Which of the below is an example of unintentional tort?

Appeared in: ESIC Nursing Officer -2019 (Shift -1)

Explanation

An unintentional tort is a civil wrong that occurs accidentally, without the intent to cause harm.
Negligence is the most common type of unintentional tort in healthcare.
It is defined as the failure to act as a reasonably prudent person would, resulting in injury to another.
For example, a nurse forgetting to raise a patient's bed rails, leading to a fall, constitutes negligence.

Option A: Assault is an intentional tort. It involves a deliberate threat that places a person in reasonable fear of harmful or offensive contact.
Option B: Invasion of privacy is an intentional tort. It involves the wrongful intrusion into a person's private affairs or the public disclosure of private information without consent.
Option D: Defamation is an intentional tort. It involves making a false statement about someone that harms their reputation. It can be spoken (slander) or written (libel).

Visual 1: Flowchart: A flowchart illustrating the legal classification of torts, branching into intentional and unintentional categories, with examples under each branch (e.g., Intentional -> Assault, Battery, Defamation; Unintentional -> Negligence, Malpractice).

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Classification of Torts in Nursing as background academic context rather than a clinical decision trigger.
Understanding the difference between intentional and unintentional torts is crucial for nurses to practice safely and ethically, protecting both the patient and themselves from legal action.
Most nursing lawsuits are related to unintentional torts, specifically negligence and malpractice. Adhering to the standards of care is the best defense.
What if? If a nurse administers the wrong medication after misreading the doctor's handwriting, it is still considered negligence (an unintentional tort), not an intentional tort, because there was no intent to harm, but a breach of the duty to provide safe care.

How to Approach the Question

First, understand the question's core concept: 'unintentional tort'.
Define 'unintentional tort' in your mind: an act of carelessness that causes harm, without the intent to do so.
Review each option and classify it as either intentional (done on purpose) or unintentional (accidental/careless).
Assault: Intentional (threatening someone).
Invasion of privacy: Intentional (violating someone's privacy).
Negligence: Unintentional (failing to provide proper care).

Concept Tested & Keywords

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Practise the full ESIC Nursing Officer -2019 (Shift -1)

Attempt every question from this paper in a timed mock, then review the full solution for each one.