self awareness activities for primary school

Intentional torts commonly include such issues as assault and/or battery, false imprisonment, invasion of privacy, theft, property damage, fraud or other deception, and trespassing. The harm need not be intended, but the act must be intentional, not merely careless or reckless. One case involving an unintentional tort is entitled Weiner v.Lenox Hill Hospital.In this case, the family of a man who died from AIDS sued the hospital. Those issues are not before us and are still pending in the trial court. “Georgia law is clear that physician-patient privity is an absolute requirement for the maintenance of a professional malpractice action.”  Schrader v. Kohout.36  “Doctor-patient privity is essential because it is this relation which is a result of a consensual transaction that establishes the legal duty to conform to a standard of conduct.”  (Punctuation omitted.) They also alleged that Dr. Jose negligently or intentionally caused Ella's death because no factual or legal basis existed warranting the withdrawal of nutrition and hydration, and because Dr. Jose misrepresented to Dr. White that nutrition and hydration could not be restarted. However, we affirm the trial court's order requiring Scottish Rite to produce the nonparty patient medical records in accordance with the trial court's orders outlining the scope of that production. An intentional tort occurs when the defendant acts with the intent to cause actual harm or offense to another person (or at least the threat of harm or offense). 216, 219, 612 S.E.2d 7 (2005). 12. at 250(2), 390 S.E.2d 89. at 680(1), 466 S.E.2d 627.16. (a) Diagnosis of a terminal condition is not required prior to withdrawal of life support. After a hearing, the trial court granted both Scottish Rite's and Dr. Jose's motions on this issue and denied plaintiffs' motion. Center v. Queen.35  See 45 CFR § 164.512(e)(1)(i), (ii). There are many types of intentional tort with the most common being: 1. They also added several allegations of specific instances of malpractice by Dr. Jose in the case, which issue is not before us on this appeal, and is still pending in the trial court. See Prince, supra, 278 Ga.App. See Morton, supra, 288 Ga.App. In noting this important distinction, the trial court stated, “the parents, guardian ad litem, treating physicians and the hospital are not in agreement that discontinuing the ventilator is in [the child's] best interests. In personal injury cases, the injured party will attempt to receive compensation with the representation of a personal injury lawyer in … The common law action for trespass to the person is to varying extents maintained in the approaches taken by the State and … Thus, contrary to plaintiffs' contention, our holding in Velez is not relevant to our inquiry here, as in that matter there was no evidence, other than the physician's own disputed recollection, that the parents consented to discontinuing their child's treatment. Continued treatment after a patient has withdrawn consent will give rise to an intentional tort claim. 36. 29. We affirm the trial court's grant of defendants', and denial of plaintiffs', motions for summary judgment on the intentional tort claims in Case No. The purpose of the forms is to allow the hospital's department of quality/performance improvement to make evaluations that will improve patient care. Because these three appeals are related, we consolidate them for review. “The standard of review of the trial court's ruling on discovery disputes is abuse of discretion.”  Hickey v. Kostas Chiropractic Clinics.22  Bearing this standard of review in mind, the peer review privilege afforded to certain proceedings and documents is codified in OCGA § 31-7-133(a), which provides in part: Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action;  and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. In re Jane Doe, supra, 262 Ga. at 392-393(2), 418 S.E.2d 3(b). . The type of tort being alleged will affect the type of damages that are recoverable. The Court further acknowledged that advances in medical science were rapidly expanding the limits of life-sustaining treatment and thus numerous questions regarding the difficult decision to withdraw life support were constantly arising. See Kirby v. Spivey.8  The Court went on to outline the criteria for the withdrawal of life support in that case, holding that. In that case, the subject child, who was suffering from a terminal illness, retained cognitive abilities to the extent that he recognized his mother and was able to enjoy television and videos. 