Question with Tort Law. Please help at your best ability.?

A patient confined to a hospital, Joan, has a rare disease that is of great interest to the public. Carol, a television reporter, requests Joan to consent to an interview. Joan refuses, but Carol nevertheless enters Joan's room over her objection and photographs her. Joan wants to sue her. Can she?

Yes, I would see that as an invasion of privacy at the minimum.

Absolutely.

Probably not from what you have stated. Maybe prosecuted and I said maybe.

I would think so as there was no informed consent & the patient has an expectation of a reasonable amount of privacy in her hospital room.


"Patients and family members recorded or filmed without their consent may also have a cause of action for intrusion upon seclusion. This tort has two elements: (1) intrusion into a private place, conversation or matter, (2) in a manner highly offensive to a reasonable person. It does not require trespass on private property or publication or broadcast of private facts. "

"...damages may be difficult to establish. In an earlier California case, Miller v. National Broadcasting Co., a camera crew accompanied paramedics to a private home for an unsuccessful resuscitation attempt. The state district court allowed the widow, who was present, to recover for anxiety, embarrassment, humiliation, shame, depression, feelings of powerlessness, and anguish. A daughter who was not present but saw a television broadcast was not permitted to recover."

http://www.law.uh.edu/healthlaw/perspect...