Module 1 Flashcards
Felonies are uncommon in healthcare (true/false)
True
Punishment for a felony may include confinement of up to one year in length (true/false)
False punishment for a felony requires more than 1 year
You may lose your certification if you are convicted of a felony while on the job (true/false)
True
You may lose your certification if you are convicted of a felony that took place away from your site of employment (true/false)
True
Generally speaking, which of the following is not an example of a misdemeanor?
Kidnapping. Misdemeanors are anything other than Felonies. Kidnapping is a felony.
If you are convicted of a misdemeanor, you may be away from home (in jail) for more than 12 months (true/false)
False They cannot keep you for more than 12 months for a misdemeanor
A fine may be punishment for both felony and misdemeanor convictions (true/false)
True
Tort Law addresses issues of ____ law
civil
Civil law deals with only the unintentional actions of individuals, Intentional acts are covered by criminal law (true/false)
False. Civil law deals with both
Those found guilty of a tort are usually punished by a. jail time b. monetary compensation c. repair of damage d. all. e. either b or c
e either monetary compensation or repair of damage
Personal injury law is another name for tort law (true/false)
True
Tort law is used as a substitute for revenge (true/false)
True
The words “liability” and “wrong” can be interchanged in civil lawsuits (true/false)
True
In civil lawsuits, the person who has been injured is the ____
plaintiff
It is never appropriate for a nurse to order radiographs — that’s part of the physician’s responsibility. (true/false)
False The nurse can order them if the doctor is busy
The radiographer may remove the immobilization device of any patient who says they have no neck pain, whether or not his radiographs have been made (true/false)
False You cannot remove the device until after radiographic examination, with physician’s orders.
When is it appropriate to remove any cervical immobilization device? a. after radiographic examination b. on nurse’s orders c. on physician’s orders d. at patient’s request e. only a and b f. only a and c
e. only a and c a. after radiographic examination c. on physician’s orders
When radiographically evaluating the cervical spine, ____ vertebrae must be visible
7
A tort is viewed as a crime in a court of law (true/false)
false
By law, every person has a duty not to harm others or their property (true/false)
true
A person who has been injured accidentally may seek to recover damages that may include such things as: a. lost wages b. repair of damaged items c. pain and suffering d. medical bills e. all f. only c and d
e. all
Invasion of privacy is seen as an _____ tort
intentional
A patient _____ have to be touched for a civil assault to occur. a. does b. does not
b. does not
The essential component of a civil assault case is that of a patient’s _____ of unwanted physical contact
fear
Verbal threats used to gain the cooperation of a difficult patient may be considered as civil assault (true/false)
true
You may be liable for the tort of battery if you continue an examination against a patient’s wishes (true/false)
true
Implied consent and informed consent are one and the same (true/false)
false
Informed consent is the simplest and most common form of consent given by a patient (true/false)
false implied consent
An examination performed on the wrong patient may be construed as battery (true/false)
true
In certain instances, the health care provider (HCP) may not be liable for battery even though battery has technically been committed (true/false)
true if the patient is a danger to themselves or others around them, you don’t need permission to restrain them
In emergent situations, when the patient is considered a danger to self or others, restraints may be applied without a physicians orders (true/false)
true
The use of unauthorized force or stricturing devices to confine a patient against his will is defined as the tort of _____ _____
false imprisonment
A false statement, either written or oral, that injures someone’s reputation is termed: _____
defamation
A spoken falsehood about a person is _____
slander
All cases of defamation require that the plaintiff show proof of damage to reputation (true/false)
false some defamation is obviously more hurtful than others and doesn’t require proof
Unnecessary exposure of the patient’s body during the course of an examination can be seen as a. battery b. invasion of privacy c. defamation of character d. all
b. invasion of privacy
Breach of confidentiality is part of the tort invasion of privacy (true/false)
true
Patient information is discussed with others on a need-to-know basis only (true/false)
true
The patient has the right to expect “reasonable” care from any health care professional (true/false)
true
A HCP (health care professional) may be found negligent, even when performing an examination carefully, if the exam is done without prior and proper training. (true/false)
true
Negligent acts, as described in the courts, are based upon?
the finding of fault
In order to prove negligence, a plaintiff must show ____ elements. (how many?)