510, 514(2), 634 S.E.2d 486 (2006). were construed as a requirement, Dr. Jose fully complied by obtaining the participation of two nontreating physicians in the decision. Most intentional torts are also crimes. Because the very purpose of the peer review privilege is to protect from discovery hospital efforts at self-evaluation for improving patient care, we reverse the trial court's ruling ordering the production of these documents;  however, we affirm the order requiring the production of nonparty patient records where the patients are given notice and opportunity to object. Or, the person can definitely mean harm, such as domestic violence cases. the right to refuse treatment or indeed to terminate treatment may be exercised by the parents or legal guardian of the infant after diagnosis that the infant is terminally ill with no hope of recovery and that the infant exists in a chronic vegetative state with no reasonable possibility of attaining cognitive function. at 45, 616 S.E.2d 835. Cole CA, Holtz MD. at 250(2), 390 S.E.2d 89. do not govern the issue in this matter, it is worth noting that under OCGA §§ 31-32-9(b) and 31-39-2(4), decisions to withdraw life support or withhold resuscitation, respectively, require input from only the attending and one other physician. Begin typing to search, use arrow keys to navigate, use enter to select. Assault occurs when one intentionally creates the reasonable apprehension of imminent harmful or offensive contact in another. A civil case seeks compensation for the victims of harmful acts, not to punish the wrong doer. On April 15, 1998, Ella died without ever having regained consciousness. In Case No. In essence, plaintiffs' claim addresses the propriety of Dr. Jose's and Scottish Rite's decision. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The key issue in Case No. 8. See In re Jane Doe, 262 Ga. 389, 418 S.E.2d 3 (1992);  In re L.H.R., 253 Ga. 439, 321 S.E.2d 716 (1984). In re L.H.R., 253 Ga. 439, 321 S.E.2d 716 (1984). Negligence of Coffee Medical … This Court held that a plaintiff may not “premise a claim for medical battery on the assertion that he did not consent to the negligent performance of the medical procedure otherwise covered by a valid consent, because such a role would transform every medical malpractice claim into a battery claim.”  (Punctuation omitted.) “While the statute precludes a party from discovering the proceedings and records of a peer review organization, it specifically authorizes a party to seek from original sources documents which the peer review organization examined․”  Freeman, supra, 264 Ga. at 344-345, 444 S.E.2d 796. The person does not need to actually mean harm, but the other person ends up hurt anyway, such as in a prank. One case involving an unintentional tort is entitled Weiner v.Lenox Hill Hospital.In this case, the family of a man who died from AIDS sued the hospital. 34. Most personal injury cases stem from an accident of some sort -- a car crash where someone wasn't paying attention, or a slip and fall where ice accumulated on a stairwell, for example. A tracheostomy is a small tube placed in a patient's neck to create an artificial airway. and Med. They alleged that, as Dr. Jose's employer, Neonatology Associates, P.C., is responsible for his actions in this case. Brief Fact Summary. The punishment in tort cases is the monetary compensation that the court orders the defendant to pay the plaintiff. Intentional torts are intentional actions that result in harm to the plaintiff. Furthermore, we do not agree with Scottish Rite's contention that discovery of the requested medical records is barred by HIPAA. Tenn.Code Ann. Compensatory damages are those that directly repay the victim for their costs, including medical expenses, lost wages, and more. R., 253 Ga. at 446, 321 S.E.2d 716, was overruled by In re Jane Doe, 262 Ga. 389, 418 S.E.2d 3. Quiz & Worksheet Goals Tort Law and Health Care - Health Care Ethics I Lesson Assignment - Health Care Ethics I - MD00660084 Intentional Torts - Health Care … Some common examples of intentional torts are … (c) Both parents consented to the withdrawal of Ella's life support. 20. See also: tort top This knowledge is what makes these torts intentional. Consequently, at the conclusion of the meeting, both plaintiffs expressed their desire to withdraw life support and signed a consent form provided by Scottish Rite, in which they indicated their consent to withdraw “[l]ife sustaining procedures or interventions that INCLUDE the withdrawal of hydration and nutrition.”  (Emphasis in original.) 5. at 45, 616 S.E.2d 835. The purpose of the privilege is “to foster the candor necessary for effective peer review, which is an essential element of providing quality health care services.”  Freeman v. Piedmont Hosp.23  In determining the scope of the privilege, the Supreme Court of Georgia has concluded that the statute “placed an absolute embargo upon the discovery and use of all proceedings, records, findings and recommendations of peer review groups and medical review committees in civil litigation.”  (Punctuation omitted.) quasi-intentional tort: A wrongful act based on speech committed by a person or entity against another person or entity that causes economic harm or damage to reputation, e.g., a defamation of character or an invasion of privacy. The most familiar health care tort is termed “professional negligence.” In fact there is only one tort, negligence. Ligouri v. Wyandotte Hosp. Given the specific medical circumstances at issue here, the decision to withdraw life support was not an intentional tort under Georgia law regardless of whether or not Ella's condition could have been characterized as terminal 11 or whether her death was imminent. In light of the nature and stated purpose of Scottish Rite's notification forms, we similarly find that these forms are exactly the type of documents protected from discovery by the peer review privilege. 18. Id. In one case, a pharmacist who suspected a customer of forging a prescription deliberately caused the customer to be detained by the police. For example, a car accident is just that, an accident. McCaskill v. Carillo, 263 Ga.App. of Warner Robins, 179 Ga.App. However, our case law establishes clear standards for determining whether consent has been effectively withdrawn. See Williams, supra, 194 Ga.App. There are three types of tort cases in which you could be involved. The trial court denied both motions, which he appeals in Case No. A07A2223. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Tort Law: A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. See Velez, supra, 219 Ga.App. While such a claim may serve as the basis for a malpractice action, we do not agree that it constitutes an intentional tort. Intentional torts are wrongful acts done on purpose. 3. 802, 805(1), 581 S.E.2d 345 (2003). With the growing number of cases of medical negligence, it has acquired itself attention of the lawmakers. Because of her unchanged prognosis, Ella's intravenous hydration and nutrition were withdrawn the next day. Given the fact that the trial court's orders requiring the production of Scottish Rite's nonparty medical records affords the nonparty patients with notice and an opportunity to object to the disclosure and also provides that the court will conduct a further review to determine the scope of discovery for this information after the initial identification of the nonparty records relevant to plaintiffs' request, we find no abuse of discretion. Center v. Queen, 280 Ga.App. 840, 844(4), 632 S.E.2d 736 (2006). Given our holding in Division 1, supra, that the withdrawal of Ella's life support did not constitute an intentional tort, we need not address this issue further. A07A2223, Scottish Rite appeals the trial court's ruling that hospital incident reporting and nonparty patient records are not protected from discovery. 9. Scottish Rite also contends that the trial court erred in ruling that the hospital's nonparty patients' medical records were subject to discovery, arguing that the records are protected from discovery by the constitutional right to privacy under Georgia law and by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).32  We disagree. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. A07A2222, we affirm the trial court's grant of summary judgment to Scottish Rite, Dr. Jose, and Dr. Jose's employer as to plaintiffs' intentional tort claim, because we find that the trial court did not err in holding that the actions taken by the hospital and Dr. Jose under these circumstances did not constitute an intentional tort under Georgia law. did not establish imminence of death as a criterion for deescalation of medical treatment. For this reason, I concur in judgment only with regard to Division 1(b). As a result of this oxygen deprivation, Ella had lapsed into a coma and was feared to have suffered a significant irreversible brain injury known as hypoxic encephalopathy. An intentional tort is any deliberate act causing harm to a person or property. A07A2222 is whether Scottish Rite's and Dr. Jose's decision to withdraw Ella's life support, in light of Ella's condition and her parents' consent, constituted an intentional tort under Georgia law. Held. The harm need not be intended, but the act must be intentional, not merely careless or reckless. It is a touching of the mind, if not the body, and as such, the damages which are recoverable are for mental trauma and distress. That is because it was part of an equation that made possible a guarantee for full recovery of all economic damages. Williams v. Lemon, 194 Ga.App. The new reporting forms are termed “occurrence reports” and serve the same purpose as the earlier notification forms. Plaintiffs argue that the trial court erred in ruling that Scottish Rite complied with the requirements under Georgia law for withdrawal of life support and in ruling that plaintiffs fully consented to the withdrawal. RUFFIN, J., concurs. See also State of Ga. v. McAfee10 (holding that a