c. Defamation. Defamation is injury to another person's reputation. Written
defamation is libel; verbal defamation is slander. A patient, for example, may claim
defamation if you claim that he or she is a deadbeat who doesn't pay the bills.
d. False Imprisonment. False imprisonment is the unlawful restriction of
someone's freedom. Holding a person against his or her will by physical restraint,
barriers, or even threats of harm can constitute false imprisonment, if not legally
justified. False imprisonment takes other forms beside the obvious case of unjustly
placing a patient in a straightjacket. Keeping a patient in the hospital until he or she can
pay the bills is an example of false imprisonment. When a patient is oriented,
competent, and not legally committed, the staff should avoid detaining the patient
unless detention is authorized by an explicit hospital policy or by the hospital
administrators. It is rare that a hospital would be justified in authorizing detention of
such a patient.
e. Invasion of Privacy.
(1) Overview. Invasion of privacy involves interference with the right of a
person "to be let alone." The right to privacy encompasses the right to be free from
unwarranted intrusion into one's home. It includes the right to live one's life without
having one's name, picture, or private affairs made public against one's will. It also
protects against public disclosure of private factors and false publicity.
(2) Unauthorized release of information. The unauthorized release of
information concerning a patient can result in a claim for invasion of privacy. It is best to
follow institutional policies concerning confidentiality because some courts will impose
liability for failure to follow institutional rules. Not all releases of information, however,
violate the right to privacy.
intentional tort: a wrongful act that arises from the intent (not
necessarily hostile) to bring about a result that will invade the interests
of another in a legally unsanctioned way.
assault: a threatening approach that puts a person in fear of battery,
unauthorized touching.
battery: intentional touch of another person without authorization.
defamation: injury to another person's reputation, either spoken
(slander) or in writing (libel).
false Imprisonment: unlawful restraint or detention of a person.
Invasion of privacy:
interference with the right of a
person
"to be let alone."
MD0066
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