unit 5 Flashcards
law
the principle and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision
law vs medicine
-both are completely necessary
-both look at each situation from a different perspective
foundations of law
written to separate powers of the 3 branches of government
1. legislative
2. executive
3. judicial
legislative branch of government
-law making body; congress (senate/ house of representatives)
-written system of statues and regulations put into place by elected officials (includes local, state, federal, county and city; health come care)
criminal laws
prevent harm to society and provide punishment for crimes. wrong against the state
felony
serious crime with punishment of imprisonment for greater than 1 year of death
misdemeanor
less serious crime with punishment of fine or imprisonment for less than 1 year
civil law
wrongs of one person against another
-protect rights of individuals
-encourage fair and equitable treatment
-damages assessed and punishment involves payment of money
executive
the president
-administrator of the law
-approves/ carried out laws passed by legislative branch
judicial
judges or courts ( supreme court)
common or case law
decided on a case by case basis by either a judge or a jury
medical negligence
estimated 10% of claims are somehow related to diagnostic imaging
-improper diagnosis
-injuries to patients sustained during diagnostic imaging
institutional policies
-describes how employees are to perform their duties
0sets the standard for the institution
-must be congruent with state and federal laws
-RH intranet
tort
patients claim that he/she has been wrong or has sustained injury
intentional tort
willful acts which violate another persons rights
-assault, battery, false imprisonment, defamation of character, invasion of privacy
unintentional tort
-type of unintended accident that leads to injury, property damage, or finacial loss
-malpractice is negligence committed by a professional
assault
intentional threat in such a way that there is a reason to fear or to expect immediate bodily harm
-no actual contact is needed
-law products patients who are afraid or harmful contact
-key issue is CONSENT
-without consent you are guilty of assault
battery
any intentional unlawful touching without consent
-can cause injury or be offensive
-battery always includes assault
-having a physicians order does not prevent battery
-patients can withdraw consent at any time
false imprisonment
-unjustifiable restraint in which he/she is being restrained against his/her will
-issue arises most often with patients who are unable to cooperate: inebriated, senile
-patient may be insist upon leaving the hospital against medical advice
more on false imprisonment
several things must be proven by plantiff
-they were restrained either physically or by threat or intimidation
-they did not consent to the straight
-defendant acted unreasonably or in an unjustified and unprivilaged manner
legal criteria of restraints
-if patients is incompetent or requires restraints the law allows providers to touch patients without consent within certain parameters
-restraint needed to protect patient, health care workers or property of other
-restraint used is least intrusive method possible
negligence
failure to use such care as a reasonable prudent person would use under like or similar circumstances
-medical malpractice litigation for: medical negligence and professional negligence
what criteria must be proven for malpractice
-RT (defendant) owed a duty to the client (plantiff)
-RT did not cary out that duty or damage deviation
-client was injured
-RT’s failure to carry out the duty caused the injury
how are boundaries of negligence defined ?
-practice standards, code of ethics, professional position statements, standards of care of the profession, educational curriculum, “bill of rights”
malpractice insurance
contact between insurance and RT
-provides defense when RT is sued
pays attorney
-hospital typically insures its employees and students
defamation
holding up a person to ridicule, scorn or contempt in a respectable and considerable part of the community
- the uttering or publishing of an unprivileged false statement that hurts anothers reputation
-slander: oral defamation
-libel: written defamation
proving defamation
publisher of a defamation must be at fault at least to the degree of negligence
-harm must resulted from the publication
-statement must be false
-truth is total defense to defamation
-jury trial may be necessary to determine truth
confidentiality
-know HIPAA
-share information ONLY with healthcare providers who have demonstrated a “need to know” the information that you are releasing
-information is shared only for healthcare providers for the purpose of medical treatment only
breach of confidentiality
extends to verbal, written and computer communication as well as reproduction of records and employee conduct
-compensation can be awarded for breaches of this confidence
-the code of federal regulation and many state laws provide a high level of confidentiality
disclosures not requiring patient permission
-to the individual
-for treatment purposes to other health care providers
-for payment services
-for health care operations, including quality assurance info
-for appt. reminders, treatment alternatives and health related benefits
-to clergy
-to individuals involved in the payment of care
-for approved research
-subpoenas
-organ and tissue donors and public health risk
HIPAA patient rights
patients have the right to: inspect and obtain a copy of records, ask for protected health info, ask what disclosures have been made, request restriction of protected health info and disclosure and privacy notice
patient authorization
the whom
-patients may explicitly consent to the release of medical information in their records
-release must be in writing and contain the following
-patients name, address and date of birth
