INTENTIONAL TORTS IN HEALTHCARE
Select one of the intentional torts discussed in your text and provide an example of how this tort
takes place in healthcare. As leader of your own healthcare facility, what steps could you take
and what processes could you implement to reduce the risk of this tort occurring in your own
facility?
Hello Professor and Class,
An intentional tort is defined as a deliberate action that results in harm to the person. The injury
need not be intended, but the act must be intentional, not merely careless or reckless (Intentional
Torts, n.d.).
The Intentional tort that I will be discussing is Misrepresentation.
Misrepresentation is an untrue or incomplete statement of a material fact made by one party
which affects the other party's decision in agreeing to a contract. According to Showalter (n.d.),
Misrepresentation is either intentional (fraudulent or deceitful) or negligent. Furthermore,
misrepresentation cases implying physicians are of two types:
misrepresentation to persuade a patient to submit to treatment and
Misrepresentation of prior treatment or its results.
An example of Misrepresentation in healthcare is misusing codes on a claim, such as unbundling
codes. Correct documentation of services provided is essential and is the responsibility of the
professional who is providing the clinical services, regardless of the waybills are submitted for
reimbursement. For instance, professionals providing appropriate treatment must avoid
misrepresenting information about the nature of the procedure, even if they believe that they
"have the patient's best interests in mind"[ CITATION Iss \l 1033 ] Also, I suggest that
This study source was downloaded by 100000801755870 from CourseHero.com on 03-13-2022 11:28:08 GMT -05:00
https://www.coursehero.com/file/50979193/Week-1-discussion-1docx/
, professionals should use the most specific Current Procedure Terminology (CPT ®) code for
treatment provided.
Additionally, the complex reimbursement environment, reflected in frequent change of
regulations or policies, create a challenge to the professional intending to do "what is right";
therefore, professionals are obligated to stay current with reimbursement policies.
References
Intentional Torts. (n.d.). Retrieved from
https://biotech.law.lsu.edu/Books/lbb/x134.htm#targetText=Intentional%20torts%20are
%20intentional%20actions,medical%20care%20on%20a%20patient.
Issues in Ethics: Misrepresentation of Services for Insurance Reimbursement, Funding, or
Private Payment. (n.d.). Retrieved from
https://www.asha.org/Practice/ethics/Misrepresentation-of-Services/
Showalter, J. S. (n.d.). The Law of Healthcare Administration, Eighth Edition. [VitalSource
Bookshelf]. Retrieved from
https://online.vitalsource.com/#/books/9781567938777/cfi/151!/4/4@0.00:19.7
This study source was downloaded by 100000801755870 from CourseHero.com on 03-13-2022 11:28:08 GMT -05:00
https://www.coursehero.com/file/50979193/Week-1-discussion-1docx/
Select one of the intentional torts discussed in your text and provide an example of how this tort
takes place in healthcare. As leader of your own healthcare facility, what steps could you take
and what processes could you implement to reduce the risk of this tort occurring in your own
facility?
Hello Professor and Class,
An intentional tort is defined as a deliberate action that results in harm to the person. The injury
need not be intended, but the act must be intentional, not merely careless or reckless (Intentional
Torts, n.d.).
The Intentional tort that I will be discussing is Misrepresentation.
Misrepresentation is an untrue or incomplete statement of a material fact made by one party
which affects the other party's decision in agreeing to a contract. According to Showalter (n.d.),
Misrepresentation is either intentional (fraudulent or deceitful) or negligent. Furthermore,
misrepresentation cases implying physicians are of two types:
misrepresentation to persuade a patient to submit to treatment and
Misrepresentation of prior treatment or its results.
An example of Misrepresentation in healthcare is misusing codes on a claim, such as unbundling
codes. Correct documentation of services provided is essential and is the responsibility of the
professional who is providing the clinical services, regardless of the waybills are submitted for
reimbursement. For instance, professionals providing appropriate treatment must avoid
misrepresenting information about the nature of the procedure, even if they believe that they
"have the patient's best interests in mind"[ CITATION Iss \l 1033 ] Also, I suggest that
This study source was downloaded by 100000801755870 from CourseHero.com on 03-13-2022 11:28:08 GMT -05:00
https://www.coursehero.com/file/50979193/Week-1-discussion-1docx/
, professionals should use the most specific Current Procedure Terminology (CPT ®) code for
treatment provided.
Additionally, the complex reimbursement environment, reflected in frequent change of
regulations or policies, create a challenge to the professional intending to do "what is right";
therefore, professionals are obligated to stay current with reimbursement policies.
References
Intentional Torts. (n.d.). Retrieved from
https://biotech.law.lsu.edu/Books/lbb/x134.htm#targetText=Intentional%20torts%20are
%20intentional%20actions,medical%20care%20on%20a%20patient.
Issues in Ethics: Misrepresentation of Services for Insurance Reimbursement, Funding, or
Private Payment. (n.d.). Retrieved from
https://www.asha.org/Practice/ethics/Misrepresentation-of-Services/
Showalter, J. S. (n.d.). The Law of Healthcare Administration, Eighth Edition. [VitalSource
Bookshelf]. Retrieved from
https://online.vitalsource.com/#/books/9781567938777/cfi/151!/4/4@0.00:19.7
This study source was downloaded by 100000801755870 from CourseHero.com on 03-13-2022 11:28:08 GMT -05:00
https://www.coursehero.com/file/50979193/Week-1-discussion-1docx/
