MC Ch. 7

Question 1

Professional sonographers must be

Answer 1

Aware of the legal and ethical issues associated with patient care.
Patient rights
Professional Accountability- resposibility for events for which one may have to give a judicial explanation
Laws- rules of conduct enforces be a controlling authority

Question 2

Goal of medical law

Answer 2

Is to protect people, correct injustice and compensate for injury

Question 3

The underpinnings (strengthening’s) of the law are:

Answer 3

Concern for justice and fairness
Need for laws to be pliable (flexible)
Similar standards of performance
Individual rights and responsibilities

Question 4

Inherent human desire to do good and to avoid evil

Answer 4

Natural law

Question 5

Effect the individual rather than society as a whole

Answer 5

Civil law

Question 6

Enforced by the fed/state legislatures to uphold social order and to protect the rights of individuals
Freedom of choice
Legal rights
Moral rights

Answer 6

Statuatory law

Question 7

Enacted by agencies under government auspices (protection) such as OSHA

Answer 7

Administrative law

Question 8

Court-made law based on custom and usage

*Malpractice law suits

Answer 8

Common law

Question 9

Intentional or unintentional wrongful acts resulting in injury to person or property

Answer 9

Torts

Question 10

• Assault
• Battery
• Confidentiality

Answer 10

Intentional Tort

Question 11

Inflicting/ threatening physical injury through force or violence

Answer 11

Assault

Question 12

Unlawful touching of another with or without injury

Answer 12

Battery

Question 13

HIPAA

Answer 13

Confidentiality

Question 14

• Negligence
• Duty
• Breach
• Harm
• Causation

Answer 14

Unintentional Torts

Question 15

Most common, failure to use reasonable care (medical malpractice)

Answer 15

Negligence

Question 16

Standard of care

Answer 16

Duty

Question 17

Failure to meet standard of care

Answer 17

Breach

Question 18

Injury suffered by patient

Answer 18

Harm

Question 19

Failure of patients care was actual cause of injury

Answer 19

Causation

Question 20

Expert witness is required to

Answer 20

Establish standard of care

Question 21

Right to prevent unauthorized contact with his or her person

• written
• verbal
• implied
• Exception is in emergency situations

Answer 21

Informed consent

Question 22

Legal responsibility for the consequences of one’s actions-negligence of based on 5 doctrines of liability

Answer 22

Liability

Question 23

Let the master answer - sonographers employer can be held liable as long as the sonographer is acting within scope of practice (doctrine of liability)

Answer 23

Master-servant (respondeat superior)

Question 24

Atternding physicians held liable; no longer used (doctrine of liability)

Answer 24

Borrowed servant (captain of the ship)

Question 25

Hospital held reponsible if sonographer is a contractor or independent agent

Answer 25

Ostensible agency

Question 26

(the thing that speaks for itself) a rule of evidence

Answer 26

Res ipsa loquitur

Question 27

The illegal detention of a person without consent * use of restraints * use of verbal threats

Answer 27

False imprisonment

Question 28

* Chaperones * Policy and procedure manuals * Scope of practice * Malpractice insurance-occurrence vs. claims-made policies * Guidelines-performance, assistance, record keeping, knowledge of state laws * Alternatives to malpractice litigation-risk management programs and QA progams

Answer 28

Protection against lawsuits

Question 29

Sonographers best friend

Answer 29

Documentation

Question 30

Used in event that a patient suffers injuries while in your care

Answer 30

Incident report

Question 31

* Supoenas- requires witness to appear and testify * Depositions * Testifying * Expert witnesses

Answer 31

Being called as a witness

Question 32

- Abortion - Recording OB exams - Non diagnostic use of ultrasound - Confidentiality - Competency - Professional Disclosure

Answer 32

Ethical dilemmas

Question 33

Practice in a safe, ethical and competent manner * Explain procedure and what you expect of patient * Work with care to avoid causing injury * Question any abnormal instructions * Maintain accurate records/ documents * Do not perform procedures you were not taught * Do not fail to meet the standard of care * Do not contribute to injury

Answer 33

Safe and sound sonography goals

Question 34

- Deontology - Teleology - Beneficence - Nonmaleficence

Answer 34

Basic concepts of ethics

Question 35

Study of duty, moral obligation, and taking the right action

Answer 35

Deontology

Question 36

Study of evidence of design and purpose of nature

Answer 36

Teleology

Question 37

Duty to promote good

Answer 37

Beneficence

Question 38

Above all do no harm

Answer 38

Nonmaleficence

Question 39

- Identify the problem - Gather pertinent information - Identify solutions - Evaluate consequences - Make decision - Act on decision - Evaluate results

Answer 39

Ethical decision making