-the date
-signature of the patient
code of ethics #9
the radiologic technologic respects confidences entrusted in the course of professional practice, respects the patient’s right to privacy and reveals confidential information only as required by la or to protect the welfare of the individual or community
newborn abandonment
the practice of abandoning offspring outside of legal adoption
-causes include many social, cultural and political factors as well as mental illness
-infants up up to 28 days
-doesnt apply to child abuse
procedure of receiving a child
-doesn’t question the parent or attempt to find out his/her name
-take child to ED immediantly
-do not contact media
res ipsa loquitur
“the thing speaks for itself”
-situation in which a particular injury could not have happened in the absence of negligence
-not fault of the patient
-care provider was in complete control
respondeat superior
“the master speaks for the servant”
-physician, supervisor or health care facility may be liable in certain cases for the wrongful acts of employees or subordinates
cooperate liability: facility is responsible for employees and contractors quality of care delivered to consumers
whats the leading causes of lawsuits
poor client relationships
legal responsibilities of students
-be responsible for own actions
-held in the SAME standard of skill and competence as a registered professional
-ask for help if unsure
-comply with policies
-perform procedures as taught
patients rights
designed to help patients understand the expectations, rights and responsibilities regarding their health care
-includes: high quality care, skills, compassion
and respect
principle based ethics
autonomy, beneficence, justice, nonmaleficence, justice, fidelity, veracity, confidentiality
autonomy
-refer to a person independence
-self determination
-agreement to respect the individual’s right to decide their course of action
-values client decision making
-patients are in charge of their own medical decisions
-patients have the rights to refuse treatment
decision making from the patient based on complete information
treatment choices
-benefits and risk
-short or long term results
-finances
-follow up care instructions
responsibilities of the patient
-providing correct health info
-providing correct insurance info
-specific spiritual beliefs
-making available any living will or advance directive
consent
oral, implied, informed
implied consent
person awareness to allow something to happen which is not expressively given but rather inferred from a person action or inactions
-non verbal behavior can indicate agreement or disagreement
-“do you have any questions”
-with minor: you need a parent or a form signed
informed consent
-oral or written agreement
-patient signs a consent form
-more invasive procedures use this
-governed by state law
-required for hospitalization which ocvers all general forms of treatment
obtaining valid informed consent
pediatrics/minors: parental permission is required for all minors
-patient assent: used when patient is a minor but possess adequate age and developmental level to participate in their decision
-emancipated or mature minors are permitted to provide on their own
three criteria for informed consent
-consent must be given voluntarily
-consent must be gievn by a client or individual with the capacity and competence to understand
-client or indiviual must be given enough info to be ultimate decision maker
physician role
to provide the info
witness role
to witness the patients signature
patient role
ask questions to make autonomous decision
code of ethics ARRT #5
the radiologic technologist assess situation; exercises care, discretion, and judgment; assumes responsibility for professional decisions; and acts in the best interest of the patient
exception fot consent
emergency when the patient is unconscious
-information is withheld because risk of disclosure poses threat to patient
therapeutic privilege
physicians/ imaging professional decide what the patient needs to know
-providers think It will have an adverse effect on the patients condition or health
biomedical research
imaging professionals ,ay be employed by institutions that conduct research on human beings
-ethical document
three main components given to patient upon initiation of care
=patient has the right to facilitate their own health care decisions
-patient has choice to refuse treatments
-patient has right to written advance directive
false claims act
prohibits submission of false or fraudulent claims to the government
anti-kickback stautue
prohibits asking for or receiving anything of value in exchange for referrals of federal healthcare program business
ethics in patient referrals or “stark law”
limits physician referrals when a physician has a financial relationship with the hospital or health system
conflict of interest
avoid wrongdoing or misconduct and the appearance of wrongdoing or misconduct
-make decisions based on what is the best for the patient
orders
following MD/Nurse practitioner orders
-must be legible
-corresponds with patient complaint : correct body part, correct side, correct reason
-MD signature
documentation needs to be
complete, truthful, objective, timely, legible, signed or electronically stamped with your name/numbers (slide 88)
code of ethics arrt #6
the radiologic technologist act is an agent through observation and communication to obtain important information for the physician to aid in the diagnosis and treatment of the patient
ethics committee
serves as a problem solving and decision making body
-choose a course of action according to its best collaborative judgement of what should be done
-can educate anyone
risk management
system for identifying, analyzing and evaluating risks and selecting the most advantageous method for treating them
-eliminates teh causes of loss experienced by the hospital and its patients, employees and visitors
(slides 97-99)
