Ch1 Ethical and Legal Foundations Flashcards
Define ethics
The system or code of conduct and morals advocated by a particular individual or group
Describe law
Set of governing rules
What is the purpose of ethics?
Elevates standards of competence, builds values and ideals
What is the purpose of laws?
Establishes minimum standards to protect the public
What is the punishment for breaking ethics?
Suspension or eviction from medical associations
What is the punishment for breaking the law?
Fines, imprisonment, revocation of license
What does ethics reflect?
Behaviors that reflect right or wrong
What does etiquette reflect?
Behaviors that reflect good manners
What’s the difference between ethics and etiquette?
Ethics are derived from moral values and may be above what is legal whereas protocols are the standards of etiquette at your employment
What are the 3 C’s of success?
- Courtesy - good manners
- Compassion - identifying with and understanding another person’s situation, feelings, and motives (not sympathy)
- Common sense - sound practical judgement
Besides the 3 C’s of success, what are other successful healthcare practitioner qualities?
People skills, technical skills, and critical thinking skills
What is professionalism?
Awareness of the conduct, aims, and qualities defining a given profession
(familiar with code of ethics and patient rights)
Most health care professions have a professional association that has developed a…
Code of ethics
What do codes of ethics do within a group?
- Govern the behavior of members
- Increase level of competence
- Increase standards of care
Hospitals and other healthcare organizations have…
Ethics committees
Ethics committees are comprised of…
- Doctors
- Nurses
- Social workers
- Bioethicist
What do ethics committees do?
- Clarify difficult issues and look at possible alternatives
- Help with conflict resolutions
Ethics committees are NOT…
Policy-making committees
Name 5 professional societies
- ASRT (American Society of Radiologic Technologists
- ARRT- American Registry of Radiologic Technologists
- OSRT - Ohio Society of Radiologic Technologists
- JRCERT - Joint Review Committee on Education in Radiologic Technology
- Joint Commission
Define bioethics
Study of ethical implications of biological research methods and results, especially in medicine
(no simple answers to ethical questions posed in bioethics)
What are examples of bioethics?
Organ transplant, reproductive technologies, animal research
What are the 7 principles of biomedical ethics?
- Autonomy: respect for the patient as a person
- Beneficience: performance of good acts
- Confidentiality: duty to protect patient’s privacy
- Justice: moral rightness
- Nonmaleficience: avoidance of evil
- Role Fidelity: faithfulness and loyalty
- Veracity: obligation to tell the truth and not lie
What is critical thinking?
Purposeful, self-regulatory judgement
What is critical thinking comprised of?
- Interpretation: know the problem/situation
- Analysis: ability to use ethical theories or models
- Evaluation: apply ethical theories or models to a given situation
- Inference: plan an appropriate plan of action
What are values?
Quality or standard that is desirable or worthy of esteem in itself
Name 3 types of values
- Professional values
- Personal values
- Cultural values
What are the 3 broad (ethical) schools of thought?
- Consequentialism -teleology
- Deontology
- Virtue ethics
Define consequentialism
Decisions based on the consequences or outcomes of a given act
What are 3 consequentialism questions?
- What is the good of this activity?
- What is the future benefit of this activity?
- Are the final outcomes good?
What do advocates do?
Provide the greatest good for the greatest number
Describe deontology
Decision-making on individual motives and morals rather than consequences
(significance of actions themselves)
Define virtue ethics
The focus on use of practical wisdom and moral character for emotional and intellectual problem-solving
What does virtue ethics do?
Incorporates elements of teleology and deontology to provide a more holistic approach to solve ethical problems
What are the 5 things ethical models are comprised of?
- Engineering: provider views patient as a condition or procedure
- Paternal/priestly: think s/he knows what is best for patients
- Collegial: mutual cooperation between patient and provider
- Contractual: business relationships in which both the provider and patient have obligations, rights, and responsibilities
- Covenantal: agreement between provider and patient ground in traditional values
Who recognized the important of a patient’s right to know?
American Hospital Association
What is the Dowd model of problem-solving?
- Assessment of the problem
- Isolate the issues
- Analysis of the data
- Development of a plan of action
- Institution of the plan
- Analyze the outcome
Describe the law
Body of rules of action or conduct prescribed by controlling authority
Has a binding legal force
What are the branches of the law?
- Administrative
- Criminal
- Civil
What does administrative law deal with?
Deals with licensing and regulation
What are the penalties for breaking administrative law?
Suspensions and revocation of license
ex) ARRT
What does criminal law address?
Addresses wrongs against the state
What are the penalties for breaking criminal law?
Fines, restitution, community service, incarceration
What does civil law address?