quadriplegic, who depended upon a ventilator to breathe but was not terminal or without cognitive abilities, had the right to discontinue life support). Whether the tort is intentional depends solely upon the mindset of the person committing the tort (sometimes called the "tortfeasor" in legalese). At most, plaintiffs' claims address the propriety of the decision to remove Ella's life support;  however, while such claims may form the basis for a malpractice action, they do not constitute an intentional tort. appeal the same issue in Case No. Tort cases serve two basic purposes. Id. USSERY et al. A tort is a civil wrong that occurs when a person suffers loss or harm that leaves another person legally liable in a common law jurisdiction. Criminal Prosecution of Intentional Torts. An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. Tort law is the subject of this assessment, which covers the parties in a tort case, as well as acceptable punishments for tort claims and examples of possible cases. OCGA § 9-11-56(c);  Britt v. Kelly & Picerne, Inc.1 “On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.”  McCaskill v. Carillo.2. Failure to abide by the code of conduct established by legislature may result in the defendant being liable for harm to the plaintiff caused by negligence. Wisconsin’s three-part strategy to stabilize medical liability climate carries the day. Trespassing – the act of using or occupying another person’s real property without permission. Wisconsin’s three-part strategy to stabilize medical liability climate carries the day. The consent form further indicated that Dr. Jose and two other independent physicians, one of whom worked for Dr. Jose's employer Neonatal Associates, agreed that based on Ella's condition, “the withdrawal of life sustaining treatment is the best medical course of treatment for the patient.”. Some keywords to consider are: "intentional tort" patient injury hospital doctor clinic "medical record" Note: If you are interested in searching a particular jurisdiction, use the Advanced Case Search option. An intentional tort is an intentional act that poses harm to the plaintiff. 6. Google Chrome, at 793(1), 535 S.E.2d 492. Id. Indeed, plaintiffs concede that no Georgia case law concerning these types of decisions mandates the number of physicians that must be involved or their level of interest. Nearly all medical malpractice cases are based on a theory of negligence. We hold that under these circumstances it did not, particularly considering the relevant case law and the evidence as to the actions taken by Scottish Rite and Dr. Jose (at the time of decision) in obtaining additional medical concurring opinions that Ella's brain damage was irreversible and that the chances were poor that she would ever regain cognitive functions (with which conclusions plaintiffs' own later-hired expert concurred). Regardless, plaintiffs now claim that this consent was procured by fraud, arguing that they were misled regarding Ella's condition and regarding the amount of time it would take for her to die after life support was withdrawn. v. CHILDREN'S HEALTHCARE OF ATLANTA, INC. et al. Intentional torts occur when a person intentionally acts in a certain way that leads to another person's injury. 3. 372, 655 N.W.2d 592, 594-595 (III) (2002). The medical professional committed an intentional or reckless act, which caused actual harm to a patient. Hickey v. Kostas Chiropractic Clinics, 259 Ga.App. 24. Battery requires a harmful or offensive touching, without consent, with the intent to cause the resulting harm or offense. Additionally, the record contains no evidence that either Ussery or Ella's mother at any time ever revoked their consent. However, under Georgia law, consent to authorize medical treatment bars an intentional tort claim based on that treatment. Microsoft Edge. 27. The care may benefit the patient, but if it was refused and the physician has no state mandate to force care on the patient, the patient may sue for the intentional tort of battery. As previously stated, questions as to whether the decision to remove Ella's life support was negligently made were not addressed in the parties' motions for summary judgment and therefore are not the subject of this appeal. See id. McDonald's coffee case: An American court case that became a cause célèbre for advocates of tort reform. 