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Intro to Sonography > Ch 8: Medico-Legal Aspects of Sonography > Flashcards

Ch 8: Medico-Legal Aspects of Sonography Flashcards

1
Q

Define accountability

A

being required to answer for one’s actions

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2
Q

Define laws

A

rules of conduct enforced by a controlling authority

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3
Q

The goals of medical law are…

A
  1. protect people
  2. correct injustices
  3. compensate for injuries
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4
Q

Failure to adequately meet the codes of conduct leaves…

A

all health care professionals open to civil actions.

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5
Q

The purpose of the ‘Scope of Practice’ document is to…

A

specify the roles of diagnostic ultrasound professionals as members of the health care team, actin in the best interest of the patient.

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6
Q

According to the Scope of Practice, the diagnostic u/s pro is…

A

an individual qualified by professional credentialing and academic and clinical experience to provide diagnostic patient care services using u/s and related diagnostic procedures.

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7
Q

The scope of practice of diagnostic u/s pros includes..

A

those procedures, acts, and processes permitted by law for which the individual has received education and clinical expericene and in which she has demonstrated competency.

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8
Q

Define rights.

A

entitlements that one deserves according to just claims, legal guarantees, or moral principles.

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9
Q

The three categories of rights are…

A
  1. freedom of choice
  2. legal rights
  3. moral rights
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10
Q

SG’s actions are judged by universally accepted standards of…

A

what a prudent and reasonable SG with similar education and training would do in a similar situation.

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11
Q

The four basic forms of law:

A
  1. The Constitution
  2. Statutory law
  3. administrative law
  4. common law
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12
Q

Define statutory law.

A

Laws established and enforced by federal or state legislators in response to perceived needs for social regulation.

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13
Q

Define administrative law.

A

A form of law made by administravtive agencies appointed by the President or Governor, ie ‘independent agencies’. Example: OSHA or FTC.

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14
Q

Define common law.

A

Laws based on custom, usage, and the decisions of the court. Most malpractice laws are court-made laws.

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15
Q

Define tort.

A

A wrongful act resulting in injury to another’s person, property, or reputation - independent of a contract - for which the injured party is entitled to seek compensation.

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16
Q

Intentional tort (misconduct) can include:

A
  1. assault
  2. battery
  3. invasion of privacy
  4. false imprisonment
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17
Q

Tort: assault

A

Threatening or unsucessfully attempting to inflict physical injury through force or violence and producing fear of immediate harm.

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18
Q

Tort: battery

A

The unlawful touching of another person (directly or with an object) without that person’s consent, with or without resultant injury.

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19
Q

Define informed consent.

A

Permission obtained from a pt to have a test or procedure performed after the pt has been fully informed about the test or procedure. The consent may or may not be in writing, but a written consent provides better legal protection for the health care professional.

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20
Q

Consent is only valid if the pt is…

A
  1. of legal age
  2. is mentally competent
  3. gives consent voluntarily
  4. is adequately informed about the medical care being recommended with potential risks
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21
Q

Essential elements of informed consent…

A
  1. description of procedure
  2. risks
  3. benefits
  4. alternatives
  5. confidentiality
  6. contacts
  7. voluntary participation and withdrawal
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22
Q

Medical treatment carried out without a pt’s consent will…

A

amount to battery, regardless of the doctor’s motive.

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23
Q

Implied consent is used for unconscious patients and…

A

assumes that the pt would want consent extended in order to secure care.

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24
Q

Tort: invasion of privacy

A

The wrongful intrusion into a person’s private life, including publication of private facts.

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25
Q

Privacy is composed of…

A
  1. intrusion on the pt’s physical and material solitude or seclusion
  2. public disclosure of private facts
  3. publicity that places the pt in a false light in the public eye
  4. appropriation for the defendant’s benefit or advantage of the pt’s name or likeness
26
Q

Who can be allowed access to the pt’s records?

A

Only professionals involved in a pt’s care and with a need to know about the pt.

27
Q

Where can we find specific guidelines about what can be revealed about a pt without violating confidentiality?

A

Your employer’s policy & procedure manual

28
Q

What’s HIPAA stand for?

A

Health Insurance Portability and Accountability Act (Became effective April 20, 2005.)

29
Q

Tort: false imprisonment

A

The illegal detention of a person without his or her consent, by restraints or verbal threats.

30
Q

Intentional misconduct: defamation

A

Any communication that holds a person up to contempt, hatred, ridicule, or scorn or lowers the reputation of a person. Include spoken (slander) or written (libel) defamation.

