b. Fault. Fault is almost always involved in tort liability cases. Something was
done wrong or something that should have been done was not. The wrongful act or the
omission may be intentional or unintentional (the result of negligence). (A third type, no-
fault [or strict liability) torts will not be covered here.)
claimant (plaintiff): the alleged injured party who seeks damages
in a tort suit.
actor (defendant): the party against whom damages are sought
for injury in a tort suit.
damages: payment (compensation) for injury in a tort suit.
compensatory damages: payment designed to make the injured
party "whole" to the extent that money can do so.
punitive damages: compensation set at a high level in order to
punish the actor and serve as an example to deter others.
4-3.
INTENTIONAL TORTS
a. Overview. An intentional tort arises from the intent to do an act, or bring
about a result, which will involve the interests of another in a way the law will not
sanction. The intent involved is not necessarily hostile nor need there be any desire to
harm someone. Intentional torts include assault and battery, defamation, false
imprisonment, invasion of privacy, and the intentional infliction of emotional distress.
These will be described below.
b. Assault and Battery.
(1) Assault. Assault is an action that plus someone in fear of being touched
in a way that is insulting, provoking, or physically hurtful without lawful authority or
consent. No actual touching is required. Assault is simply the likely threat of
inappropriate touching. The act approaching a patient with a needle can be viewed as
assault unless you have prepared the patient psychologically.
(2) Battery. If unauthorized touching occurs, it is battery. Assault or battery
can occur when medical treatment is attempted or performed without lawful authority or
consent. The act of jabbing the patient with a needle without consent would be battery.
Getting the patients to turn on his or her side inevitably involves touching. Even routine
handling, a seemingly innocent and legitimate component of the job, can be construed
as assault under certain conditions. Operating on the left leg when consent was
obtained to operate on the right leg is considered battery.
MD0066
4-3