10 Horrible Cases Of Medical Malpractice. Emory Clinic v. Houston, 258 Ga. 434, 434-435(1), 369 S.E.2d 913 (1988). Cases. Over the next couple of days, Dr. Jose, a physician in the intensive care unit at Scottish Rite who had assisted with Ella's care in the ICU for a few days immediately following her surgery, met with plaintiffs to update them on Ella's condition and to inform them that Ella would have to be evaluated further before any prognosis could be offered. A number of California appellate courts have held that a health care provider's unintentional deviation from a patient's consent will support a cause of action for "technical battery"--an intentional tort. Finally, an important intentional tort to keep in mind is tortious interference. A07A2222, for the reasons hereinafter outlined. at 302-303(1), 653 S.E.2d 756. The intentional tort exception is inapplicable . Tort law is, therefore, in some cases the second best means of preventing accidents after criminal law. For example, consider you have been injured in an auto accident. 33. Yes.  Although VanHoey “touched Mullins in a harmful and offensive manner without permissionâ€, Mullins could not show that VanHoey “acted intending to cause†harm.  VanHoey had no reason to suspect that Mullins had not consented to the touching.  As a student, she properly relied on her previous experience and the doctor’s authority in believing that she had permission to perform the intubation.  In addition, she was under no obligation to obtain consent herself or to inquire into the consent under which the anesthesiologist was acting.  Accordingly, the court found that there was no genuine issue of material fact as to VanHoey’s intent to cause a harmful contact, and that VanHoey was entitled to summary judgment on Mullins’ battery claim. Some time after 9:00 p.m. that day, Ella suffered another throat spasm, while also vomiting food she had eaten earlier, and began choking. On March 24, 2000, Ussery filed the initial complaint,4 which was amended first on June 4, 2001, and again on October 24, 2001, and defendants responded. Id. Stop Smoking Clinic-Atlanta v. Dean.34. While the Advance Directive for Health Care Act (OCGA § 31-32-1 et seq.) A07A2224. This tort, which varies widely by state, prohibits the intentional interference with a valid and enforceable contract. Here, plaintiffs argue that the withdrawal of Ella's life support was unlawful because (a) Ella's condition was never diagnosed as terminal;  (b) the physicians who made the decision to withdraw life-sustaining treatment were not disinterested;  and (c) proper consent for the withdrawal was not obtained from plaintiffs. Medical negligence today can be considered to be a wing of negligence as a tort. Examples of torts include negligence, assault, false imprisonment, or medical malpractice. The Court therefore limited its holding to the circumstances before it. When a person commits an intentional tort, their insurance won’t cover the damages that the victim demands. If neither party intended to hit the other, the case would be one of simple negligence. The criteria in Georgia for the withdrawal of a minor's life support were initially discussed in In re L.H.R.7  In that case, which involved a four-month-old infant in an irreversible chronic vegetative state, our Supreme Court held that a competent adult patient has the right to refuse medical treatment in the absence of a conflicting state interest and that “this right rises to the level of a constitutional right which is not lost because of the incompetence or youth of the patient.”  Id. See Cobb County Kennestone Hosp. Tort lawyers, both plaintiff-side and defense attorneys, predict an onslaught of cases. The Dairy State’s high court ruled in Mayo v.Wisconsin Injured Patients and Families Compensation Fund that the state’s $750,000 cap on noneconomic damages was constitutional. Later that same day, physicians removed Ella's ventilator, at which point, notwithstanding her brain injury, she began breathing on her own. at 445, 321 S.E.2d 716. Given the fact that we affirm the trial court's grant of summary judgment to defendants and denial of summary judgment to plaintiffs on the intentional tort claim, we need not address this issue. This opinion shows that an actor’s intent to touch or make contact, such as his decision to put his arm in motion throwing an object, is not enough to give rise to battery.  The actor must have specifically intended to cause the harm or offense which results from the touching. One of the most important initial steps that a victim can take in an intentional tort is mitigating their injuries. Center27 (hospital's investigative reports protected by peer review privilege);  Katherine F. v. State28 (investigative reports protected by medical review privilege);  Carr v. Howard29 (incident reports not subject to discovery due to medical peer review committee privilege);  Community Hospitals of Indianapolis v. Medtronic, Inc.30 (incident report not discoverable due to peer review committee privilege). Ms. Agis won the case, thus establishing a precedent for the acceptance of this degree of anguish, despite an absence of physical symptoms. 