Ch. 26 Medical Law Flashcards
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.
Assault
- This fear may arise from a comment made by the technologist to the patient before or during the examination
Example of assault:
Threatening to repeat a painful examination if the patient doesn’t hold still, may be considered assault
Any unlawful touching of another that is without justification or excuse:
Battery
- Touching a patient without the patients permission
____ 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.
Battery
_____ is a legally enforceable agreement between parties creating mutual obligations.
Contact
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 _____
Tort
False Imprisonment
Arises when a person is restrained or believes they are being restrained against their will.
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.
Defamation
What are the two types of defamation?
Slander- Spoken Word
Libel- Which involved written or published comments or pictures
_____ 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.
Fraud
It has been estimated that about 10% of all medical claims of negligence involve:
Medical Imaging
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
B
When negligence occurs to a patient, who is responsible for proving injury?
Patient
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
Assault
What type of complaint can be filed by patients if they feel they have been touched without permission?
Battery
Placing a child in a Pigg O Stat without a parents permission may warrant
False imprisonment (restrained or believe they are restrained against their will)
What is an example of negligence?
Radiographing the wrong body part
(failure to use such cause as a reasonably prudent person would)
A claim that someone has been wronged or sustained injury is called
A tort
Fastening a patient into a confining, immobilized device that they question, for a simple wrist radiograph can help viewed as:
False Imprisonment (believes they are being restrained)
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
Informed
Touching a patient on the symphysis pubis for a frontal thoracic spine projection could be viewed as _____
Battery
Term res ipsa loquitur means_____
Thing speaks for itself
The doctrine of respondeat superior states that ______
Employer is responsible for employees actions
Getting a speeding ticket from a state police officer on an interstate highway would be a violation of _____
Legislative Law
In a legal proceeding, the actions of a radiographer will be judged with regard to his or her compliance with the ______
Practice Standards for medical imaging and radiation therapy
Written defamation of a person is termed _____
Libel
Defamation of a character by speaking poorly of an individual is ______
Slander
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
D
In a legal cause of negligence
- 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
Acceptable informed consent for a simple breast biopsy
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:
Patients skin being torn as he is transferred from a cart to his bed
On an informed consent, the patient is the only individual who must sign;
True or false?
False (both parties must sign)
True or false;
Radiologic technologist are legally liable for their daily actions in dealing with procedures and patient care
True
When negligence occurs to a patient, who is responsible for proving injury?
Plaintiff
