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RT 205 > 4. Legal Issues > Flashcards

4. Legal Issues Flashcards

1
Q

is a civil wrong for which the law provides a remedy.

A

Tort law

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2
Q

is filed to recover damages for personal injury or property damage occurring from negligent conduct or intentional misconduct.

A

Tort law

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3
Q

Tort law may be divided into two categories

A

Intentional Torts,

Unintentional Torts.

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4
Q

result when an act is done with the intention of causing harm to another

A

Intentional torts

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5
Q

The intentional torts that are most likely to

have an impact on the provision of medical imaging services are

A

assault,
battery,
false imprisonment,
defamation

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6
Q

He stated in the _____ case Schloendorff v Society of N.Y. Hospitals that “every human being of adult years and sound mind has a right to determine what shall be
done with his own body; and a surgeon who performs an operation without his consent
commits an assault for which he is liable in damages.”

A

Justice Cardozo,

1914

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7
Q

does not require

knowledge of the procedure

A

Simple Consent

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8
Q

simply means that a patient’s permission must be obtained before the procedure can be performed

A

Simple Consent

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9
Q

is the assent required of a patient for any procedure

A

Simple Consent

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10
Q

are wrongs resulting from acts done with the intention of causing harm to another

A

Intentional Torts

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11
Q

________ with patients to ensure their understanding is

the best tool to lessen or decrease the risk of allegations of intentional torts

A

Communication

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12
Q

is a deliberate act wherein one person threatens to harm another without consent and the victim feels the attacker has the ability to carry out the threat

A

Assault

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13
Q

is touching to which the victim has not consented, even if the touching may benefit the patient

A

Battery

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14
Q

occurs if the x-ray examination is actually performed on the
competent, unwilling patient

A

Battery

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15
Q

Medical immobilization without consent is

A

Restraint

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16
Q

Legal Criteria for Use of Restraint

A
  1. Touching or restraining to which the patient has not consented is needed to protect the patient, health care members, or the property of others
  2. The restraint used is the least intrusive method
  3. Regular reassessment of the need to restrain occurs
  4. The restraint is discontinued as soon as practicable
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17
Q

is the unlawful confinement of a person within a fixed area

A

False imprisonment

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18
Q

The confined person must be _____ and _____ by confinement for false imprisonment

A

aware,

harmed

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19
Q

is often needed in the imaging department

A

Medical immobilization

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20
Q

encompasses negligence, failure to obtain informed consent and breach of patient confidentiality.

A

Unintentional Torts

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21
Q

are wrongs resulting from actions that were not intended to do harm

A

Unintentional Torts

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22
Q

The unintentional tort most commonly encountered in medical imaging is ________

A

Medical Malpractice

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23
Q

Case law concerning informed consent was established in the ____________ and the ____________

A

1957 case of Salgo v Leland Stanford Jr. University Board of Trustees,
1972 case of Canterbury v Spence

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24
Q

According to the _______ case, informed consent is necessary to allow the patient to determine the direction of treatment

A

Canterbury

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25
Q

2 Standards of Care

A 
Professional Standard,
Lay Standard (Layman)
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26
Q

a standard in which a physician is
required to disclose those risks that a reasonable and prudent medical practitioner would disclose under the same or similar circumstances

A

Professional Standard

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27
Q

a standard in which the physician’s disclosure duty is measured by the patient’s need for information rather
than by the standards of the medical professional

A

Lay Standard

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28
Q

a standard in which the physician is required to describe the benefits of the procedure and the accompanying risks, including the risk of death or paralysis.

A

Lay Standard

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29
Q

Two basic exceptions exist in which informed consent need not be obtained:

A

emergency situations,

cases in which therapeutic privilege is invoked

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30
Q

occurs only if the patient is unconscious or otherwise unable to give consent
and harm from failure to treat is imminent and outweighs any harm inherent in the
proposed treatment

A

Emergency Exception/ Situations

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31
Q

applies only if risk of disclosure poses such a threat to the patient that it will lead to further harm. The physician must have reason to believe that the patient would become unusually emotionally distraught if the information was disclosed.

A

Therapeutic Privilege

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32
Q

To prove lack of informed consent, a plaintiff must prove that:

A

a material risk existed that was unknown to the patient,
the risk was not disclosed,
disclosure of the risk would have led a reasonable patient to reject the medical procedure or choose a different course of treatment,
the patient was injured as a result of the lack of disclosure

33
Q

A consent form generally includes the:

A

name of the procedure,
a brief explanation of the procedure, including benefits and risks,
spaces for the patient’s name and the name of the person performing the procedure,
signature lines for the patient or surrogate,
the person explaining the procedure and obtaining consent, and at least one witness. Must be also be dated with the time recorded

34
Q

Elements in Informed Consent

A
  1. The consent must be given voluntarily by a mentally competent adult.
  2. The patient should not be coerced into giving consent.
  3. Patients must understand exactly to what they are consenting. If a patient
    speaks a foreign language or is deaf, an interpreter must explain the procedure
    requiring consent.
  4. The request for consent should include a description of the risks and benefits
    of the procedure, alternative treatment options, and expected outcomes if
    treatment is not commenced.
  5. The consent should be written, signed by the patient or representative,
    witnessed, and dated.
    Consent to treat a minor patient is usually given by a parent or guardian, but if the minor patient is at least 7 years old, he or she should be included in the decision-making process.
35
Q

If imaging professionals, after consulting with radiologists, do not feel that patients
have the capacity to give valid informed consent, ________ should be sought

A

Surrogate Consent

36
Q

AAP

A

American Academy of Pediatrics

37
Q

are useful tools to help inform patients about procedures and document consent

A

Consent Forms

38
Q

must never be used

in place of an oral explanation

A

Consent Form

39
Q

enacted by the federal government to enhance the rights of consumers regarding access to their records, limit access of others to those records, and improve quality, efficiency, and effectiveness of health care delivery through a national framework

