1. What are the different types of torts? Give an example of each type.
2. What is the difference between the intentional torts of battery and assault? Give an example of each as related to healthcare.
3. What are the causes of action for improper disclosure of health information? Of these, which seem the most likely to succeed? Which are the least likely to succeed?
4. A cause of action for the improper disclosure of health information may result from either a negligent or an intentional act. Using the elements of negligence, give an example of a negligent disclosure of health information. Using the element of intent, give an example of an intentional disclosure of health information.
5. What is an immunity defense in regard to tort liability and who may rely on this type of defense?
6. What is a statute of limitations defense? Describe the different times at which a statute of limitations may begin to run. Do you think the concept of a statute of limitations should exist? Why or why not?
7. How do tort and contract law differ?
8. What factors are thought to contribute to rising costs in health care and malpractice insurance rates and what specific tort reform measures exist to address them?