Advanced Practice Legal Considerations Case Study

Advanced Practice Legal Considerations - Case theatre of operations ExampleBasically, there are six types of tortsa few of which will be discussed here, and how those specific laws harbour to Luanns piazza. There are intentional torts against more or lessbodys, 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 worked up distress among others. Finally, defenses against negligenceas well as strict liabilitywill be examined, peculiarly as it regards whether confidentiality issues were breached when the lab tech used personal information to make a decision active informing someone about someone elses health, a one person who was not hypothetic 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. misapplication of the Right to Publicity According to Frackman et. al. (1996), The powerful of publicity makes it unlawful to use anothers identity for commercial returns without permission. In recent years, that right has grown to encompass 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 beast (pp. 1). Misappropriation of the right to publicity basically heart and soul that someones privacy is being invaded in some way, shape, or form. Others privacy should be guarded 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 th e lab tech Luann signedshould be honored, and are honored, in a court of law. However, various celebrities and other personalities of note have invoked the invasion of the right to privacy in court cases. Using the name or likeness of a person can also take on one into trouble in regard to the invasion of privacy. This is a bit like intellectual belongings law, where someones image is cherished. Interference with the First 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 kind of trouble. This means that anyone should act reasonably according with to the situation at hand. For pattern, one example of duty of care is that, if an oncoming car is about to hit a pedestrian, and a passersby had the chance to save the person, this is called the pe rsons duty of care. Any reasonably-acting person would have act 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