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SRJC RADTECH > Intro to RadTech: Medicollegal Considerations > Flashcards

Intro to RadTech: Medicollegal Considerations Flashcards

1
Q

What is criminal law?

A
  • litigation filed by government
  • offense against state (or society at large)
  • punishment: incarceration, fine, or execution
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2
Q

What is civil law?

A
  • A private party lawsuit
  • defendant: Never incarcerated, nor executed
  • consequences: “damages” (monetary)
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3
Q

What is a tort?

A

“A wrongful act for which a civil action will lie…”

  • personal injury law
  • governs rights between two individuals in non-criminal (civil) actions
  • allows for monetary compensation
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4
Q

What are the two types of torts?

A
  • intentional Misconduct

* unintentional misconduct (negligence)

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5
Q

What is the difference between a medical malpractice lawsuit vs. other civil lawsuit?

A

Lack of an “equal footing”

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6
Q

What are the five types of intentional misconduct?

A
  • assault
  • battery
  • invasion of privacy
  • defamation of character
  • false imprisonment
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7
Q

What is civil assault?

A

The threat of injury

Causing apprehension is considered assault

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8
Q

What is civil battery?

A

Where actual bodily harm has been inflicted

Examples:
• touching a patient without consent
• exposing the wrong patient
• causing mental or emotional anguish

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9
Q

Examples of invasion of privacy

A
  • unnecessarily touching or exposing a patient

* sharing confidential information about patients

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10
Q

What does HIPAA stand for?

A

Health insurance portability and accountability act

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11
Q

defamation of character?

A

• three conditions are necessary to constitute defamation

  • Damaged reputation resulted
  • statement is untrue
  • person defaming another knew that the information was untrue

Slander: spoken defamation

Libel: written defamation

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12
Q

What is false imprisonment?

A

Unnecessarily confining or restraining a patient without the patient’s permission

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13
Q

What is unintentional misconduct?

A

A breach or failure to fulfill the expected standards of care

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14
Q

Proving negligence requires what four elements?

A
  • standard of care must be established
  • prove breach of duty was by the technologist
  • injury to the patient actually occurred
  • cause of injury from the worker’s negligence
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15
Q

What are the types of negligence?

A

Gross negligence: involves “reckless disregard for life and limb”

Contributory negligence: behavior of the injured person contributed to the injury

Corporate negligence: where the organization as an entity is negligent

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16
Q

Patient consent is…?

A

Written
Oral
Implied

Consent can be removed at any time

17
Q

What are the three conditions for consent to be legal?

A
  • legal age and mentally competent
  • consent must be given voluntarily
  • the patient must be adequately informed
18
Q

Informed consent?

A
  • reasons for exam
  • procedure
  • potential risk
  • who will perform procedure
  • written consent for some exams
  • need patient signature to prove permission
19
Q

What is Respondeat Superior

A

This doctrine finds the employer of the negligent employee jointly liable for negligence

Latin meaning: let the master answer

20
Q

What is Res Ipsa Loquitur

A

Latin meaning: the thing speaks for itself

21
Q

What are the seven C’s of malpractice prevention?

A
  1. Competence
  2. Compliance
  3. Charting
  4. Communication(w/ patient and health care workers)
  5. Confidentiality
  6. Courtesy
  7. Caution
22
Q

What is borrowed servant?

A
  • a principle under which the party usually liable for a persons actions (such as a hospital) is absolved of responsibility when that “ borrowed servant” is asked to do something(e.g. By a surgeon), which is outside of the bounds of hospital policy
  • the surgeon may be liable for wrongful acts by the employee in this example
23
Q

What are the categories for reporting?

A

• domestic violence

  • Child abuse
  • spousal abuse
  • elder abuse

• injuries
- personal or patient

  • equipment malfunction
  • excessive radiation exposure
  • communicable diseases
24
Q

Who is a mandated reporter?

A 
• all medical personnel
• school and child care personnel
• law enforcement
• others
   - I.e. Social workers, foster parents
• all citizens have responsibility to protect those who cannot protect themselves
25
Q

What is failure to report?

A

• a misdemeanor

  • Maximum penalty in county jail not to exceed 6 months and/or
  • A fine not to exceed $1000

• false reporting is also a misdemeanor

  • liable for damages caused
  • recent case resulted in RT incarceration(from reading radiographs- with no radiologist)

• revocation of professional license or certificate

26
Q

ways to Recognize abuse

A

• Physical Abuse

  • Agitation
  • Bruises- especially in clusters or patterns
  • Fractures
  • Lacerations, puncture wounds
  • Rashes
  • Malnourishment, dehydration

• Emotional Abuse

  • Agitation
  • Fearful Behavior
  • Withdrawal and apathy
  • Unusual behavior, i.e. biting, sucking or rocking
27
Q

Some abuse statistics

A

2-4 million women are battered each year
- death: 2000 (80-90 percent of domestic violence cases are female)

• approx 900,000 parents are beaten or abused by their children each year
• approx 6 million children are seriously abused each year(3 million reports per year)
- death: over 1000

• sexual abuse of children: 20 percent of children

  • usually by someone they know
  • starts are different for males and females
28
Q

What does MDR stand for?

A

Medical Device Reporting

Is a federal program (FDA)
Requires reporting by “mandatory reporters”

For medical devices that contribute to serious illness, serious injury, or death

Includes occurrences that may be attributed to user error

29
Q

What is charting?

A

• refers to any records to which you are expected to add to a document

Example: a requisition in the M.I. Department is electronic
- RIS

Accuracy is a must
“If it is not written, then it didn’t happen”

30
Q

What is California code of regulations CCR 2500(b) and 2500(c) in regards to communicable diseases?

A

“Duty of every health care provider, knowing of or in attendance on a case or suspected case of any of reportable diseases, to report to the local health officer for the jurisdiction where the patient resides.”

31
Q

What are the reporting agencies?

A 
FDA- food and drug administration
Medwatch
OSHA
Workers compensation
Law enforcement
State of California
   -radiologic health branch
   -department of social services
32
Q

Charting

A

Refers to any records to which you are expected to add to a document.

Example: a “requisition” in the M.I. Department is electronic
-RIS(textbook refers to RIMS: radiologic information management system)

Accuracy is a must

“If it is not written, then it didn’t happen

33
Q

RIS (or RIMS)

A 
Can contain: 
• limited info about patient
• allergies
• pertinent lab values
• patients location
• imaging procedures performed
• radiologist reports
• can order and bill through this system also
34
Q

Annotations

A

The RT is responsible to enter(chart) pertinent data about the exam and/or patient

Example: change in patient status; treatments; medications given

Include
• date
• time( in 24 hour clock system)
• use your full signature, if required, not initials)

35
Q

According to California law how long must images be kept?

A

7 years

SRJC RADTECH (15 decks)

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