Advanced Practice Legal Considerations Case Study

Advanced Practice Legal Considerations - Case Study ExampleBasically, there are six types of tortsa few of which will be discussed here, and how those specific laws apply to Luanns situation. There are intentional torts against mortals, which deal with very specific charges that are incurred when one person injures another. Other categories of torts similarly deal with different types of wrongs committed, including unintentional torts (negligence) and special negligence doctrines, including negligent infliction of emotional distress among others. Finally, defenses against negligenceas well as strict liabilitywill be examined, especially as it regards whether confidentiality issues were breached when the lab tech used personal information to make a decision to the highest degree informing someone about someone elses health, a one person who was not supposed to be privy to that information as that person was a third party. Herein are analyses of some aspects of torts, some of which may not be torts which necessarily align with this particular case, but which should be mentioned nonetheless. II. peculation of the Right to Publicity According to Frackman et. al. (1996), The right of publicity makes it unlawful to use anothers identity for commercial advantage without permission. In recent years, that right has grown to overlay the potential misappropriation of voice, performance style, former names, and maybe, as contended in a case recently filed in Indiana regarding the race horse Cigar, . . . the image of an puppet (pp. 1). Misappropriation of the right to publicity basically mode that someones privacy is being invaded in some way, shape, or form. Others privacy should be quiet well. III. Invasion of the Right to Privacy An invasion of the right to privacy is a direct intrusion on someones personal space. This invasion of privacy, so to speak, is not legislated per se. However, confidentiality agreementssuch as the one the lab tech Luann signedshould be honored, and are honored, in a court of law. However, various celebrities and other personalities of smell have invoked the invasion of the right to privacy in court cases. Using the name or likeness of a person can also involve one into trouble in regard to the invasion of privacy. This is a bit like intellectual property law, where someones image is protected. Interference with the commencement ceremony Amendment can be a cause of torts. In the case of invasion of the right of privacy, this applies occasionally. IV. Unintentional Torts (Negligence) a) Duty of Care Duty of care basically means that a reasonable person has a duty to another person to make sure that he or she does not have any pattern of trouble. This means that anyone should act reasonably according with to the situation at hand. For example, one example of duty of care is that, if an onrush car is about to hit a pedestrian, and a passersby had the chance to save the person, this is called the persons duty of ca re. Any reasonably-acting person would have tried to get the pedestrian out of the way of the oncoming car. In Luanns case, she had the duty of care to protect the confidentiality of her clients name and condition. She did not abide by the confidentiality agreement set forth when hired, and this is what got her into a lot of trouble with the courts. V. Breach of Duty Breach of duty occurs when a person has a duty to perform for a person, but he or she does not do it. For instance, in the previous example with the car about to hit the pedestrian, the onlooker would have performed a breach of duty by not rescuing the