31
Q

The three most common forms of unintentional misconduct are…

A
  1. negligence
  2. duty
  3. breach
32
Q

Unintentional misconduct: negligence

A

The omission or commission of an act or action that a reasonably prudent SG would not have ommitted or committed.

33
Q

Unintentional misconduct: duty

A

Your obligation to provide the standard of care.

34
Q

Unintentional misconduct: breach of duty

A

When that standard of care has not been met and it results in injury to the pt.

35
Q

Cause

A

A reason, motive, or grounds for bringing a legal action, to be resolved by a court of law.

36
Q

Medical malpractice

A

A dereliction from one’s medical professional duty that results in injury, loss, or damage. A failure to exercise an accepted degree of medical professional skill/learning when rendering medical services.

37
Q

Liability

A

legal responsibilty for one’s actions

38
Q

The four doctrines on which negligence are based

A
  1. master-servant
  2. borrowed servant/captain of the ship
  3. ostensible agency
  4. res ipsa loquitur
39
Q

Doctrines: Master-servant

A

respondeat superior - “let the master answer”; an employer, along with the employee, is responsible for the employee’s negligence while on the job. (Thought the employer may turn around and sue the SG.)

40
Q

Doctrines: Borrowed servant/Captian of the Ship

A

The physician and the SG are liable for the negligence, but the hospital is not.

41
Q

Doctrines: Ostensible agency

A

A hospital may be held liable for the negligence of a nonemployee if 1) it was implied that the person was an employee or 2) the pt assumed that fact.

42
Q

Doctrines: Res ipsa loquitur

A

“let the thing speak for itself”; the defendant must demonstrate that injury could not have occurred if there had been no negligence.

43
Q

Two sorts of cases to which ‘res ipsa loquitur’ is often applied

A

1) sponges and other foreign objects unintentionally left in the body
2) injuries to parts of the body distant from the site of treatment

44
Q

Two ways to protect yourself against lawsuits

A

1) chaperones

2) malpractice insurance

45
Q

Two kinds of insurance policies

A
  1. occurance - protects beyond the length of the policy

2. claims-made - only during the policy period

46
Q

‘Lawsuit proof’ guidelines: “Always perform procedures ________ where you work.”

A

as taught or outlined in the procedure manual

47
Q

‘Lawsuit proof’ guidelines: “Ask for _________ if you do not know how to perform a procedure.”

A

assistance; IGNORANCE IS NO EXCUSE.

48
Q

‘Lawsuit proof’ guidelines: “Keep __________ while the pt was in your care.”

A

exact records of all procedures, technical impressions, and physician’s findings, recording any unusual pt behavior or incidents that might have occured

49
Q

‘Lawsuit proof’ guidelines: “Learn what _______ is provided by your employer.”

A

legal protection

50
Q

‘Lawsuit proof’ guidelines: “Determine what _____ are in effect in your state of employment.”

A

licensing and medical malpractice laws

51
Q

‘Lawsuit proof’ guidelines: “Determine if any work practices ______.”

A

place you in violation of licensing or medical malpractice laws

52
Q

The three elements of risk management programs

A
  1. identify the risks
  2. evaluate the risks
  3. treatment of the risks
53
Q

The implementation of quality assuanace testing is

A

to ensure that the u/s equipment functions correctly and safely and is not a factor in any litigation.

54
Q

subpeona

A

a court document that requires a witness to appear and testify or to produce documents or papers pertinent to a pending controversy

55
Q

Believing that __________, even if the SG has done nothing wrong, is foolish.

A

counsel is not needed

56
Q

Your liability insurance company will

A

assign you an attorney.

57
Q

If you are covered by your employer’s insurance policy, you should

A

consult with the risk management team immediately.

58
Q

While on the stand, it is better to say __________ than to make up an answer.

A

“I don’t know” or “I don’t remember”

59
Q

The testimony of an expert witness requires

A

giving explanations or opinions about highly technical skills or information.

60
Q

The ‘Do’s’ of being a good SG:

A
  • Thoroughly EXPLAIN the procedure and what is expected
  • Work with EXTREME CARE to avoid injuring the pt
  • QUESTION any abnormal instructions
  • MAINTAIN RECORDS in case you need to provide info later
  • USE COMMON SENSE and practice within the limits of your abilities.
61
Q

The ‘Don’t’s’ of being a good SG:

A
  • Perform procedures you haven’t been taught.
  • Fail to meet standards of safe care for pts
  • Fail to prevent injury to other coworkers and visitors
62
Q

The best protection against legal jeopardy is

A

to practice SG in a safe, ethical and competent manner.

Intro to Sonography (6 decks)

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