Ch. 7 Legal and Ethical Aspects of Sonography Flashcards
True or false:
Sonographers are not responsible for any harm that a patient may suffer as a result of their actions
False.
Sonographers ARE responsible.
What is the perpose of legal consequences?
Professional accountability
What law is enforced by federal or state legislators, and uphold social order and protect the rights of individuals?
Statutory law
What law is made by administrative agencies appointed by the president or governor?
Administrative law
What law is court-made based on custom and usage?
Common law
What is a wrongful act, other than a breach of contract, for which the law provides a remedy?
Tort
Assult, battery, invasion of privacy, and false imprisonment are examples of what kind of tort?
Intentional tort
Negligence is an example of kind of tort?
Unintentional tort
What is it when a negligent act or omission by a medical professional results in harm to the patient?
Medical Malpractice
What four elements does an injured patient (the plaintiff) must prove?
Duty, breach, harm, and causation
True or false:
The burden of proof does not shift to the defendant.
False
It can shift to the defendant
What is it called when the patient has the right to prevent unauthorized contact with his orher person?
Informed consent
True or false:
The health care professional must disclose information that lets the patient make a knowledgeable decision about proposed procedures or treatments
True
what are was to express consent?
Written or spoken
True or False:
Consent is understood from the circumstances surrounding the procedure.
True
What is a legal responsibility for the consequences of one’s actions?
Liability
What are the 3 doctrines of liability for negligence?
-Master-servant
-Ostensible agency
-Res ipsa loquitur
What are the two types of malpractice insurance?
Claims-made policy and occurrence policy
How can you protect yourself against lawsuits?
-insist on written requests
-Do not perform any scans or procedures for which you have not been trained
-Determine if a chaperone should be present
-Ensure that the patient understands the procedure and why it is being performed
-Make sure that the equipment is adequate for the requested study
What are alternatives to malpractice litigation?
Risk management programs, identifying risks, and documentation.
What is it when a court document that requires a witness to appear and testify or to produce documents or papers pertinent to a pending controversy?
Subpoena
What is an expert witness?
A witness that must be able to analyze the facts presented and draw inferences from those facts.
What is a system of valued behaviors and beliefs that govern proper conduct and character to ensure protection of individuals’ rights?
Ethics
What ethics grew out of the patient-physician relationship?
Medical ethics
What are sonographers ethical responsibilities?
Communication, compassion and respect, unbiased treatment, patient privacy, patient safety, CE, and responsibilities to self, employees, profession and colleagues.
What is a duty to promote good and to act in the best interest of the patient and society?
Beneficence
What is the primary credo of the health professions: “Above all, do no harm.”?
Nonmaleficence
What are the reasons for a selective termination for a multifetal pregnancy?
-Serious complications occur
-Serious anomalies are detected
-it will improve the outcome for the remaining embryos or fetuses.
True or False:
Sonographers can attempt to dissuade, encourage, or punish their patients depending on the patient’s choices.
False
NEVER
Why do sonographers provide images to patient in obstetric examinations?
-Enhances fetal bonding
-educates patients and family members
-uncreases the likelihood that the mother will follow her doctor’s parental advice
-Increases the patient’s acceptance of sonography
Why wouldn’t sonographers provide images to patient?
-Extends scanning time
-Extends patient exposure
-Disrupts the sonographer’s concentration
-Resembles commercialization
What cirumstances would personal diagnostic information not be confidential?
-Knowledge of contagious diseases
-Child abuse
True or False:
Even after getting the proper education, sonographers are not required to get CE hours from authorized accrediting organizations.
False
Sonographers still need CE hours. 30 hours every 3 years.