chapter 9 legal ethical aspects of sonography Flashcards
Professional accountability:
is the responsibility for events for which you may have to give a judicial explanation
Statutory laws:
are enforced by federal or state legislators to help maintain the governmental right to uphold social order and to protect the rights of individuals.
Administrative law:
is a form of law made by administrative agencies appointed by the president or governor.
Common law:
is court-made law based on custom and usage
Tort:
is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Torts can be divided into two categories:
intentional and unintentional
Assault:
Is an intentional attempt or threat to inflict injury on a person
Battery
Is the harmful, intentional touching of another person with his or hers consent.
In hospital settings, applying restraints requires that a
physician’s order be documented in the patient’s medical record.
All patients have the right to
autonomy(making decisions for themselves)
Negligence:
Is the most common type of unintentional tort
Medical malpractice
occurs when a negligent act or omission by a medical professional results in harm to the patient.
Breach:
refers to the defendant’s failure to meet that standard of care.
Causation:
requires that the defendant’s failure to meet the standard of care was the actual cause of the plaintiff’s injury
note to remember
Before assisting with a procedure that involves a written consent form, the sonographer should check that the consent form is signed by the person performing the procedure, the patient or her or his representative, and a witness and that it is properly dated.
Liability:
is the legal responsibility for the consequences of one’s actions.
master–servant:
A masterwill be liablefor acts of an employee committed while within the scope of employment.
ostensible agency:
used to hold hospitals liablefor the acts of independent contractor physicians who work in emergency and operating rooms
res ipsaloquitur:
is to establish a rebuttable presumption of negligence on the part of the defendant through the use of circumstantial evidence. (hard to prove)
QA requires testing to ensure the
ultrasound equipment functions correctly and safely and does not become a factor in any litigation.
QI can look at
workflow to determine potential areas of concern to the organization.