Ch. 26 Medical Law

Question 1

An ______ claim may arise when a patient believes they have been threatened in such a way that reason to fear or to expect immediate bodily harm exists.

Answer 1

Assault
- This fear may arise from a comment made by the technologist to the patient before or during the examination

Question 2

Example of assault:

Answer 2

Threatening to repeat a painful examination if the patient doesn’t hold still, may be considered assault

Question 3

Any unlawful touching of another that is without justification or excuse:

Answer 3

Battery
- Touching a patient without the patients permission

Question 4

____ may occur even if no injury arises from such contact. Any unlawful toughing may constitute ___ is the patient thinks the technologist touched them in an offensive way.

Answer 4

Battery

Question 5

_____ is a legally enforceable agreement between parties creating mutual obligations.

Answer 5

Contact

Question 6

A patients claim that they have been wronged or have sustained some injury, other than a breach of contract, and for which cause may exist for an action to receive compensating for damages is known as a _____

Answer 6

Tort

Question 7

False Imprisonment

Answer 7

Arises when a person is restrained or believes they are being restrained against their will.

Question 8

If information concerning a patient was released to unauthorized individuals, and if the information was disseminated in such a way that the patient became subject to ridicule, scorn, or contempt and was injured in some way other or another way such as loss of business, job or home then an action for _____ might be brought against the individual responsible for the breach of patient confidence.

Answer 8

Defamation

Question 9

What are the two types of defamation?

Answer 9

Slander- Spoken Word
Libel- Which involved written or published comments or pictures

Question 10

_____ generally defined as willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individual right or property.

Answer 10

Fraud

Question 11

It has been estimated that about 10% of all medical claims of negligence involve:

Answer 11

Medical Imaging

Question 12

Which of the following is false regarding informed consent?
A) the patient must be competent to sign
B) for accuracy, medical terms specific to the procedure should be used
C) the physician named on the consent form is the only physician who can perform the procedure
D) any condition stated on the consent form must be met

Answer 12

B

Question 13

When negligence occurs to a patient, who is responsible for proving injury?

Answer 13

Patient

Question 14

If the treat of bodily harm were to occurs to a patient as a result of reckless conduct by the health care provider, this would be deemed

Answer 14

Assault

Question 15

What type of complaint can be filed by patients if they feel they have been touched without permission?

Answer 15

Battery

Question 16

Placing a child in a Pigg O Stat without a parents permission may warrant

Answer 16

False imprisonment (restrained or believe they are restrained against their will)

Question 17

What is an example of negligence?

Answer 17

Radiographing the wrong body part
(failure to use such cause as a reasonably prudent person would)

Question 18

A claim that someone has been wronged or sustained injury is called

Answer 18

A tort

Question 19

Fastening a patient into a confining, immobilized device that they question, for a simple wrist radiograph can help viewed as:

Answer 19

False Imprisonment (believes they are being restrained)

Question 20

A process by which a patient can agree to be treated or refuse to be treated based on information provided by the radiographer about the examination is called _______ consent

Answer 20

Informed

Question 21

Touching a patient on the symphysis pubis for a frontal thoracic spine projection could be viewed as _____

Answer 21

Battery

Question 22

Term res ipsa loquitur means_____

Answer 22

Thing speaks for itself

Question 23

The doctrine of respondeat superior states that ______

Answer 23

Employer is responsible for employees actions

Question 24

Getting a speeding ticket from a state police officer on an interstate highway would be a violation of _____

Answer 24

Legislative Law

Question 25

In a legal proceeding, the actions of a radiographer will be judged with regard to his or her compliance with the ______

Answer 25

Practice Standards for medical imaging and radiation therapy

Question 26

Written defamation of a person is termed _____

Answer 26

Libel

Question 27

Defamation of a character by speaking poorly of an individual is ______

Answer 27

Slander

Question 28

All the following are necessary for a legitimate case of malpractice except:
A) a clear definition of duty
B) proof of damages
C) a clear illustration of one’s breach of duty
D) third party testimonial as to the inappropriate acts of the defendant

Answer 28

D

Question 29

In a legal cause of negligence

Answer 29

• a breach of duty has to be identified
• the definition of duty has to be identified
• injury has to clearly be identified
• injury has to be clearly connected to the negligent act

Question 30

Acceptable informed consent for a simple breast biopsy

Question 31

The legal doctrine of res ipsa loquitur intends to shift the burden of proof from the plaintiff to the defendant (technologist). It implied that the patient was injured through no fault of his or her own while in complete control of another. An example of this is:

Answer 31

Patients skin being torn as he is transferred from a cart to his bed

Question 32

On an informed consent, the patient is the only individual who must sign;
True or false?

Answer 32

False (both parties must sign)

Question 33

True or false;
Radiologic technologist are legally liable for their daily actions in dealing with procedures and patient care

Answer 33

True

Question 34

When negligence occurs to a patient, who is responsible for proving injury?

Answer 34

Plaintiff