Which of the following is an example of intentional tort?

Appeared in: MP CHO - 2022

Explanation

An intentional tort is a deliberate act intended to cause harm or violate another person's rights.
False imprisonment is the act of unlawfully restraining a person against their will, which is a willful action.
Examples include using physical or chemical restraints without a proper order or preventing a competent patient from leaving the hospital.
This directly fits the definition of an intentional tort, as the act of confinement is deliberate.

Option A: Breach of duty is not a tort itself. It is a necessary component that must be proven to establish a claim of negligence or malpractice.
Option C: Malpractice is a form of an unintentional tort, specifically professional negligence. The harm is caused by a failure to meet a professional standard of care, not by a deliberate intent to harm.
Option D: Negligence is the primary category of unintentional torts. It is characterized by carelessness or a failure to act as a reasonable person would, not by intent.

Visual 1: Flowchart: A flowchart illustrating the legal classification of torts, branching into Intentional and Unintentional, with examples under each category (e.g., Intentional -> Assault, Battery, False Imprisonment; 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 (Intentional vs. Unintentional) as background academic context rather than a clinical decision trigger.
Nurses must understand the legal boundaries of their practice to protect patient rights and avoid litigation.
A common clinical scenario for false imprisonment is the improper use of restraints. Restraints (physical or chemical) should only be used as a last resort to ensure patient safety, require a physician's order, and must be documented thoroughly.
Another example is preventing a competent patient from leaving the facility Against Medical Advice (AMA). Patients have the right to refuse treatment and leave, and detaining them can lead to charges of false imprisonment.

How to Approach the Question

First, identify the key term in the question: 'intentional tort'.
Define 'intentional tort' in your mind: a deliberate act that violates someone's rights.
Evaluate each option against this definition.
Option A (Breach of duty) is a component of negligence, not a tort itself.
Option B (False imprisonment) is the deliberate act of restraining someone without justification. This matches the definition.
Option C (Malpractice) and D (Negligence) are unintentional torts, caused by carelessness, not intent.

Concept Tested & Keywords

Concept Tested: Classification of Torts in Nursing (Intentional vs. Unintentional)
Stem keywords: intentional tort
Lead-in keywords: example of

Qv4uYbY4AwI-1r_qkVZtkr

Practise the full MP CHO - 2022

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