4
In a civil case, the side that produces the preponderance of evidence wins (true/false)
true
When a HCP introduces himself to the patient as the person responsible for the examination, he has by law, established a relationship (true/false)
true
You as a HCP will be held to a higher standard of care than will any ordinary person without your specialized training (true/false)
true
In deciding your obligation (duty) to a patient, a court of law will compare you to others with similar experience and training (true/false)
true
You may breach your duty to a patient through either an act or omission or an act of comission (true/false)
true
The “but-for” test in the plaintiff’s case is applied to prove the _____ element. (which of 4 elements?)
cause of injury
A plaintiff must prove injury to receive compensation in a negligence case (true/false)
true
Which of the following may be utilized to determine appropriate standard of care? a. expert witness b. professional text books and journals c. policy and procedure manuals d. all my be used
d. all may be used
Which of the following “failures” in patient care might be classified as an untintentional tort?
a. failure to provide for patient safety
b. failure to follow physician’s orders
c. failure to provide proper patient education
d. all
e. only a and b
d. all
The term “_____” is actually the parent of malpractice.
negligence
(1)_____ is a term used to describe the unskillful acts of those traditionally known as “professionals”
Malpractice
Malpractice requires (1)_____ elements of proof
3 elements
(negligence requires 4)
According to the American College of Radiology (ACR), most malpractice lawsuits concerning radiologists are attributed to (1)_____ _____
improper communication
(1)_____ is the most common malpractice issue in the “failure to diagnose” category
breast cancer
In the “improper communication” category, the most common cause for radiologist malpractice suits was
a. errors in transcription of examination reports
b. inaccurate reporting of findings
c. failure to contact referring physician in timely manner when unusual or urgent findings were indentified
c. failure to contact referring physician in timely manner when unusual or urgent findings were indentified
Which of the following will help you maintain your competence and hopefully avoid being involved in a negligence suit
a. maintain your certification
b. participate in continuing education
c. follow current literature
d. all
e. all except 3
d. all
Verbal and nonverbal skills are extremely important:
One report estimates that (1)_____ percent of lawsuits could be eliminated through proper communication
90%
How important is the confidentiality of patient information?
a. extremely important
b. very important
c. sort of important
d. not important
a. extremely important
A legal doctrine is a legal rule or answer (true/false)
true
A patient must consent to any non-emergent procedure in the medical setting (true/false)
true
Anytime there is a risk to the patient’s well-being as a result of an imaging procedure, ______ consent must be obtained
informed
Steeping forward when your name is called, and following the radiographer’s instructions for a chest x-ray are representative of simple (implied) consent
(true/false)
true
Which of the following is not a compenent of informed consent?
a. length of procedure
b. nature of procedure
c. risks and benefirts of procedure
d. alternates and associated risks/benefits of procedure
a. length of procedure
The doctrine that states that an employer will be held responsible for an employer’s negligent acts is the doctrine of _____ _____
respondeat superior
The doctrine that may hold a supervising radiologist more liable than the employer is called the doctrine of ______ ______
borrowed servant
(1)_____ is the recording of information and observations regarding patient care on the written record or e-record, that is, the patient’s chart
Charting
(1)_____ is the recording of any information affecting the care of the patient
Documenting
A (1)_____ _____ is a completion of charted information, different types of documentation, and testing reports, and as the records are legal documents, there are rules and guidelines for proper documentation
Medical Report
Where would you look to find information about the reasons the patient came into the hospital?
physical examination report
Where would you find a radiology request for a chest x-ray?
diagnostic and therapeutic orders
Where would you find out what the patient’s blood pressure was yesterday?
progress notes
Where would you find the report fromt he chest radiograph?
reports from diagnostic and therapeutic procedures
There is a variety of what is to be documented, and by what method it is documented, but regardless of the variables, refer to Standard 8 of your Practice Standards document for your duty int he matter.
