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law of tort on trespass/ assault/ battery in relation patietnt autonomy.
Outline the law of tort on trespass/assault/battery and ...
Submitted by Nickib on March 1, 2008
Category: Miscellaneous
Words: 1969 | Pages: 8
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Outline the law of tort on trespass/assault/battery and discuss one in relation to patient autonomy.
Introduction:
It is said that nurses hold a certain power over patients, which makes the nurse-patient relationship unequal and takes independence away from the patient. In order to allow the patient more independence and freedom of choice, the law has come up with the concept of patient autonomy. This provides the patient with a chance to voice their own opinion and the power to consent to or to refuse medical treatment and it is a legal right of the patient. This is grounded in the constitution as stated in Article 40.3 (1)
The state guarantees in its laws to respect, and, as far as practicable,
by its laws to defend and vindicate the personal rights of the
citizen.'
Law of tort on trespass:
The type of trespass examined is the trespass of the defendant against a plaintiff's body. The tort of trespass to the person is described as direct and intentional acts of interference by the defendant with the person of the plaintiff. Consent is an accepted defence to the tort of trespass. Trespass consists of three acts which are: assault, battery and false imprisonment. These torts have common characteristics which are:
The wrongful or unlawful act that is the cause of the complaint must have been a voluntary act by the defendant and they must have been in conscious control of their actions when performing the act. For example if a nurse gives a patient an overdose, they may have intentionally given them the medication which caused harm to the patient but they did not realise that it was going to do any harm. The act which is the cause of harm to the patient must be intentional but, unlike criminal law, it is not relevant to prove that the nurse intended to injure the patient. Instead, the focus is on proving that the nurse intended to commit the act which caused the harm to the patient (as...
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