Chapter 7

1. Chapter 7 Materials to Supplement Textbook J. Pittman, Instructor

2. Criminal Law Civil versus Criminal Law Civil Law Area of concern: Rights and duties between individuals Wrongful act: Harm to a person or to a person's property   Party who brings suit: Person who suffered harm Standard of proof: Preponderance of the evidence Remedy: Damages (money) and/or an equitable remedy Area of concern: Offenses against society as a whole Wrongful act: Behavior that violates a criminal statute Party who brings suit: The state Standard of proof: Beyond a reasonable doubt Remedy: Punishment (fine and/or imprisonment) Jeffrey Pittman

3. State Common Law Privacy Rights Through the common law process, state courts have developed the following torts, providing additional privacy protections • Intrusion Upon Seclusion • Public Disclosure of Private Facts Causing Injury to Reputation • Publicity Placing Another in a False Light in the Public eye • Misappropriation of a Person’s Name or Likeness Privacy Law - Jeffrey Pittman

4. Intrusion • This tort is an intrusion upon a person’s right to seclusion or solitude • There is liability only if the interference with the plaintiff's seclusion is a substantial one, highly offensive to the ordinary reasonable person • The “offensiveness” of the intrusion is by guided by whether a reasonable expectation of privacy was violated Privacy Law - Jeffrey Pittman

5. False Light in the Public Eye • This tort involves the defendant revealing information about a person that places that person in a false light. A plaintiff here must demonstrate: • The false light in which he was placed by the publicity would be highly offensive to a reasonable person, and • The defendant had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff would be placed

6. Public Disclosure of Private Facts • This tort requires public disclosure of private information about a person that, even though true, generates publicity of a highly objectionable kind • An example might be the disclosure of names and details about employees fired for viewing pornography at work Privacy Law - Jeffrey Pittman

7. Appropriation • Here a defendant is charged with use of a person’s name or likeness without permission • This invasion of privacy would include activities such as the unauthorized use of a person’s name in an advertising campaign Privacy Law - Jeffrey Pittman

8. Possible Negligence Case • Patient visits surgeon who advises that Patient’s parathyroid gland must be removed surgically • For an example of this surgery, see Parathyroid Surgery: Minimally Invasive Parathyroid Surgery Video J. Pittman, Instructor

9. Parathyroid CAse • Patient had informed surgeon that Patient has used a psychiatric, antianxiety drug, Clomipramine, for 25 years • Clomipramine is in a group of medications called tricyclic antidepressants • Clomipramine works by increasing serotonin, a natural substance in the brain that is needed to preserve mental balance J. Pittman, Instructor

10. Parathyroid CAse • During surgery, surgeon uses an intravenous dose of Methylene Blue Dye to mark parathyroid tissue, for ease in location during surgery J. Pittman, Instructor

11. Parathyroid CAse • After surgery, Patient went into a coma and later died due to serotonin toxicity, brought on by the interaction of Methylene Blue Dye and Patient’s prior use of Clomipramine • Two months after the surgery, the FDA responds with FDA Drug Safety Communication: Serious CNS reactions possible when methylene blue is given to patients taking certain psychiatric medications J. Pittman, Instructor

12. Parathyroid CAse • Question – was the surgeon negligent in using Methylene Blue Dye J. Pittman, Instructor