What does Standard 8 say?
Keep documentation complete and keep it accurate
Why should a mistaken order still be readable after a correction has been made?
Any time a medical record is altered to the point that original parts are not readable, it will be suspected that it was purposely changed to hide damaging information should the record be reviewed in a court of law.
What are the hard copy rules for an ordering error for radiographic examination?
- 5.
- Using ink, simply draw a line through the incorrect word and insert the correct word immediately above it
- Write the word “error” by the change
- Sign your name or initials (whichever your site requires)
- Give your credentials as the author of the change
- Note the date/time of the change
What 4 things (concerning patient info) must be imprinted on x-ray images?
- Patient’s name
- Identification number
- Date
- Place
Why is it important to put the proper information on patient images?
When the identifying of radiology images is done in an incompetent manner, if/they may prove useless as evidence in a court of law, and, may indicate that inappropriate attention was given to the patient
Radiographs from private x-ray labs are frequently given to the patient who deliver the radiographs to their attending physician. The (1)_____ retains ownership
patient
Who owns the medical images taken by mobile x-ray services?
the patient
Who owns radiographs made by the dentist?
The dentist owns them. They are part of the dental record
In a private physician’s office, the radiographs are the property of the (1)_____ and part of the medical record
physician
Images taken in a hospital, clinic, or emergency center are the property of the (1)_____. The patients and their physicians are entitled to the report but not the images.
facility
The (1)_____ (radiologist), not the hospital or the imaging professional, has the duty to disclose all the information relevant to the patient’s decision and to obtain the patient’s informed consent
physician
Any charting or documentation that occurs in the radiology department is part of the patient’s medical record and is therefore considered part of a legal document
(true/false)
true
The recording of information and observations regarding patient care (i.e. bloodpressure reading) is termed _____
charting
The patient’s chart functions as a legal witness to certain events in the health care setting
(true/false)
true
Protocols on charting and documentation vary from site to site
(true/false)
true
An inaccuracy on a request for an imaging examination must be completely obliterated to avoid confusion of orders, then the correction inserted
(true/false)
false
Simply draw a line through the original. The original still needs to be readable
Which of the following are required when documentation is added onto a patient’s request for an imaging examination?
a. your name and credentials
b. time/date of any change
c. ink
d. correct spelling
e. all
f. all except 3
e. all
Incident/accidental reports help facilities improve patient care
(true/false)
true
Informed consent in the radiology department is provided by
the physician (radiologist)
Medical images are part of the legal patient record
(true/false)
true
If you are not present at the time consent issues are discussed, you can sign the consent form as witness to the fact that
a. the patient understood all the issues
b. the patient had all his questions answered about the procedure
c. the patient signed the consent form
d. all
C. the patient signed the consent form
you didnt witness anything else
If you elect to give assistance to the injured, you have established a duty (relationship) and must, therefore, meet certain standards of skill and care
(true/false)
true
You could be held personally liable if you knew or should have known that a ptient was uninformed and you did not take remedial action
(true/false)
true
(1)_____ are core beliefs or desires that guide or motivate attitudes and actions.
They also define the thigns we prize the most, and therefore, provide the basis for ranking the things that in a way elevates some values over others.
In other words, our (1)_____ determine how we will behave in certain situations
Values
(1)_____ refers to standards of conduct that indicate how one should behave when faced with the challenge of doing the right thing when there are choices to be made
Ethics
The terms “values” and “ethics” (are/are not) interchangeable?
are not
(1)_____ is concerned with how a person should behave, where as (2)_____ simply concern the various beliefs and attituds that determine how a person actually behaves.
- Ethics
- Values
It is our personal (1)_____ that tell us what is right and what is wrong, good and evil, in our profession and in our life
values
(1)_____ _____ is the basis of the development of one’s personal values and are learned from family and friends, from religious teachings, from our experiences with the law, and more and more ferquently, what we read in printed form or from electronic sources (to include movies, videos, tapes, CDs, etc)
Cultural Framework
The American Hospital Association’s, “A Patient’s Bill of Rights” guarantees the right to (1)_____ _____
informed consent
3 theoretical positions that have been developed that allow us to examine issues that offer strong ethical challenges include:
- 3.
