Torts - considered in Civil Court system

There are two types of torts: negligent torts and intentional torts:

Negligent Torts:

Negligence is defined as the omission or commission of an act that a reasonably prudent person would or would not do under given circumstances. Wrongful death is an obvious claim, i.e. negligence on the part of the physician leading to an unexpected death. However other, less obvious claims are also possible such as wrongful conception, wrongful birth or wrongful life (an obstetrical case where the argument is that the patient would have been better off if s/he had never been born; for instance if prenatal testing failed to uncover a serious defect).  

Intentional Torts: 

Here, a wrong is intentionally committed and the wrongdoer realizes that harm is likely to result. 

Common examples of intentional torts include:

• Assault and battery- "assault" is a threat, whereas "battery" is an unconsented-to intentional touch of another's person. For example, operating on a patient without obtaining informed consent.
• False imprisonment- restraint by physical force. For example, not letting a patient leave the office until the bill is paid. Regulations regarding restraints, including restraining mentally ill patients, or patients with a communicable disease vary depending on state laws.
• Defamation of character- is an oral communication (called "slander") or written communication (called "libel") to a third party or parties that holds a person up to scorn and ridicule to a substantial number of persons. For example, a physician tells a patient that his/her previous physician was incompetent and unfit to practice medicine.
• Fraud- is intentional misrepresentation in a manner that could cause harm. For example, a physician promises that a procedure will cure a patient when the physician knows that it will not.
• Invasion of privacy- is the right to be left alone. An example might be a woman who is called at home and asked to donate blood (despite her frequent requests not to be called) because she has a rare blood type which is in great demand.
• Infliction of mental distress- self explanatory - For example, a patient is screamed at by his physician for calling the physician's answering service very late at night, and the patient suffers emotional trauma resulting from the physician's screaming.