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JURISPRUDENCE FOR IMAGING TECHNOLOGISTS > THE LAW > Flashcards

THE LAW Flashcards

1
Q

Imaging technologists face many legal issues in addition to the ethical dilemmas they encounter.

A

Legal Issues

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2
Q

they should have basic knowledge of the law and its branches, the legal system, the legal issues they are most likely to encounter, the legal facilities of the institution, and institutional regulations regarding the patient care they provide

A

legal issues

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3
Q

Is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

A

The law

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4
Q

Encompasses principles and rules based on ancient usages and customs.

A

Common law

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5
Q

Is all the laws and statutes put into place by elected officials on federal, state, county, and city governments.

A

Legislation

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6
Q

Tort of negligence may help to illustrate the __________basis of our current law system

A

Common law

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7
Q

a wrongful act

A

Tort

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8
Q

Is filed to recover damages for personal injury or property damage occurring from negligent conduct or intentional misconduct.

A

Tort of action

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9
Q

Is a civil wrong for which the law provides a remedy.

A

Tort

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10
Q

Two Categories of tort law

A

Intentional tort
Unintentional tort

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11
Q

*Result when an act is done with the intention of causing harm to another.
* are most likely to have an impact on the provision of medical imaging services are assault, battery, false imprisonment, and defamation.

A

Intentional tort

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12
Q

*Are wrongs resulting from actions that were not intended to do harm.
* most commonly encountered in medical imaging is medical malpractice, a broad term that in most jurisdictions encompasses negligence, failure to obtain informed consent, and breach of patient confidentiality.

A

Unintentional Tort

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13
Q

To ensure their understanding is the best tool to lessen or decrease the risk of allegations of intentional torts.

A

Communication with patient

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14
Q

This act of holding themselves knowledgeable in their field created an obligation to give proper service. If such service is not delivered through their own fault, they might be held liable for any damage or injury caused

A

Common law

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15
Q

Negligence can be found only if a duty is owed, that duty is breached, and demonstrable harm has resulted from the breach

A

Under current law

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16
Q

• Negligence can be found only if a duty exists

A

Statutes and judicial decisions

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17
Q

• A statute may create a duty, and may establish a duty
of professionals

A

Statutes and judicial decisions

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18
Q

• A physicians role to disclose information of procedures to their patients

A

Statutes and judicial decisions

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19
Q

includes all laws enacted by federal, state, county, or government

A

Statutory law

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20
Q

are previous cases that either interpret statutes or adopt and adapt common law principles

A

Judicial decisions

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21
Q

Deals with acts that affects the society or general public as a whole

A

Public law

22
Q

Deals with acts that affects the rights and obligations of individuals or group of individuals, business and provides for laws to resolves disputes in private matters

A

Private law

23
Q

Are laws that involves threat or harm to lives, properties, or moral welfare of the people

A

Criminal law

24
Q

Relate to every aspect of the electoral and political process, including the right to vote, campaign financing, and presidential election laws

A

Political law

25
Q

Relate to every aspect of the electoral and political process, including the right to vote, campaign financing, and presidential election laws

A

International law

26
Q

Is concerned with the rights and duties of persons

A

Civil law

27
Q

Mediates the relationship between workers, employing entities, trade unions and the government

A

Labor law

28
Q

Is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales

A

Commercial law

29
Q

A branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion

A

Remedial law

30
Q

Presidential decree Republic Act (source of the law)

A

Constitution

31
Q

Congress (source of the law)

A

Legislation

32
Q

Department of Justice Supreme court Court of Appeals (source of the law)

A

Judiciary

33
Q

Executive power of president (source of the law)

A

Administrative

34
Q

is a deliberate act wherein one person threatens to harm another without consent and the victim feels the attacker has the ability to carry out the threat

A

Assault

35
Q

is touching the victim without consent

A

Bettery

36
Q

is the making of a false statement to a third party that is harmful to another’s reputation.

A

Defamation

37
Q

is the unlawful confinement of a person within a fixed area

A

False imprisonment

38
Q

an unintentional tort involving duty, breach of duty, and causation

A

Negligence

39
Q

a written assent of a patient to receive a proposed treatment

A

Informed consent

40
Q

The tort most often involving imaging professionals is

A

Negligence

41
Q

The plaintiff has been injured as a result of the action or inaction of the defendant
• In addition, health care facility may also be sued
• The defendant must file a written answer to the allegations

A

Law suit

42
Q

•Each party in a lawsuit files initial papers, known as

A

Pleadings

43
Q

• Purpose is to ascertain the truth concerning the incident
• Questions may be asked of any parties either in writing or
orally
– Parties are under oath
• It must always be conducted with the supervision of the defense attorney

A

The discovery phase

44
Q

• Each party may call witness or introduce documents and exhibit in support of its arguments.
• The lawsuit may be dismissed or settled at any time before or during the trial.
• Negotiators, mediators, and arbitrators are often used to bring objectivity to the negotiations and encourage the parties to settle the lawsuit.

A

The trial

45
Q

A party dissatisfied with the result may appeal.
• During an appeal, a party asks a higher court to review the trial court proceeding where the decision may be reversed or reviewed.

A

The decision

46
Q

A writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him

A

Summon

47
Q

• An order that requires a person to attend at a specific time and place to testify as a witness

A

Subpoena

48
Q

A court order that forces a witness to testify in a trial with necessary documents.

A

Subpoena duces tecum

49
Q

• A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court.

A

Search warrant

50
Q

• A written order from a magistrate commanding someone to take the body of the person accused, to be dealt with according to the law.

A

Warrant of arrest

51
Q

Acts or omissions punishable by law Deceit (Dolo) - deliberate intent
• Fault (Culpa) - results from imprudence, negligence lack of foresight

A

Felonies

52
Q

results from imprudence, negligence lack of foresight

A

Fault(culpa)

JURISPRUDENCE FOR IMAGING TECHNOLOGISTS (1 decks)

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