f. Infliction of Mental Stress. In a health care setting, it should be relatively
easy to avoid this tort by treating a patient and his or her family in a civilized manner.
Generally, it is thoughtless and outrageous behavior that falls into this category. (See
below).
BABY PRESENTED IN A JAR OF FORMALDEHYDE
In Johnson vs Woman's Hospital (Tenn., 1975), the court ruled in favor of the plaintiff,
Mrs. Johnson, who had given birth to a baby who died in the hospital. When Mrs.
Johnson asked for her baby, a health care provider presented it in a jar of
formaldehyde. This cruel behavior was deemed to be an intentional infliction of mental
stress on the patient.
NOTICES FOR PERIODIC CHECKUPS SENT TO THE FAMILY OF A
DECEASED PATIENT
In McCormick vs Haley (Ohio, 1973), a physician being sued for malpractice in the death
of a patient sent notices to the family, reminders that the decreased woman was due for
her periodic checkups. The last two notices were judged to be intentionally tortuous
acts.
Section II: NEGLIGENCE
4-4.
NEGLIGENT TORTS
a. Negligence is the most common basis for liability of health care professionals
and hospitals.
b. Everyone makes negligent (careless) errors at sometime or another, which do
not necessarily result in injury. If injury through actionable negligence is proven, you
are liable, that is, legally responsible, and you can be sued for damages in a
malpractice suit.
negligence: conduct which fails below a standard established by the
law for the protection of others against unreasonable risk of harm; failure
to exercise such care as would be expected of a reasonable person.
liable: legally responsible.
malpractice: professional negligence; failure to render proper services
through reprehensible ignorance, negligence, or criminal intent, especially
with resultant injury or loss.
MD0066
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