Ethics And Legal Aspects Flashcards
1
Q
What is a tort?
A
A private (civil) injustice, injury, or misconduct.
2
Q
What can the injured party seek in a tort?
A
Reparation for damage incurred.
3
Q
What are the two main types of torts?
A
Intentional and negligent/unintentional.
4
Q
What are examples of intentional torts?
A
- False imprisonment
- Assault and battery
- Defamation
- Invasion of privacy
5
Q
Define false imprisonment.
A
The illegal restriction of an individual’s freedom.
6
Q
What constitutes false imprisonment?
A
- Holding an individual against his or her will
- Using unauthorized restraint
7
Q
What is the purpose of immobilization devices in medical settings?
A
To effectively reduce motion from involuntary muscular tremors with consent.
8
Q
Define assault in the context of torts.
A
To threaten harm.
9
Q
Give an example of assault.
A
A patient feels intimidated by a radiographer who threatens to repeat a difficult examination.
10
Q
What is battery in tort law?
A
The carrying out of the threat to harm.
11
Q
Provide an example of battery.
A
A radiographer performs an examination on a patient without his or her consent.
12
Q
What does invasion of privacy entail?
A
Disclosing confidential information to unauthorized individuals.
13
Q
Define defamation.
A
Disclosing confidential information that is detrimental to the patient.
14
Q
What is slander?
A
Spoken defamation.
15
Q
What is libel?
A
Written defamation.
16
Q
A
17
Q
A
18
Q
A
19
Q
What is the right of all patients regarding informed consent?
A
All patients have the right to be informed, to make informed consent, and to refuse treatment.
This emphasizes the autonomy of patients in healthcare decisions.
20
Q
What are the types of patient consent?
A
The types of patient consent include:
* Verbal
* Written
* Implied
Each type of consent may vary depending on the situation and nature of treatment.
21
Q
When is written patient consent required?
A
Written patient consent is required before any examination that involves greater than the usual risk, such as invasive vascular examinations requiring the use of injected iodinated contrast agents.
This is to ensure that patients are fully aware of the risks involved.
22
Q
What does implied consent mean?
A
Implied consent is assumed when a patient arrives for emergency treatment alone and is unconscious.
This allows for necessary medical interventions when the patient cannot provide explicit consent.
23
Q
Is the consent given on admission to the hospital sufficient for lower risk procedures?
A
Yes, for lower risk procedures, the consent given on admission to the hospital is generally sufficient.
This streamlines the process for common, low-risk treatments.
24
Q
Can a patient withdraw consent once it has been granted?
A
Yes, a patient’s previously granted or implied consent can be withdrawn at any time.
This reinforces the principle of patient autonomy in treatment decisions.
25
26
What is the first condition required for valid patient consent?
The patient must be of legal age.
## Footnote
This ensures that the patient has the legal capacity to make decisions regarding their health care.
27
What is the second condition required for valid patient consent?
The patient must be of sound mind.
## Footnote
This means the patient should have the mental capacity to understand the information provided.
28
What does it mean for a patient to give consent freely?
The patient must give consent without coercion or undue pressure.
## Footnote
This emphasizes the importance of voluntary decision-making in the consent process.
29
What is necessary for a patient to be adequately informed about?
The procedure or examination.
## Footnote
This involves providing clear and comprehensive information to the patient about what will happen.
30
What should radiographers do to ensure patients are adequately informed?
Radiographers must take adequate time to thoroughly explain the procedure or examination to the patient.
## Footnote
This promotes understanding and helps build trust between the patient and the radiographer.
31
Why is an informed patient considered a more cooperative patient?
Because they are clear about what is expected of them and what to expect from the radiographer.
## Footnote
Understanding the process can lead to increased patient compliance and satisfaction.
32
What is the relationship between patient cooperation and examination quality?
Cooperation likely leads to a better examination.
## Footnote
A cooperative patient can facilitate smoother procedures, resulting in more accurate outcomes.
33
What does valid consent fulfill in terms of obligations?
Valid consent fulfills legal mandates and also professional and humanistic obligations.
## Footnote
This highlights the ethical and legal responsibilities of healthcare providers in obtaining consent.
