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 grounds could the wife sue under? How should the court rule and why?

IMPORTANT NOTE: There are probably several torts for which the surgeon could be liable. Think about the ones you've seen in the reading so far and see how many might apply.

Negligence? Some of the intentional torts? What are the elements of those causes of action, and would they apply to this case? Another interesting issue is how a jury might calculate 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?