week 4 discussion post PBH 305


Jason and Nicole work together at Acadia Hospital in Bangor, Maine. Acadia is an inpatient facility for children and adolescents with mental disabilities. Jason, who works as an aid, is often called upon to assist in the necessary restraint of violent individuals. Nicole is a nurse and is responsible for moving room-to-room and administering medication and assessing patient conditions. 

    Unfortunately, Nicole has recently found herself in a financially difficult situation. Her husband lost his job and she has been a bit short on cash. It occurs to her that if she pocketed a patients medication here and there, she might be able to sell the pills for a little extra cash. She begins taking a pill here and there and placing it in her scrub pocket rather than giving it to her patients. She knows her patients are children and will be unaware of the medication changes. She documents in each childs chart that she has given him or her the appropriate dose of medication, all the while concealing the medication she is hoarding. On a few occasions, she even snoops through a patients room and takes money out of clothing pockets or sometimes takes other items she feels she might be able to sell later. Behavioral difficulties at Acadia increase during this time. 

    One afternoon in her office, Nicole confides to Jason that she has been taking the pills and inquires if he would be interested in purchasing a few. Jason, angry that she has been stealing the pills, tells her that he is going to have her fired immediately. Reacting in anger, Nicole shoves Jason as hard as she can.  Jason stumbles and falls, breaking his harm. 

Please discuss any intentional torts or criminal causes of action that you find in this scenario. If you do find an intentional tort or criminal cause of action, please explain why the facts of the case presented fit the requirements for that tort or crime.