34
35
What are the 3 conditions required for valid patient consent
Be of legal age, sound mind, give consent freely
36
37
38
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
39
What year was HIPAA enacted?
1996
40
What type of information is covered by HIPAA?
All medical records and individually identifiable health information
41
When did the subsequent rules by HHS take effect?
April 2001
42
What are hospital information systems (HIS)?
Computerized, paperless systems used to transfer information
43
How do HIS systems help institutions?
By ensuring confidentiality and compliance with HIPAA
44
How is confidentiality generally achieved in HIS?
By allowing access to health care professionals through personal passwords
45
True or False: Only electronic medical records are covered by HIPAA.
False
46
Fill in the blank: The rules that took effect in April 2001 were issued by _______.
Department of Health and Human Services (HHS)
47
What types of records does HIPAA cover?
* Electronic records
* Paper records
* Oral records
48
49
What is the Patient's Bill of Rights?
A document detailing patients' rights in healthcare settings, first adopted by the AHA in 1973.
50
When was the Patient's Bill of Rights revised and approved by the AHA Board of Trustees?
October of 1992.
51
List three specific areas of a patient's right according to the 1992 Patient's Bill of Rights.
* Considerate and respectful care
* Be informed completely and understandably
* Make decisions about plan of care/refuse treatment
52
Fill in the blank: Patients have the right to have an _______ describing the extent of care desired.
advance directive
53
True or False: Patients have the right to privacy according to the Patient's Bill of Rights.
True
54
What right allows patients to review their health care information?
Access to records
55
What is the significance of knowing about institutional business relationships?
It could influence treatment and care.
56
What right pertains to participation in proposed research studies?
Be informed about, consent to, or decline participation.
57
What does continuity of care refer to?
The right to ongoing care and treatment.
58
Fill in the blank: Patients should be informed about hospital _______ and procedures relating to patient care.
policies
59
What replaced the Patient's Bill of Rights?
The Patient Care Partnership-Understanding Expectations, Rights, and Responsibilities.
60
What type of document does the Patient Care Partnership include?
A plain-language brochure.
61
What does the Patient Care Partnership review?
What patients can/should expect during a hospital stay.
62
63
What are the 6 key areas addressed by The Patient Care Partnership?
1. High-quality hospital care
2. A clean and safe environment
3. Involvement in your care
4. Protection of your privacy
5. Help when leaving the hospital
6. Help with your billing claims
64
What does high-quality hospital care include according to The Patient Care Partnership?
Skill, compassion, respect, and the patient's right to know the identity of caregivers
65
What is meant by a clean and safe environment in The Patient Care Partnership?
An environment free from neglect and abuse, including information about unexpected occurrences
66
What are the patient's rights regarding involvement in their care?
1. Right to discuss and understand their condition and treatment choices
2. Responsibility to provide complete and correct information
3. Preference for decision-makers if they cannot decide
67
What does the protection of privacy entail in The Patient Care Partnership?
Describes the ways patient information is safeguarded
68
What assistance is provided when leaving the hospital?
Availability of and/or instruction regarding follow-up care
69
What does help with billing claims include?
1. Filing claims with insurance companies
2. Providing physicians with required documentation
3. Answering patient questions
4. Assisting those without health coverage
70
Fill in the blank: The Patient Care Partnership includes the patient's right to know the identity of _______.
[caregivers]
71
True or False: The Patient Care Partnership emphasizes the importance of patient involvement in their own care.
True
72
What is a 'living will' or 'advance directive' in the context of The Patient Care Partnership?
A document stating the patient's preferences for decision-makers if they cannot make those decisions
73
Fill in the blank: Protection of your privacy involves safeguarding _______.
[patient information]
74
75
What can be exercised on the patient's behalf by a designated surrogate or proxy decision maker?
Patient rights
## Footnote
This applies when the patient lacks decision-making capacity, is legally incompetent, or is a minor.
76
What document can help avoid legal and ethical issues regarding patient rights?
Advance Health Care Directive or Living Will
## Footnote
This document helps ensure that a person's healthcare decisions are respected.
77
What rights does an Advance Health Care Directive preserve?
A person's right to make decisions regarding his or her own health care
## Footnote
This is crucial when individuals cannot make those decisions themselves.
