Scenario (based on a real Maine case): A hospitalized patient suffering from cancer of the larynx had initially permitted his physician to take several photographs that were to be used for the medical record, but were not to be used for publication. Later, a few hours before the patient died, the surgeon and a nurse attempted to take more photographs, moving the patient’s head for the photos, despite the patient’s new indication he did not want any more photos taken and his wife’s protests. The wife sued the surgeon.
- What INTENTIONAL tort theories (NOT NEGLIGENCE) might apply here? What facts fit the elements of those tort theories?
- If you were on the jury, how would you calculate an amount of damages? Did taking the photographs cause any economic damages (cost the plaintiffs money)? Probably not. Did they cause pain and suffering? If you were on the jury, how would you arrive at a dollar figure to award in a case like this?