MC Ch. 7 Flashcards

1
Q

Professional sonographers must be

A

Aware of the legal and ethical issues associated with patient care.
Patient rights
Professional Accountability- resposibility for events for which one may have to give a judicial explanation
Laws- rules of conduct enforces be a controlling authority

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2
Q

Goal of medical law

A

Is to protect people, correct injustice and compensate for injury

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3
Q

The underpinnings (strengthening’s) of the law are:

A

Concern for justice and fairness
Need for laws to be pliable (flexible)
Similar standards of performance
Individual rights and responsibilities

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4
Q

Inherent human desire to do good and to avoid evil

A

Natural law

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5
Q

Effect the individual rather than society as a whole

A

Civil law

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6
Q

Enforced by the fed/state legislatures to uphold social order and to protect the rights of individuals
Freedom of choice
Legal rights
Moral rights

A

Statuatory law

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7
Q

Enacted by agencies under government auspices (protection) such as OSHA

A

Administrative law

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8
Q

Court-made law based on custom and usage

*Malpractice law suits

A

Common law

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9
Q

Intentional or unintentional wrongful acts resulting in injury to person or property

A

Torts

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10
Q
  • Assault
  • Battery
  • Confidentiality
A

Intentional Tort

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11
Q

Inflicting/ threatening physical injury through force or violence

A

Assault

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12
Q

Unlawful touching of another with or without injury

A

Battery

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13
Q

HIPAA

A

Confidentiality

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14
Q
  • Negligence
  • Duty
  • Breach
  • Harm
  • Causation
A

Unintentional Torts

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15
Q

Most common, failure to use reasonable care (medical malpractice)

A

Negligence

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16
Q

Standard of care

A

Duty

17
Q

Failure to meet standard of care

A

Breach

18
Q

Injury suffered by patient

A

Harm

19
Q

Failure of patients care was actual cause of injury

A

Causation

20
Q

Expert witness is required to

A

Establish standard of care

21
Q

Right to prevent unauthorized contact with his or her person

  • written
  • verbal
  • implied
  • Exception is in emergency situations
A

Informed consent

22
Q

Legal responsibility for the consequences of one’s actions-negligence of based on 5 doctrines of liability

A

Liability

23
Q

Let the master answer - sonographers employer can be held liable as long as the sonographer is acting within scope of practice (doctrine of liability)

A

Master-servant (respondeat superior)

24
Q

Atternding physicians held liable; no longer used (doctrine of liability)

A

Borrowed servant (captain of the ship)

25
Q

Hospital held reponsible if sonographer is a contractor or independent agent

A

Ostensible agency

26
Q

(the thing that speaks for itself) a rule of evidence

A

Res ipsa loquitur

27
Q

The illegal detention of a person without consent

  • use of restraints
  • use of verbal threats
A

False imprisonment

28
Q
  • Chaperones
  • Policy and procedure manuals
  • Scope of practice
  • Malpractice insurance-occurrence vs. claims-made policies
  • Guidelines-performance, assistance, record keeping, knowledge of state laws
  • Alternatives to malpractice litigation-risk management programs and QA progams
A

Protection against lawsuits

29
Q

Sonographers best friend

A

Documentation

30
Q

Used in event that a patient suffers injuries while in your care

A

Incident report

31
Q
  • Supoenas- requires witness to appear and testify
  • Depositions
  • Testifying
  • Expert witnesses
A

Being called as a witness

32
Q
  • Abortion
  • Recording OB exams
  • Non diagnostic use of ultrasound
  • Confidentiality
  • Competency
  • Professional Disclosure
A

Ethical dilemmas

33
Q

Practice in a safe, ethical and competent manner

  • Explain procedure and what you expect of patient
  • Work with care to avoid causing injury
  • Question any abnormal instructions
  • Maintain accurate records/ documents
  • Do not perform procedures you were not taught
  • Do not fail to meet the standard of care
  • Do not contribute to injury
A

Safe and sound sonography goals

34
Q
  • Deontology
  • Teleology
  • Beneficence
  • Nonmaleficence
A

Basic concepts of ethics

35
Q

Study of duty, moral obligation, and taking the right action

A

Deontology

36
Q

Study of evidence of design and purpose of nature

A

Teleology

37
Q

Duty to promote good

A

Beneficence

38
Q

Above all do no harm

A

Nonmaleficence

39
Q
  • Identify the problem
  • Gather pertinent information
  • Identify solutions
  • Evaluate consequences
  • Make decision
  • Act on decision
  • Evaluate results
A

Ethical decision making