Chapter 4: Intentional Torts

Below are the various categories of intentional torts. Read and answer each set of questions.

False Imprisonment

General question: Under what circumstances can a person be held in a hospital against his/her will?

Assault and Battery

General question: What is the difference between assault and battery?

Case Study 1: Battery

A patient became pregnant while having an affair with her physician. When she allowed the physician to examine her to confirm the pregnancy, he repeatedly forced a medical instrument into her uterus, triggering a miscarriage. The court found this to be battery and allowed the patient to claim for a wrongful abortion.

1. Provide the proof of battery as related to the evidence in this case.

Defamation of Character

General Questions:

1. What is defamation of character?
2. How does libel differ from slander?
3. Explain what a plaintiff must prove in order to establish an action for defamation.

Case Study 2: Carlotti v. Petta

In 2007 Dr. Carlotti, a successful cosmetic surgeon, performed a number of procedures on Ms. Petta, a singer, including a rhinoplasty. Ms. Petta was unhappy with the outcome of her surgery and launched a website which claimed that Dr. Carlotti was not board-certified. Records showed he was board-certified by the American Board of Oral and Maxillofacial Surgery. She also claimed he was being investigated by the Arizona Board of Medical Examiners. Dr. Carlotti did not have any disciplinary record with the Arizona Board. Ms. Pettas actions took a toll on the practice of Dr. Carlotti and he stated that I was dealing with somebody who had the intent of destroying me professionally, personally and on every level. I went from a very successfully surgeon to pretty much out of business. Dr. Carlotti successfully sued his former patient receiving a jury verdict of $12 million.

1. Is this case libel or slander? Please explain your answer using the evidence as presented in this case study.
2. Apply the evidence of this case to each of these four elements that a plaintiff must prove in order to establish an action for defamation.