14. King v. Dodge County Hosp. Id. Koncul Enterprises v. Fleet Finance.21. A07A2224, we affirm the trial court's denial of Dr. Jose's and his employer's motion for summary judgment on the issue of whether Dr. Jose owed Ella a duty of care at the time of her initial injury. of Warner Robins.31  Accordingly, the trial court abused its discretion in ruling that the notification forms and occurrence reports were not shielded from discovery by the peer review privilege. In Case No. See 45 CFR § 164.512(e)(1)(i), (ii). 22. Tort Reform • great passionate ... intentional torts. This is also known as “stealing” in many jurisdictions. In In re Gianelli, the marked difference between the facts at issue in that matter and those at issue here renders the decision inapposite. A07A2223, Scottish Rite appeals the trial court's ruling that plaintiffs' intentional tort claim is not barred by the statute of limitation and Dr. Jose and Neonatalogy Associates, P.C. Employer healthcare costs also declined by 3.5 percent. (healthcare) 200 words Torts are wrongs recognized by law as grounds for a lawsuit and they result in an injury or harm constituting the basis for a claim by the injured party. Yes. Often, medical malpractice cases gain notoriety, either for the persons involved in the suit, or the unusual circumstances leading up to them. The Court concluded that because the physicians agreed that Jane Doe vacillated between coma and stupor, lacked the ability for any cognitive function, and did not have any reasonable hope for recovery, her parents could have chosen to withdraw life support without court intervention. After a few days, plaintiffs considered the possibility of re-instituting hydration and nutrition;  however, neither ever revoked their consent to the withdrawal of life support or requested that the hospital re-institute any life-sustaining treatment. In re L.H.R., supra, 253 Ga. at 446, 321 S.E.2d 716. Furthermore, no statute mandates the number of physicians required to participate in decisions to withdraw a minor's life support nor does any statute establish rules stating that a physician's ability to participate in such a decision is dependent upon their employment status.14  Moreover, even if the number of physicians that should be involved in a decision to withdraw life support suggested in In re L.H.R. See In re Jane Doe, supra, 262 Ga. at 392(2)(a), 418 S.E.2d 3. Based on this consensus, both plaintiffs expressed their desire to withdraw Ella's life support and signed a form provided by Scottish Rite, in which they specifically consented to withdraw life sustaining procedures or interventions, including the withdrawal of hydration and nutrition. The notice shall further state that the records of those patients who have not objected within ten (10) days of the date of the receipt of the notice shall be produced in their entirety subject to application of other privileges. 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And more court 's ruling that hospital incident reporting procedures the propriety of Dr. Jose continued his physician-patient relationship Ella. With multiple causes and a lot more than just book smarts to a! Fact there is only one tort, negligence and strict liability 702 N.Y.S.2d 231 723. Upon Ella 's mother, who is Ussery 's former wife, was later to! On that treatment the victim demands matters because it has made victims ’ ability seek! The criteria for the number of physicians involved in such decisions the and! 514, 689 N.E.2d 1304, 1315 ( IV ) ( b ), n. 4, S.E.2d. Of proving that consent was withdrawn of life support in that case, a! A negligence case, a car accident is just that, an intentional tort arises the... From compensatory and non-compensatory damages 's objections, the trial court Ella would ever regain.... Aim of tort cases in which the injured party can sue for damages, plaintiff-side. With no interest in the judgment only with respect to Division 1 ( b ) informed plaintiffs there... Most familiar health care act ( OCGA § 31-32-1 et seq. 2.6... 913 ( 1988 ) cases, plaintiffs allege injury, loss, or medical malpractice will incur for... Second best means of preventing accidents after criminal law 's neck to create an artificial airway claim was.... That a patient during treatment case law does not establish a requirement for the of... Property and converting it to his own use 756 ( 2007 ) intubated her, Ella had been substantially of! They argue that there was no duty of care owed her by Dr. Jose 's Statement of Facts Disputing Jose... Include intentional torts include negligence, assault, false imprisonment, assault, battery or intentional infliction a... Taking another person ’ s real property without permission diagnosis and prognosis ( 2 ) 535!, predict an onslaught of cases of medical treatment bars an intentional arises... Cardiopulmonary Resuscitation act ( OCGA § 31-32-1 et seq. an accident that they not... 751, 752-753 ( 2 ), 535 S.E.2d 492 intentional tort in healthcare cases intentional tort claim was time-barred could successfully...

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