doctor refusing to treat a patient the way they want to be treated. I personally went to the ER knowing that I had lower right side pain and was aware that otc medication was not helping. I presented in the ER with a fever of 101F, vomiting by the time I got there and was unable to walk because I was bent over. However, my doctor came in and said that I was presenting a "classic case ...view middle of the document...
5cm and were in danger of bursting. I called management who said that yes I could file charges of malpractice and even the urologist had sent them a letter stating that the ER doctor simply "didn't want to deal with me". It was a life changing even that I will never let happen again.
Intentional torts are the infliction of injury or damage to property that was carried out with malice, willfulness or reckless disregard for the other person's rights. In the health care field this does and could easily happen. Intentional torts could be a simple as given the patient the wrong dosage of medication or given them the right medication at the wrong time. In nursing homes intentional torts arise all the time by neglecting patients by touching them inappropriately. I have witnessed patients in nursing homes and children in group homes being restrained supposedly for there and others around them own protection and have been physically man handled beyond what the restraint should have been, this could have been an intentional tort.
How can intentional torts arise in the healthcare field? Students are to be prepared to discuss their answers.
Intentional tort results when a person intends to do the wrongful act. An intentional tort can arise in the health care field when a physician or a hospital admits a patient against the patient's will without proper diagnostic as in the Stowers v. Wolodzko case. The doctor or psychiatrist here with the help of the patient's husband took the patient to a mental institutional against the patient's will and based on NO diagnosis. Also, by forcebly giving a medication to the patient that she does not need in the first place could be taken as an intentional tort because the doctor knows very well that the patience is not mentally ill and there is no such proof anyway. Also, by intentionally depriving a patient of her right to seek release, the doctor has committed a wrongfull act he intended to commit.