- consequence-oriented theories
- duty-oriented theories
- virtue ethics
(1)_____ _____ is the branch of ethics that consists of the analysis of specific, controversial moral issues that have a direct and lasting impact on life.
applied ethics
(1)_____ is said to be present when an act is intentional, done with understanding, and without controlling influences.
autonomy
A person of (1)_____ _____ is in at least some respect controlled by others or incapable of deciding or acting on the basis of his/her own plans.
“prisoners and the mentally handicapped are seen to have a lack of autonomy”
diminished autonomy
(1)_____ means truthfulness
veracity
(1)_____ _____ refers to when a physician sees that it is in the patient’s best interest not to tell the truth.
In other words, he decides what the patient needs to know.
Therapeutic privelage
(1)_____ in its simplest form means to do good
beneficence
(1)_____ is the avoidance of evil
nonmaleficence
According to Gilligan’s theory on decision making, men tend to follow the (1)_____ pathway
thinking
A patient has the right to
a. know the name of the person providing care
b. have information about his condition, including prognosis
c. know risks of treatment
d. all choices are correct
d. all choices are correct
Applied ethics is used to
- analyze issues that have a direct effect on life
- help assure that groups with power over lilfe make decisions ethically
- both choices are correct
- both choices are correct
Core beliefs that guide our attitudes and decisions are termed (1)_____
values
(1)_____ _____ refers to the allocation of scarce medical resources
distributive justisce
(1)_____ is said to be present when an act is intentional, done with understanding, and without influence
autonomy
Medical ethics (distributive justice) concerns decision-making about such things as who will receive a single medical resource whn there are many who need it
(true/false)
true
Paternalism is a rule derived from (1)_____
autonomy
Patients feel that confidentiality is well observed in the health care setting
(true/false)
false, they think it should be improved
Respect for a person’s autonomy is evidenced by
- recognizing individual abilites
- recognizing an individual’s right to hold views different from yours
- recognizing an individual’s right to act in a self-determined manner
- all of the above
- all except 3
- all of the above
The avoidance of harm (evil) is known as (1)_____
nonmaleficence
The intentional limiting of a patient’s autonomy by a physician is termed (1)_____
paternalism
(1)_____ _____ is when the doctor decieds what the patient needs to know
Therapeutic privelege
Therapeutic privelage is a rule derived from the principle of (1)_____
veracity
There are two aspects of ethics, one of which is:
the ability to discern right from wrong
The (1)_____ _____ theory esatblishes a duty of equality
Social Contract
The term (1)_____ refers to moral principles or values
ethics
The terms values and ethics (are/are not) interchangeable?
are not
Virtue ethics were established by (1)_____
Aristotle
When we have a decision to make, choices may be base on:
- what our religion tells us is right or wrong
- how others will be affected by the decision
- what the outcome of the given decision will be
- experience with the situation
- all of the above choices are correct
- all of the above choices are correct
Who are examples of someone with diminished autonomy?
Prisoners and people with mental illness
What are the 4 bodies of law?
- Criminal
- Civil
- Administrative
- Consitutional
(1)_____ law deals with the rights and duties of individuals with respect to one another.
“felonies and misdemeanors”
criminal
(1)_____ law deals with the rights and duties of individuals with respect to one another
“torts”
civil
A serious crime is called a (1)_____ and may be punished by:
- Imprisonment for more than 1 year
- Fines that exceed $1,000
- Execution
“Murder, forgery, manslaughter, rape
kidnapping, assault”
Felony
A less significant crime is called a (1)_____ and is usually punished by:
- Fine of no more than $250-$2,500
- Imprisonment for no more than 1 year
“alcohol/drug abuse, speeding violations, gun laws”
Misdemeanor
A civil wrong committed by one individual against the person or property of anther is called a (1)_____. They can be intentional or unintentional
“substitute for revenge, helps determine fault, deter
wrong-doers, provides compensation “
Tort