Addresses wrongs committed by one party harming another party
What are the penalties of civil law?
Monetary, damages to compensate for loss or to punish
What is statutory law?
Includes all laws enacted by federal, state, county, and city governments
What are components in statutory law?
Duty and negligence
What is duty?
What must be done
What is negligence?
Can be found if duty was not met
ex) patient didn’t sign consent form before surgery
If a state does not have a law, it will be covered by…
Judicial decisions
What are judicial decisions?
Court decisions based on previous cases
What laws do you think the radiographer must follow?
- Criminal
- Administrative
- Civil
What type of lawsuit are radiographers generally brought under?
Tort law - a branch of civil law
What is a torts lawsuit for?
To recover damages for personal injury or property occurring from negligence or intentional misconduct
Torts includes:
- Battery
- Breach of patient confidentiality
- Assault
- Defamation
- False Imprisonment
- Negligence
- Lack of consent
What is the most common type of torts lawsuit?
Negligence
Define assault
Threat of touching in an injurious way (even yelling)
Define battery
Unlawful touching of a person without their consent
Define false imprisonment
Holding a person against their will (physical restraint vs reasonable judgment - as long as you think you’re protecting them)
Define negligence
Neglect or omission of reasonable care or caution
(based on the doctrine of the reasonably prudent person)
Define lack of consent
A person not giving permission
Define breach of confidentiality
Unauthorized disclosure of patient’s private information
Define defamation
The action of damaging the good reputation of someone; slander or libel
What is libel and slander?
Malicious spreading of information that causes defamation of character or loss of reputation
Libel and slander
& verbal and written
Which one goes with which?
Libel=written
Slander=verbal
What 2 categories does torts fall into?
Intentional misconduct and unintentional misconduct
What is intentional misconduct comprised of?
- False imprisonment
- Invasion of privacy
- Libel and slander
- Battery
What is invasion of privacy?
Confidentiality has not been maintained or when a patient’s body has been improperly or unnecessarily exposed or touched
What is unintentional misconduct comprised of?
- Negligence
- Malpractice
Define malpractice
“An act of negligence in the context of such a relationship”
(improper, illegal, or negligent professional activity or treatment)
What is considered professional negligence?
Malpractice
How do you claim malpractice?
- Defendant had a duty to provide reasonable care to patient
- Patient sustained some loss or injury
- Defendant is the party responsible for the loss
- Loss is attributable to the negligence or improper practice
How do you say “the thing speaks for itself” in Latin?
Res ipsa loquitur
What does “res ipsa loquiter” refer to?
Loss is so apparent that they would be obvious to anyone
How do you say “let the master respond” in Latin?
Respondeat superior
What does “respondeat superior” refer to?
The tendency to place blame on the highest authority possible
What are the 7 C’s of malpractice prevention?
- Competence
- Compliance
- Charting
- Communication
- Confidentiality
- Courtesy
- Carefulness
Define competence
Adhering to professional standards
Define compliance
Actions based on policies and procedures
Define charting
Documenting completely, clearly, and consistently
Define communication
Exchanging information
Define confidentiality
Protecting patient’s privacy
Define courtesy
Watching attitude and demeaner
Define carefulness
Attentive, cautious
Define plaintiff
Person with complaint
Define complaint
Claim or petition
Define defendant
Person who “committed the tort”
What are the phases of a lawsuit?
- Pleading phase
- Discovery phase
- Trial
- Decision
What occurs during the pleading phase of a lawsuit?
- Plaintiff files the complaint
- Plaintiff must prove case against defendant
- Defendant must provide court with a written statement within set date
What is the purpose of the discovery phase?
To find the truth
How is the truth “found” during the discovery phase?
Through:
- Written statements
- Questions by employees, employers
- Documents
- Deposition
Define deposition
Oral questions
How must the discovery phase be conducted?
With the supervision of the defense attorney
If the lawsuit moves to trial, the lawsuit can…
Be dismissed or settled at any time before or during trial
What is often used to bring objectivity to the parties and to settle the lawsuit during trial?
Negotiators, mediators, or arbitrators
What will occur if a lawsuit goes to trial?
Presentation of all facts and witnesses will be called
During the decision phase, the decision is going to be for…
Either the plaintiff or the defendant
What is the term for when decisions may be reversed or reviwed?
Post-decision appeal process
What is risk management?
A system to identify, analyze, and evaluate risks and ways to treat them
What are the goals of risk management?
- Elimination of the causes of loss expirienced by hospital and it’s patients
- Reduction in the operational and financial effects of unavoidable losses
- Coverage of inevitable losses at the lowest cause
*
Define quality assurance
Process to assess quality of patient care
Who are the committe members of the quality assurance team?
