Question

A. A competent elder patient says "I want to go home". You respond with "We wont...

A. A competent elder patient says "I want to go home". You respond with "We wont let you go home because you cannot take care of yourself.". By responding with this statement, you just created the elements for what tort?

B. The same patient tells you that he does not want the treatment prescribed to him.Your response is "Your doctor ordered it and said to make sure you take it, even i have to force you to take it." This statement created the elements of what tort?

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Answer #1

A.

As the patient is competent, the nurse is giving false information and unnecessarily threatening the patient. It can be considered as the Intentional infliction of emotional distress (IIED or a tort of outrage). She causes severe emotional distress by acting in “extreme and outrageous" way.

The nurse's action adversely affects the mental stability of the patient.

B.

Assault is an intentional tort and it is merely a threatening battery or causing another person to fear they will be harmed. In this case, the nurse is threatening the patient that the treatment will be forcibly given.

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