78
What does an Advance Health Care Directive name?
The individual authorized to make all health care decisions for them
## Footnote
This person is often referred to as a healthcare proxy.
79
What specific decisions can be included in an Advance Health Care Directive?
DNR (do not resuscitate), DNI (do not intubate), and other end-of-life decisions
## Footnote
These decisions guide medical personnel in critical situations.
80
Fill in the blank: An Advance Health Care Directive is important because it preserves a person's right to make decisions regarding their own _______.
health care
81
A __________ or proxy can make decisions if the patient is a minor, legally incompetent, or lacks decision-making capacity
designated surrogate
82
An Advance Health Care Directive or __________ can outline end-of-life decisions
Living Will
83
HIPAA stands for the Health Insurance __________ and __________ Act.
Portability and Accountability
84
T or F: Only paper medical records are protected by HIPAA.
→ False (HIPAA covers electronic, paper, and oral records)
85
86
t or f : A minor can have a proxy make healthcare decisions for them.
true
87
An Advance Directive allows someone else to make legal decisions about your housing.
False (It’s about health care decisions)
88
Which of the following is not a reason a patient may need a medical proxy?
A) They’re underage
B) They are legally incompetent
C) They are asleep
D) They lack decision-making capacity
C) they are asleep
89
What is typically included in a Living Will?
A) List of preferred hospitals
B) End-of-life care preferences such as DNR and DNI
C) Power of attorney for finances
D) Preferred diet and meal plan
B) End-of-life care preferences such as DNR and DNI
90
HIPAA was enacted in which year?
A) 1990
B) 1996
C) 2001
D) 2005
B) 1996
91
What are three conditions under which a patient may need a designated surrogate or proxy decision maker?
Lacks decision-making capacity, is legally incompetent, or is a minor
92
What does an Advance Health Care Directive do?
Preserves the patient’s right to health care decisions, assigns a decision-maker, and outlines end-of-life care (DNR/DNI)
93
How do hospitals typically maintain patient confidentiality with digital records?
Using Hospital Information Systems (HIS) with secure access controlled by personal passwords for healthcare professionals.
94
Patient identity must be confirmed using at least __________ patient identifiers.
two
95
The requisition includes patient information such as name, address, age, admitting physician, and __________
hospital ID number
96
t or f: Radiographers may perform x-rays without reviewing the requisition.
false
97
t or F: Nurse practitioners are authorized to request x-ray examinations.
true
98
t or false : PA's are authorized to request x-ray examinations.
true
99
Clarifying conflicting info in the request is part of the radiographer’s responsibilities.
true
100
Which of the following can legally request an x-ray exam?
A) Radiologic technologist
B) Nurse assistant
C) Physician assistant
D) Lab technician
C) Physician assistant
101
When the patient says their right ankle hurts but the request says left ankle, the radiographer should:
A) Proceed anyway
B) Take x-rays of both
C) Clarify the request before proceeding
D) Cancel the exam
C) Clarify the request before proceeding
102
What additional information must be included for inpatients on the requisition?
Mode of travel, exam type, diagnostic info, infection control or isolation info.
103
104
The four primary sources of law include the Constitution, __________ law, administrative regulations, and court decisions.
statutory
105
The __________ ensures a patient's right to privacy and protects dignity and modesty.
Constitution
106
__________ law regulates the relationship between people and the government.
Public
107
__________ law (civil law) covers relationships among people and often applies to lawsuits involving radiographers.
private
108
Court decisions are also known as common law.
true
109
Statutory laws are created by judges during trials.
False (They are created by legislative bodies)
110
Communication of privileged information to unauthorized people is a violation of a patient’s rights.
true
111
Which is not one of the four main sources of law?
A) Constitution
B) Hospital policies
C) Statutory law
D) Court decisions
B) Hospital policies
112
What kind of law is most likely involved when a radiographer is sued for negligence?
A) Public law
B) Criminal law
C) Private (civil) law
D) Federal law
C) Private (civil) law
113
A tort is a __________ (civil) injustice, injury, or misconduct.
private
114
False imprisonment includes unauthorized __________ or holding someone against their will
restraint
115
Written defamation is known as __________, while spoken is __________.
libel, slander
116
t or f:Performing an exam without patient consent could be considered battery.
true
117
t or f:Assault must include physical contact.
