Chapter 24 Medical Law

Question 1

PROTECT PT’S RIGHTS:

AHA:

Answer 1

American Hospital Association

Protects values and dignities of pts AND medicine and law often in conflict

Question 2

Types of law: (3)

Answer 2

1. Constitution of the US (National)
2. Laws enacted by legislative body/administrative agencies (local, state)
3. case law, decided on a case by case basis by either judge or a jury. The decisions in these cases may set a precedent for the future

Question 3

STANDARDS OF CARE: def:

Answer 3

The degree of skill, knowledge, and care ordinarily possesses and employed by members in good standing within the profession.

Question 4

Practice standards for medical imaging:

Answer 4

what a reasonable, prudent practitioner would have done under similar circumstances

Question 5

The court might look at: (5)

Answer 5

1. federal and state regulations
2. job descriptions
3. curriculum guides
4. course goals and objectives
5. professional customs and Standards of Practice

Question 6

ASRT=

-developed and holds:

Answer 6

American Society of Radiologic Technologists.

-“practice standards for radiography”

Question 7

Practice Standards for Radiography are used by:

Answer 7

the courts to help determine if an individual is compliant with the generally accepted national standard for the profession

Question 8

Practice Standards are defined by:

Answer 8

expert witnesses and general educators

Question 9

CAUSES OF ACTION:

__% of all medical negligence claims are somehow related to diagnostic imaging, either by ____ or ___.

Answer 9

10%; improper diagnosis or injury to the pt sustained.

Question 10

a radiographer may be called to:

Answer 10

testify either as a defendant or as a witness to the practice of another.

Question 11

TORT:

Answer 11

A civil wrong committed by one person against another person or property OTHER THAN a breach of contract.

Question 12

tort cont’d:

pt was-

Answer 12

Either wronged or suffered injury–must be a breach of duty=action for damages

Question 13

requirements for a tort: (1 of 3)

Answer 13

1. injury occurred during procedure or while in department
2. believes care received less than optimal
3. threatened in any way

Question 14

TORT cont’d:
ASSAULT=
-pt feels…
-ex:

Answer 14

Threaten to the point of fear or bodily harm.

pt feels threatened and you gave the mean to carry out threat

ex: threaten to repeat painful exam

Question 15

TORT cont’d:
BATTERY=
ex:

Answer 15

actual touching, even if no injury. touch a pt without their permission, or roughly
ex: do exam on wrong pt

Question 16

TORT cont’d:

FALSE IMPRISONMENT=

Answer 16

a person is restrained against their will, or believes it. must be aware of confinement.

Question 17

TORT cont’d:
FALSE IMPRISONMENT= cont’d
-inebriated
-senile or pediatric-

Answer 17

• can’t consent. may oppose restraint. ok if you get permission from doctor
• obtain consent from someone authorized

Question 18

TORT cont’d:

DEFAMATION=

Answer 18

breach of pt confidentiality. keep all info regarding the pt, the diagnosis, and prognosis in strictest confidence.

Question 19

Defamation is considered: (3)

Answer 19

1. info leaked to individuals who do not need to know
2. info released and pt became subject to ridicule
3. injured in some other way i.e loss of job, home

Question 20

Two types of defamation:

Answer 20

1. Slander= spoken word

2. Libel= written word or published comments or pictures.

Question 21

TORT cont’d:

FRAUD=

Answer 21

willful and intentional misrepresentation of facts. may cause harm to an individual or result in loss of individual rights or property.

Question 22

Fraud is considered: (4)

Answer 22

1. when a pathologic condition is missed on a radiograph
2. not producing optimal images and attempt to cover up by destroying or altering images/records
3. changing pt’s medical records
4. billing for procedures that were not performed

Question 23

NEGLIGENCE: DEF=

Answer 23

failure to use such care as a reasonably prudent person would use under like and similar circumstances.

Question 24

4 elements must be present to prove negligence:

Answer 24

1. duty to pt by healthcare worker
2. BREACH of this dudty.
3. injury that can be sued for.
4. relationship between injury and breach

Question 25

EX of negligence:

Answer 25

pt from ER for cart chest. forget to put up railing before going to process films. pt falls.

Question 26

OTHER LEGAL THEORIES: Res Ipsa Loquitur means: -the burden of proof shifts from:

Answer 26

"the thing speaks for itself" | -the pt to the worker. must prove they were not negligent

Question 27

Res Ipsa Loquitur requires 3 elements:

Answer 27

1. type of injury did not occur except for negligence 2. activity was under complete control of the healthcare worker. 3. plaintiff did not contribute to injury in any way.

Question 28

OTHER LEGAL THEORIES: Respondent Superior: "deep pocket approach": physician/healthcare facility is responsible for:

Answer 28

"master speaks for servant" - always go after the rich or the boss - the negligence of their employees

Question 29

OTHER LEGAL THEORIES: corporate liability: ex:

Answer 29

looking more at the standards the institution has set for themselves. hospital responsible for quality of healthcare. -maintaining equipment; selection or retention of employees.

Question 30

INFORMED CONSENT:

Answer 30

required when pt is subject to any invasive procedure.

Question 31

What should the pt be informed of: (5)

Answer 31

1. how procedure will help the doctor and help them 2. techniques used (what you're doing) 3. possible risks 4. possible benefits 5. any alternative procedures that can be performed.

Question 32

CONSENT FORM CONTENTS: | 1. authorization clause:

Answer 32

permits doctor/ healthcare provider to perform exam.

Question 33

CONSENT FORM CONTENTS: | 2. Disclosure Clause:

Answer 33

to explain the risks and benefits and possible alternatives

Question 34

CONSENT FORM CONTENTS: | 3. anesthesia Clause ....

Answer 34

if required

Question 35

CONSENT FORM CONTENTS: | 4. No guarantee Clause:

Answer 35

for therapeutic procedures

Question 36

CONSENT FORM CONTENTS: | 5. Tissue Disposal Clause:

Answer 36

if there is tissue removed, you don't get it back

Question 37

CONSENT FORM CONTENTS: | 6. Patient Understanding Clause:

Answer 37

states all the info in the consent form has been explained

Question 38

CONSENT FORM CONTENTS: | 7. Signature Clause:

Answer 38

signature of the pt and a witness (will usually be you)

Question 39

Consent environment requires: (5)

Answer 39

1. WHERE (location needs to be private) 2. WHEN (before the procedure!) 3. WHO (will explain) 4. WHO will get signature? 5. who will make sure it is OK for mentally ill pts and physically disabled pt. also consider language barriers.

Question 40

recognize the patient's right to:

Answer 40

revoke or stop the procedure at a point where the pt will not be injured in any way.