Chapter 26

Question 1

What is significant about Schloendorf v. Society of NY Hosptial?

Answer 1

Case law that lays the foundation for the relationship between patients and health care providers - protects patient rights

Question 2

What is the AHA and what do they do?

Answer 2

American Hopsital Administration

Protect values and dignity of patients
Medicine and law often in conflict

Question 3

What are the different types of laws?

Answer 3

Constitutional
Laws enacted by legislative
Case law

Question 4

Standard of Care definition:

Answer 4

Skill, knowledge and care ordinarily possessed and employed by members in good standing within the profession

Question 5

What do the Standards of Care outline?

Answer 5

Minimum expectations of performance as determined by the profession

Question 6

What are things the court might look at when determining Standard of Care?

Answer 6

Federal and state regulations
Job descriptions
Cirriculum guides
Course goals/objectives
Professional customs and Standards of Practice

Question 7

What is the ASRT? What do they do?

Answer 7

American Society of Radiologic Technologists

Developed and holds “Practice Standards for Radiography”

Question 8

What are Practice Standards used for?

Answer 8

Used by the courts to help determine if an individual is compliant with the generally accepted national standard for the profession

Question 9

Who continually updates and reviews Practice Standards?

Answer 9

Practice Standards Council

Question 10

What percentage of medical negligence claims relate to diagnostic imaging?

Answer 10

10%

Question 11

What is a Tort?

Answer 11

A civil wrong committed by one person against another person or property; does not include a breach of contract

Question 12

What must exist for a patient to file a tort?

Answer 12

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

Question 13

What is Assault?

Answer 13

Threatened to the point of fear or bodily harm

Question 14

What is Battery?

Answer 14

Touching patient without their permission

Question 15

What is False Imprisonment?

Answer 15

A person is restrained against their will.

Question 16

How to restrain inebriated patient?

Answer 16

Talk to physician to delay exam. If the exam must be completed immediately, then use restraints

Question 17

How to restrain senile/pediatric patient?

Answer 17

Obtain consent from guardian

Question 18

What should you do if exam can’t be postponed and restraints must be used?

Answer 18

Document the use and rationale for use

Question 19

What is Defamation?

Answer 19

Breach of patient confidentiality. Keep all information regarding patient, diagnosis, and prognosis in confidence

Question 20

What are the two types of defamation?

Answer 20

Slander - spoken word
Libel - written word or published comments/pictures

Question 21

What is Fraud?

Answer 21

Willful and intentional misrepresentation of facts.

Question 22

What is Negligence

Answer 22

Failure to use such care as a reasonably prudent person would under like and similar circumstances

Question 23

What elements must be present to claim negligence?

Answer 23

1. Duty to patient by health care worker
2. Breach of this duty
3. Compensable injury
4. Relationship between injury and breach

Question 24

What is Res Ispa Loquitur

Answer 24

The thing speaks for itself - burden of proof shifts from patient to worker; healthcare worker must prove they were not negligent

Question 25

3 elements required to claim Res Ispa Loquitur

Answer 25

1. Injury caused by negligence
2. Activity was under complete control of the defendant
3. Plaintiff did not contribute to injury in any way

Question 26

What is Respondant Superior?

Answer 26

Master speaks for the servant - physicians or healthcare facility is responsible for negligent acts of their employees

Question 27

What is Corporate Liability?

Answer 27

Standard the institution has set for themselves.

Maintenence of equipment
Selection or retention of employees

Question 28

What is Implied Consent?

Answer 28

Patient arrives to department and allows radiographer to perform a single procedure - does not require a signed signature

Question 29

What is Informed consent?

Answer 29

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

Question 30

When is informed consent required?

Answer 30

Invasive procedures

Question 31

What is the most common type of consent?

Answer 31

Implied

Question 32

Clauses within consent form:

Answer 32

Authorization
Disclosure
Anesthesia
No Guarentee
Tissue Disposal
Patient Understanding
Signature