False (Just a threat is enough)
118
Sharing patient info with unauthorized people is a form of invasion of privacy.
true
119
What are some examples of intentional torts in radiology?
Assault, battery, false imprisonment, defamation, invasion of privacy.
120
Q: Give an example of assault by a radiographer.
Threatening to repeat a painful exam if the patient doesn’t cooperate.
121
Q: What’s the difference between battery and assault in healthcare?
Assault is the threat of harm; battery is the actual physical act of harm without consent.
122
To prove negligence, four elements must be present: duty, breach, __________, and cause.
injury
123
Duty is assessed by determining what a __________ practitioner would have done.
reputable
124
Imaging the wrong patient is an example of a __________/unintentional tort.
negligent
125
t or F: All patient injuries in radiology are the result of intentional torts.
False (Many are unintentional/negligent)
126
T or F :A radiographer’s duty is based on the professional standard of care.
true
127
Which of the following is not one of the four elements required to prove negligence?
A) Breach
B) Criminal intent
C) Injury
D) Duty
B) criminal intent
128
What is an example of a frequent litigation area in radiology?
A) Using outdated machines
B) Forgetting to document contrast used
C) Patient falls or positioning injuries
D) Scheduling errors
C) Patient falls or positioning injuries
129
If a sedated patient falls from the x-ray table due to being left unattended, this is an example of:
A) Intentional tort
B) Criminal negligence
C) Negligent/unintentional tort
D) Defamation
C) Negligent/unintentional tort
130
Q: What are the four elements required to prove negligent tort liability?
Duty, Breach, Injury, Cause.
131
Give an example of a breach of duty in radiology that could result in litigation.
Not confirming pregnancy status before imaging a female patient of childbearing age
132
Q: Why is “standard of care” so important in determining negligence?
It establishes what a competent professional would have done under the same circumstances, forming the basis for whether duty was breached.
133
Res ipsa loquitur means
the thing speaks for itself
134
Under res ipsa loquitur, the __________ must disprove negligence
radiographer/caregiver
135
Respondent superior translates to
let the master answer
136
t or f: Res ipsa loquitur applies when the injury is obviously due to the radiographer’s actions.
true
137
t or f: Respondent superior means the patient is always at fault.
false
138
t or f: Cropping or masking an x-ray to misrepresent image size can fall under res ipsa loquitur.
true
139
Which of the following is an example where res ipsa loquitur may apply?
A) Patient requests no imaging
B) Correct exam performed on correct patient
C) Imaging the wrong patient or body part
D) Delay in billing the patient
C) Imaging the wrong patient or body part
140
What legal doctrine holds the employer responsible for employee negligence during work?
A) Res ipsa loquitur
B) Stare decisis
C) Respondent superior
D) Habeas corpus
C) Respondent superior
141
Radiographers must follow the practice Standards set by the blank
ASRT
142
The ASRT standards provide a legal role definition and identify __________, quality, and professional standards of practice.
clinical
143
144
The ARRT Standards of Ethics includes a Preamble, Statement of Purpose, and __________ administrative procedures.
enforceable
145
Part A (Code of Ethics) is __________, while Part B (Rules of Ethics) is __________.
aspirational, enforceable
146
Part B includes __________ rules that, if violated, may result in sanctions.
22
147
T or F: The ARRT Code of Ethics is legally binding.
False (It’s aspirational)
148
t or F:Violating a Rule of Ethics can result in suspension or revocation of certification
True
149
t or f: Failing to report a known violation of Rule #21 is itself a violation.
true
150
Which of the following is not one of the five components of the ARRT Standards of Ethics?
A) Preamble
B) Rules of Ethics
C) Ethical Quiz
D) Statement of Purpose
C
151
Which rule involves the falsification of ARRT information, including hiding a conviction?
A) Rule #10
B) Rule #1
C) Rule #19
D) Rule #21
C) rule 19
152
t or f:If your coworker violates an ethical rule, you're not responsible unless you’re a supervisor.
False (Rule #21 makes you responsible)