Members from all aspects of the hospital
Who are quality reports sent to for continued accreddidation?
JCAHO - Joint Commission on Accreditation of Healthcare Organizations
What are the common risk management guidelines?
- Follow facility and departmental policies and procedures
- Take a thorough, consistent, and systematic approach to informed consent and documentation
- Strictly respect patient confidentiality
- Practice consistent radiation protection
- Be aware of safety issues
- Report hazardous conditions
Define code of ethics
Guide by which certificate holders evaluate their professional conduct in relation to patients, healthcare consumers, colleagues, employers, and other members of healthcare team
Code of ethics principle 1
The radiologic technologist acts in a ____ ____, responds to patient ____, and supports colleagues and associates in providing _____ patient care.
The radiologic technologist acts in a PROFESSIONAL MANNER, responds to patient NEEDS, and supports colleagues and associates in providing QUALITY patient care.
Code of ethics principle 2
The radiologic technologist acts to ____ the principal objective of the profession to provide services to humanity with full _____ for the dignity of mankind.
The radiologic technologist acts to ADVANCE the principal objective of the profession to provide services to humanity with full RESPECT for the dignity of mankind.
Code of ethics principle 3
The radiologic technologist delivers patient care and service _____ by the concerns of personal attributes or the nature of the disease or illness, and without ______ on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, gender identity, veteran status, age, or any other ____ protected basis.
The radiologic technologist delivers patient care and service UNRESTRICTED by the concerns of personal attributes or the nature of the disease or illness, and without DISCRIMINATION on the
basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, gender identity, veteran status, age, or any other LEGALLY protected basis.
Code of ethics principle 4
The radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories ____ with the purposes for which they were designed, and employs procedures and techniques ____.
The radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories CONSISTENT with the purposes for which they were designed, and employs procedures and techniques APPROPRIATELY.
Code of ethics principle 5
The radiologic technologist assesses situations; exercises care, discretion, and judgment; assumes ____ for professional decisions; and acts in the best ____ of the patient.
The radiologic technologist assesses situations; exercises care, discretion, and judgment; assumes RESPONSIBILITY for professional decisions; and acts in the best INTEREST of the patient.
Code of ethics principle 6
The radiologic technologist acts as an agent through observation and communication to obtain pertinent information for the physician to aid in the ____ and _____ of the patient and recognizes that interpretation and diagnosis are outside the scope of practice for the profession.
The radiologic technologist acts as an agent through observation and communication to obtain pertinent information for the physician to aid in the DIAGNOSIS and TREATMENT of the patient and recognizes that interpretation and diagnosis are outside the scope of practice for the profession.
Code of ethics principle 7
The radiologic technologist uses equipment and accessories, employs techniques and procedures, performs services in accordance with an accepted ____ __ ______, and demonstrates expertise in ______ radiation exposure to the patient, self, and other members of the healthcare team.
The radiologic technologist uses equipment and accessories, employs techniques and procedures, performs services in accordance with an accepted STANDARD OF PRACTICE, and demonstrates expertise in MINIMIZING radiation exposure to the patient, self, and other members of the healthcare team.
Code of ethics principle 8
The radiologic technologist practices ____ conduct appropriate to the profession and ____ the patient’s right to quality radiologic technology care.
The radiologic technologist practices ETHICAL conduct appropriate to the profession and PROTECTS the patient’s right to quality radiologic technology care.
Code of ethics principle 9
The radiologic technologist respects confidences entrusted in the course of professional practice, respects the patient’s right to ____, and reveals confidential information only as required by law or to ____ the welfare of the individual or
the community.
The radiologic technologist respects confidences entrusted in the course of professional practice, respects the patient’s right to PRIVACY, and reveals confidential information only as required by law or to PROTECT the welfare of the individual or
the community.
Code of ethics principle 10
The radiologic technologist continually strives to _____ knowledge and skills by participating in ____ _____ and professional activities, sharing knowledge with colleagues, and investigating new aspects of professional practice.
The radiologic technologist continually strives to IMPROVE knowledge and skills by participating in CONTINUING EDUCATION and professional activities, sharing knowledge with colleagues, and investigating new aspects of professional practice.
Code of ethics principle 11
The radiologic technologist ____ from the use of illegal drugs and/or any legally controlled substances which result in _____ of professional judgment and/or ability to practice radiologic technology with reasonable skill and safety to patients
The radiologic technologist REFRAINS from the use of illegal drugs and/or any legally controlled substances which result in IMPAIRMENT of professional judgment and/or ability to practice radiologic technology with reasonable skill and safety to patients.
