A Civil case or Private case is a type of law, usually the involve party is

private individual or property. It is a noncriminal lawsuit. The person who files a case
or sues is called Complainant, while the accused person is called Defendant.
Civil case is divided into two types: Breach of Contract (Contract Law)
and Torts. The former is failing to perform any term of contract, written or oral,
without a legitimate legal excuse. The latter is a civil wrong committed against a
person or persons property; wrongful act which produces harm whether it is
intentional or unintentional and the person sued is responsible to pay damages.
Torts are further divided into two categories: Intentional torts and
Unintentional torts. An unintentional tort is a type of unintended accident that
leads to injury, property damage or financial loss. It does not require intent but do
require the element of harm, example of unintentional tort is Negligence and
Malpractice.
Intentional torts are a desire to cause certain consequences from ones
behavior. The act was done on purpose or with intent, no harm or injury is needed
to be liable. Examples of intentional torts are: Assault, Battery, Illegal detention or
False imprisonment, Defamation (Slander and Libel), Invasion of Privacy and
Misdemeanor.
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CIVIL
CASE
TORT
S

BREACH OF
CONTRACT
INTENTIONAL

UNINTENTIONALT

MALPRACT
ASSA

BATTE

ILLEGAL
DETENTI
ON

DEFAMATI

LIB

INVASIO
N OF
PRIVACY

NEGLIGE

MISDEMEA

SLAND

1. ASSAULT
Assault is an attempt to cause harm or threat to touch; where the attempt
causes reasonable apprehension of imminent battery in persons mind.
Elements:

a. Intentional attempt to inflicts injury

b. Coupled with an apparent ability to cause harm
c. Creates a reasonable apprehension of body harm
Examples:
A person who threatens someone with a club or closed fist.
A nurse threatens the patient with injection after refusing to take medication
orally.

2. BATTERY
Battery is intentionally, unconsented touching another persons body, clothes
or something carrying that may or may not cause arm but the touching was
done without permission or consent. The intent required for battery is: The intent
to cause harm or offensive contact and intent to cause apprehension that such a
contact is imminent.
Elements:
a. Intentional touching of body of another person
b. In a harmful or offensive manner
c. Without consent
Battery also includes non-harmful contacts such as using a poison or making
a trap. The intention and the possible injury to the person are present.

Examples:
From the previous example, If the nurse gave the injection without consent, the
nurse is committing battery.
Hitting, pinching, or pushing a patient
Forcing a patient to do something against their will.
Nursing tip:
Before touching a patients bodies obtain a consent or permission.
Patients have the right to refuse or the consent can be withdrawn anytime

3. ILLEGAL DETENTION OR FALSE IMPRISONMENT

Illegal detention is the unjustifiable detention of a person without legal

warrant. It deprives the persons freedom of movement or space. Illegal
detention also occurs when patients are made to wrongful believe that
they cannot leave the place.
Exceptions: Danger to the public health or safety (Psychotic or communicable
disease patient)

Examples:

Telling a patient not to leave hospital until bill is paid.

Use of physical or chemical restraints

4. DEFAMATION
Defamation is destroying persons identity or character assassination;
communication that is false or made with a careless disregard for the
truth and results in injury to the reputation of a person.
No defamation if there is no third person (witness). There are two
types of defamation: Libel and Slander.
a. Libel
Written defamation means of print, mass media, writing or picture.
Example: Writing in the chart or nurses notes that doctor A is
incompetent because he didnt respond immediately to a call.
b. Slander
Slander is defamation by the spoken word stating unprivileged or false
word by which a reputation is damaged. The material must be
communicated to a third party in order that the persons reputation
may be harmed.
Example: Nurse A telling a client that nurse B is incompetent.
5. INVASION OF PRIVACY
Invasion of Privacy or Breach of Confidentiality is a force from
unwanted publicity; right to live to ones life; right to be left alone.
Examples:
Revealing a patient information to others
Using of patients name for profit without consent
Unreasonable intrusion taking of photograph without consent
Private information given to others
Publishing information that is not true.
6. MISDEMEANOR
Misdemeanor is an act less than a felony; minor crime.