A

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

40
Q

The major purposes of HIPAA

A

(1) to protect and enhance the rights of consumers by providing them access to their health information and controlling the inappropriate use of that information,
(2) to improve the quality of health care in the United States by restoring trust in the health care system among consumers, health care professionals, and the multiple organizations and individuals committed to the delivery of care,
(3) to improve the efficiency and effectiveness of health care delivery by creating a national framework for health privacy protection that builds on efforts by states, health systems, and individual organizations and individuals

41
Q

have added some clarity and conformity to issues regarding electronic personal health care information and have mandated that patients receive a notice
of the facility’s privacy practices

A

HIPAA regulations

42
Q

created a requirement that only the
minimum necessary information for the purpose of disclosure be released, rather than the entire record as was assumed in the past

A

HIPAA

43
Q

Under HIPAA, _____ also

allow the disclosure of health information without patient permission

A

special circumstances

44
Q

creates patient rights or in many jurisdictions reinforces existing patient rights. These rights include the right to inspect and copy their records; the right to ask for the information to be amended if the patient believes it to be inaccurate; the right to ask what disclosures have been made; the right to request restriction of information disclosure; the right to request the method of communication; and the right to a paper copy of the privacy notice of the institution

A

HIPAA

45
Q

(HHS)

A

Health and Human Services

46
Q

Under HIPAA, reasons for disclosure without consent include

A

treatment, payment, health care operations, appointment reminders, treatment alternatives, and health-related benefits; fundraising activities; facility directory; clergy; disclosure to those involved in payment of care; and research

47
Q

exist that do not require authorization for release of information

A

Special circumstances

48
Q

A request signed by a judicial officer requesting records when a lawsuit is in progress

A

Subpoena

49
Q

must specify the records to be disclosed

A

Subpoena

50
Q

JCAHO

A

Joint Commission on Accreditation of Healthcare Organizations

51
Q

Release of patient information to outside reviewers is governed by

A

state law as well

as HIPAA

52
Q

the most common outside requesters of medical information

A

Third-party payers

53
Q

is the legal obligation to report a variety of medical conditions and incidents, including venereal disease; contagious diseases such as tuberculosis; wounds inflicted by violence; poisonings; industrial accidents; abortions; drug abuse; and abuse of children, elderly people, and people with disabilities

A

statutory duty to report

54
Q

reinforces the obligation to follow state public health laws that require medical professionals and institutions to report a variety of medical conditions and incidents, including venereal disease; contagious diseases such as tuberculosis; wounds inflicted by violence; poisonings; industrial accidents; abortions; drug abuse; and abuse of children, elderly people, and people with disabilities

A

HIPAA

55
Q

certain medical conditions or incidents may extend to the imaging professional

A

statutory duty to report

56
Q

is the obligation to disclose information to warn third parties of a risk of violence or contagious disease or some other risk

A

Duty to warn third parties

57
Q

The duty to maintain confidentiality may come into conflict with the ______
to third parties in order to warn them of a risk such as violence or contagious disease

A

duty to disclose information

58
Q

is based on statute (such as the venereal disease or child abuse reporting statute) and the duty established through case
law to warn identifiable third parties threatened by patients.

A

duty to warn third parties

59
Q

imposes a duty to warn third parties regarding psychiatric dangerousness

A

Case law

60
Q

ARC

A

AIDS-related complex

61
Q

An area of concern in patient confidentiality is

A

patients’ access to medical records

62
Q

TORTS REGARDING CONFIDENTIALITY

A

Breach of Confidentiality, Defamation

63
Q

is the duty owed by health care providers to protect the privacy of patient information

A

Confidentiality

64
Q

This duty stems largely from the right to privacy, but courts have imposed liability based on statutes defining expected conduct, ethical duties owed to the patient, breach of the fiduciary duty to maintain confidentiality, and breach of contract or implied contract between patient and physician or health care facility.

A

Breach of Confidentiality

65
Q

is the making of a false statement to a third party that is harmful to another’s reputation

A

Defamation

66
Q

In the medical imaging setting, _______ may occur if something false that is harmful to the reputation is said to another person about a patient, a patient’s family member, a visitor, another employee, or a physician.

A

defamation

67
Q

is the utterance or publication of an unprivileged false statement that
hurts another’s reputation.

A

Defamation

68
Q

If the publication is oral, the defamation is

A

slander

69
Q

If the publication is written, defamation is

A

libel

70
Q

must have resulted from the publication of the false and defamatory statement

A

Harm

71
Q

Because the

statement must be false, the ____ is a total defense to a charge of defamation

A

truth

72
Q

If the false statement concerns criminal activity; a loathsome disease such as AIDS or venereal disease; business, trade, or professional misdeeds; or unchastity, no specific injury need be proved. These situations are termed

A

slander per se or libel per se

73
Q

Because no injury must be proven in libel or slander per se, the only facts to be proved are that a________ was made to another person and the teller or writer was at least negligent in telling it

A

false and defamatory statement or writing

74
Q

Guidelines as to when confidentiality can be breached include the following:

A
  • Requirement for patient authorization
  • Existence of a statutory duty to disclose
  • Duty to warn third parties
  • AIDS confidentiality and reporting
75
Q

are factors that determine whether

a person has a right to information

A

Contract relationships and special needs

76
Q

Types of obligatory secrets

A

natural, promised, and professional

77
Q

is the most important because of the damages incurred as

a result of its violation

A

Professional secrecy

78
Q

is necessary to allow the patient

to determine the direction of treatment

A

Informed Consent

RT 205 (10 decks)

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