CASE STUDY: Wrong Person, Wrong Place, Wrong Time!

In this early (1881) classic case,  a physician was called to the home of a female patient in labor. The
physician was accompanied by a non-physician friend who remained in the delivery area and held the
woman’s hand providing her comfort during the birth. When the woman became aware that the individual
was not a health care provider, she sued the physician for a breach of individual privacy. The court held
that having a nonessential person present during the labor violated the woman’s legal right to privacy at
the time of her child’s birth.
1. Which class of tort action associated with privacy fits this case?

2. Do you agree with the court that the standard of a hypothetical “person of ordinary
sensibilities” would be offended is met in this case?
 You do not need to know the precise harm but as in this case there was ... be the discomfort or
harm it would cause a person of ordinary sensibilities.