Chapter 26 Flashcards
What is significant about Schloendorf v. Society of NY Hosptial?
Case law that lays the foundation for the relationship between patients and health care providers - protects patient rights
What is the AHA and what do they do?
American Hopsital Administration
Protect values and dignity of patients
Medicine and law often in conflict
What are the different types of laws?
Constitutional
Laws enacted by legislative
Case law
Standard of Care definition:
Skill, knowledge and care ordinarily possessed and employed by members in good standing within the profession
What do the Standards of Care outline?
Minimum expectations of performance as determined by the profession
What are things the court might look at when determining Standard of Care?
Federal and state regulations
Job descriptions
Cirriculum guides
Course goals/objectives
Professional customs and Standards of Practice
What is the ASRT? What do they do?
American Society of Radiologic Technologists
Developed and holds “Practice Standards for Radiography”
What are Practice Standards used for?
Used by the courts to help determine if an individual is compliant with the generally accepted national standard for the profession
Who continually updates and reviews Practice Standards?
Practice Standards Council
What percentage of medical negligence claims relate to diagnostic imaging?
10%
What is a Tort?
A civil wrong committed by one person against another person or property; does not include a breach of contract
What must exist for a patient to file a tort?
Patient wronged or suffered - must be a breach of duty
Injury occurred during procedure or while in department
Believes care received was less than optimal
Felt threatened
What is Assault?
Threatened to the point of fear or bodily harm
What is Battery?
Touching patient without their permission
What is False Imprisonment?
A person is restrained against their will.
How to restrain inebriated patient?
Talk to physician to delay exam. If the exam must be completed immediately, then use restraints
How to restrain senile/pediatric patient?
Obtain consent from guardian
What should you do if exam can’t be postponed and restraints must be used?
Document the use and rationale for use
What is Defamation?
Breach of patient confidentiality. Keep all information regarding patient, diagnosis, and prognosis in confidence
What are the two types of defamation?
Slander - spoken word
Libel - written word or published comments/pictures
What is Fraud?
Willful and intentional misrepresentation of facts.
What is Negligence
Failure to use such care as a reasonably prudent person would under like and similar circumstances
What elements must be present to claim negligence?
- Duty to patient by health care worker
- Breach of this duty
- Compensable injury
- Relationship between injury and breach
What is Res Ispa Loquitur
The thing speaks for itself - burden of proof shifts from patient to worker; healthcare worker must prove they were not negligent
3 elements required to claim Res Ispa Loquitur
- Injury caused by negligence
- Activity was under complete control of the defendant
- Plaintiff did not contribute to injury in any way
What is Respondant Superior?
Master speaks for the servant - physicians or healthcare facility is responsible for negligent acts of their employees
What is Corporate Liability?
Standard the institution has set for themselves.
Maintenence of equipment
Selection or retention of employees
What is Implied Consent?
Patient arrives to department and allows radiographer to perform a single procedure - does not require a signed signature
What is Informed consent?
When the patient is informed of:
How a procedure will help the doctor and themselves
Techniques used for procedure
Possible risks/benefits
Any alternative procedures that can be performed
When is informed consent required?
Invasive procedures
What is the most common type of consent?
Implied
Clauses within consent form:
Authorization
Disclosure
Anesthesia
No Guarentee
Tissue Disposal
Patient Understanding
Signature
