Tort

Question 1

A tort

Answer 1

Is a civil wrong committed by one individual against the person or
property of another.

Question 2

Plaintiff

Answer 2

suing party

Question 2

The defendent

Answer 2

The one being sued

Question 2

felony

Answer 2

Serious crime punished by imprisonment and in extreme cases by
death

Question 3

Defamation

Answer 3

To attack or injure a person’s reputation

Question 3

Misdemeanor

Answer 3

Less significant crime punishable by fine or less than a year

Question 4

Laws

Answer 4

rules of standards of human conduct established by government through legislative bodies.

Question 4

categories of law

Answer 4

1. Criminal law;
   * Deals with offences against the state or the community
   * Protects the community against certain acts
   * An example would be a terrorist bombing that results in
   destruction of public property and the death of one or more
   persons (a crime against society and it’s a felony)
2. Civil law
   * A civil law is broken if another person’s private legal rights have
   been violated
   * An example of a violation of a civil law might be a suit by an
   individual against a physician for a misdiagnosis that results in a
   injury
   * This injury is to one person and not to the entire society

Question 5

Libel and slender

Answer 5

malicious spreading of information that causes defamation of
character or loss of reputation.

Question 5

Invasion of privacy

Answer 5

breach of confidentiality

Question 5

Assault

Answer 5

Threat of touching in an injurious way

Question 5

Examples of Intentional tort

Answer 5

• False imprisonment
• Invasion of privacy
• Libel & slander
• Assault
• Battery

Question 5

Categories of Offenses likely to be commited in hospital setting

Answer 5

1. Intentional tort
2. Unintentional tort

Question 6

Unintentional tort

Answer 6

• Negligence:
  When someone doesn’t do what a reasonable person would do, or fails to be careful,
• Malpractice:
  Improper action on part of a
  professional resulting in some form of injury to the patient as a direct
  result of care from the professional.

Question 6

Battery

Answer 6

Unlawful touching of a person without consent

Question 6

Four conditions that legally establish a claim of
malpractice

Answer 6

1. The defendant had a duty to provide reasonable care to the
   patient.
2. The patient sustained some loss or injury
3. The defendant is the party responsible for the loss.
4. The loss is attributable to negligence or improper action.

Question 6

False imprisonment

Answer 6

unjustifiable detention of a person against his/her will

Question 7

Competence

Answer 7

Knowing and adhering to professional standards

Question 7

The 7 Cs of malpractice prevention

Answer 7

1. Competence
2. Compliance
3. Charting
4. Communication
5. Confidentiality
6. Courtesy
7. Carefulness

Question 7

Compliance

Answer 7

Following policies and procedures

Question 8

Communication

Answer 8

good communication with patients

Question 8

Charting

Answer 8

Documentation should be complete, consistent and objective.

Question 9

Courtesy

Answer 9

Caring and respecting attitude by the radiographer.

Question 9

Confidentiality

Answer 9

duty of an individual to keep certain information private

Question 10

Carefulness

Answer 10

Alert and responsible as personal injuries can occur unexpectedly.

Question 11

Examples of unintentional tort

Answer 11

• Improperly marking radiographic images, such as incorrectly labelling
  intravenous pyelography for right and left which could result in the
  surgeon removing the healthy kidney, leaving only the diseased
  kidney
• Omitting to apply gonadal shielding on a female patient with a femur
  fracture who is subsequently discovered to be pregnant.
• Handing the radiologist the incorrect syringe during a procedure
  which results in the injection of a wrong drug instead of the
  contrast media
• Leaving an unconscious patient on a trolley while the
  radiographer leaves the room, thus allowing the radiographer to
  jar the siderails and fall off the trolley because the safety belt was
  not secure

Question 12

Patients responsibility

Answer 12

responsible for;
* Keeping appointments
* Refusing treatment
* Providing accurate and complete healthy history.
* Following hospital rules.

Question 13

Define intentional tort

Answer 13

A purposeful deed committed with the intention of producing the consequences of the deed

Question 14

Why do we have the tort law

Answer 14

To protect the violator of law from being sued for an act of vengeance, to determine and to compensate the injured party