Intro to RadTech: Medicollegal Considerations

Question 1

What is criminal law?

Answer 1

• litigation filed by government
• offense against state (or society at large)
• punishment: incarceration, fine, or execution

Question 2

What is civil law?

Answer 2

• A private party lawsuit
• defendant: Never incarcerated, nor executed
• consequences: “damages” (monetary)

Question 3

What is a tort?

Answer 3

“A wrongful act for which a civil action will lie…”

• personal injury law
• governs rights between two individuals in non-criminal (civil) actions
• allows for monetary compensation

Question 4

What are the two types of torts?

Answer 4

• intentional Misconduct

* unintentional misconduct (negligence)

Question 5

What is the difference between a medical malpractice lawsuit vs. other civil lawsuit?

Answer 5

Lack of an “equal footing”

Question 6

What are the five types of intentional misconduct?

Answer 6

• assault
• battery
• invasion of privacy
• defamation of character
• false imprisonment

Question 7

What is civil assault?

Answer 7

The threat of injury

Causing apprehension is considered assault

Question 8

What is civil battery?

Answer 8

Where actual bodily harm has been inflicted

Examples:
• touching a patient without consent
• exposing the wrong patient
• causing mental or emotional anguish

Question 9

Examples of invasion of privacy

Answer 9

• unnecessarily touching or exposing a patient

* sharing confidential information about patients

Question 10

What does HIPAA stand for?

Answer 10

Health insurance portability and accountability act

Question 11

defamation of character?

Answer 11

• three conditions are necessary to constitute defamation

• Damaged reputation resulted
• statement is untrue
• person defaming another knew that the information was untrue

Slander: spoken defamation

Libel: written defamation

Question 12

What is false imprisonment?

Answer 12

Unnecessarily confining or restraining a patient without the patient’s permission

Question 13

What is unintentional misconduct?

Answer 13

A breach or failure to fulfill the expected standards of care

Question 14

Proving negligence requires what four elements?

Answer 14

• standard of care must be established
• prove breach of duty was by the technologist
• injury to the patient actually occurred
• cause of injury from the worker’s negligence

Question 15

What are the types of negligence?

Answer 15

Gross negligence: involves “reckless disregard for life and limb”

Contributory negligence: behavior of the injured person contributed to the injury

Corporate negligence: where the organization as an entity is negligent

Question 16

Patient consent is…?

Answer 16

Written
Oral
Implied

Consent can be removed at any time

Question 17

What are the three conditions for consent to be legal?

Answer 17

• legal age and mentally competent
• consent must be given voluntarily
• the patient must be adequately informed

Question 18

Informed consent?

Answer 18

• reasons for exam
• procedure
• potential risk
• who will perform procedure
• written consent for some exams
• need patient signature to prove permission

Question 19

What is Respondeat Superior

Answer 19

This doctrine finds the employer of the negligent employee jointly liable for negligence

Latin meaning: let the master answer

Question 20

What is Res Ipsa Loquitur

Answer 20

Latin meaning: the thing speaks for itself

Question 21

What are the seven C’s of malpractice prevention?

Answer 21

1. Competence
2. Compliance
3. Charting
4. Communication(w/ patient and health care workers)
5. Confidentiality
6. Courtesy
7. Caution

Question 22

What is borrowed servant?

Answer 22

• a principle under which the party usually liable for a persons actions (such as a hospital) is absolved of responsibility when that “ borrowed servant” is asked to do something(e.g. By a surgeon), which is outside of the bounds of hospital policy
• the surgeon may be liable for wrongful acts by the employee in this example

Question 23

What are the categories for reporting?

Answer 23

• domestic violence

• Child abuse
• spousal abuse
• elder abuse

• injuries
- personal or patient

• equipment malfunction
• excessive radiation exposure
• communicable diseases

Question 24

Who is a mandated reporter?

Answer 24

• all medical personnel
• school and child care personnel
• law enforcement
• others
   - I.e. Social workers, foster parents
• all citizens have responsibility to protect those who cannot protect themselves

Question 25

What is failure to report?

Answer 25

• a misdemeanor - Maximum penalty in county jail not to exceed 6 months and/or - A fine not to exceed $1000 • false reporting is also a misdemeanor - liable for damages caused - recent case resulted in RT incarceration(from reading radiographs- with no radiologist) • revocation of professional license or certificate

Question 26

ways to Recognize abuse

Answer 26

• Physical Abuse - Agitation - Bruises- especially in clusters or patterns - Fractures - Lacerations, puncture wounds - Rashes - Malnourishment, dehydration • Emotional Abuse - Agitation - Fearful Behavior - Withdrawal and apathy - Unusual behavior, i.e. biting, sucking or rocking

Question 27

Some abuse statistics

Answer 27

2-4 million women are battered each year - death: 2000 (80-90 percent of domestic violence cases are female) • approx 900,000 parents are beaten or abused by their children each year • approx 6 million children are seriously abused each year(3 million reports per year) - death: over 1000 • sexual abuse of children: 20 percent of children - usually by someone they know - starts are different for males and females

Question 28

What does MDR stand for?

Answer 28

Medical Device Reporting Is a federal program (FDA) Requires reporting by "mandatory reporters" For medical devices that contribute to serious illness, serious injury, or death Includes occurrences that may be attributed to user error

Question 29

What is charting?

Answer 29

• refers to any records to which you are expected to add to a document Example: a requisition in the M.I. Department is electronic - RIS Accuracy is a must "If it is not written, then it didn't happen"

Question 30

What is California code of regulations CCR 2500(b) and 2500(c) in regards to communicable diseases?

Answer 30

"Duty of every health care provider, knowing of or in attendance on a case or suspected case of any of reportable diseases, to report to the local health officer for the jurisdiction where the patient resides."

Question 31

What are the reporting agencies?

Answer 31

``` FDA- food and drug administration Medwatch OSHA Workers compensation Law enforcement State of California -radiologic health branch -department of social services ```

Question 32

Charting

Answer 32

Refers to any records to which you are expected to add to a document. Example: a "requisition" in the M.I. Department is electronic -RIS(textbook refers to RIMS: radiologic information management system) Accuracy is a must "If it is not written, then it didn't happen

Question 33

RIS (or RIMS)

Answer 33

``` Can contain: • limited info about patient • allergies • pertinent lab values • patients location • imaging procedures performed • radiologist reports • can order and bill through this system also ```

Question 34

Annotations

Answer 34

The RT is responsible to enter(chart) pertinent data about the exam and/or patient Example: change in patient status; treatments; medications given Include • date • time( in 24 hour clock system) • use your full signature, if required, not initials)

Question 35

According to California law how long must images be kept?

Answer 35

7 years