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ETHICS-LAW PART 1©

LAW and THE RADIOGRAPHER

Presented by Martina Harris

University of Phoenix

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ETHICS-LAW PART 1Objectives

Define Private and Public Law Identify and discuss types of Intentional

Torts Define Medical Malpractice Explain the elements of Malpractice Explain the Radiographers

responsibilities

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LAW DEFINED(IN IT’S SIMPLEST AND BROADEST SENSE)

A SYSTEM OF PRINCIPLES AND RULES DEVISED BY ORGANIZED SOCIETY FOR THE PURPOSE OF CONTROLLING HUMAN CONDUCT

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LAW

Can be classified as either:

A. PUBLIC

B. PRIVATE

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LAW

PUBLIC LAW is the body of law which concerns the government and its relations with individuals and business organizations.

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LAW

PRIVATE LAW is the body of law which refers to the rules and principles which define and regulate rights and duties between or among persons and private business.

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LAW

PUBLIC LAW OR PRIVATE LAW

Which do you think is the body of law which the physicians and Radiologic Technologists would be involved in?

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LAW

CORRECT…..

Private Law encompasses: contracts property and TORT (Malpractice)

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TORT LAW

Black’s law dictionary defines a Tort as a private or civil wrong

or injury from which a court will provide a remedy in the form of an action for damages.

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TORT LAW

The Remedy –

is the law of compensation for accidents that involves damage to

a person or property

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INTENTIONAL TORTS

Types:

ASSAULT –

BATTERY –

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INTENTIONAL TORTS

ASSAULT – The THREAT of touching in an injurious way

BATTERY – Consists of an unlawful touching of a person without

consent

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INTENTIONAL TORTS

Types continued: LIBEL -

SLANDER -

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INTENTIONAL TORTS

Libel and Slander both mean the malicious spreading of information that results in Defamation of Character or Loss of Reputation:

LIBEL = Written information

SLANDER = Verbal information

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INTENTIONAL TORTS continued

Types continued: FALSE IMPRISONMENT -

INVASION OF PRIVACY -

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INTENTIONAL TORTS continued

FALSE IMPRISONMENT – Unjustifiable

detention of a person against his/her will.

INVASION OF PRIVACY (IOP) according to legal-dictionary.com –

IOP is “the intrusion of the personal life of another, without just cause.”

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Give an example of a type of Intentional Tort in a medical setting

Assault –Battery –Libel –Slander –False Imprisonment

–Invasion of Privacy –

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READY?

Have your Answers?

Review Words YES

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Answer to Questions - Torts

Example of each intentional tort could be:

Assault: Frightening a patient, by coming at them with a needle when unexpected.

Battery: Injecting the patient using the needle without consent

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Answers continued

Libel: Be careful what one writes in the medical record chart.

Slander: Using words like FLK (funny looking kid) can be used in a slander case.

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Answers continued

False Imprisonment: Cannot restrain a patient without physician orders.

Invasion of Property: Cannot give out information on the patient without patient consent (including to spouse).

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Unintentional Tort

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UNINTENTIONAL TORT

Unintentional Torts are acts not intended to do harm but still result in damage to person or property.

Negligence and Malpractice are usually unintentional torts

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NEGLIGENCE

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NEGLIGENCE - General

Defined:

Negligence occurs when a person commits a wrongful act because of failure to do, what a reasonably prudent person would do in the same circumstances.

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PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)

Defined

Neglect or Omission of reasonable care

or caution in a relationship between a professional person and a patient/client.

The professional has a duty to provide reasonable care.

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What are Examples of Common Medical Malpractice Cases?

Surgical Errors Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur.

General failure to diagnose

Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.

Experimentation Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.

General Improper Procedure

Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.

http://www.medicalmalpracticefyi.com/medical_malpractice_cases.html

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PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)

In the medical field reasonable care is also recognized as the

“Standard of Care”

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Malpractice

STANDARD OF CAREThe duty/standard of due care requires all persons to conduct themselves as any average

reasonable person would do in similar circumstances.

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STANDARD OF CARE

In Malpractice cases, the standard of care is:

“A physician is bound to bestow such reasonable and ordinary care, skill and diligence as physicians and surgeons in good standing in the same neighborhood, in the same general lie of practice, ordinarily have and exercise in like cases”.

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STANDARD OF CARE and the RADIOGRAPHER

As a result, what does this mean to the Radiographer?

Within a Scope of Practice we will be judged on how we perform within the city/area we live. Are we performing the correct procedures on the patient? Are we following correct protocols? Does it conform to the standards of the profession?

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A Radiographer or any medical professional can be found negligent in a court of law, if the civil proceedings establish the following four (4) elements:

STANDARD OF CARE/Radiographer

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STANDARD OF CARE/Radiographer and NEGLIGENCE

1. DUTY expected of a Radiographer It must be proved that the radiographer involved has a duty to

the patient. Professional and patient relationship is established

2. BREACH of careIt must be ascertained that the provider has breached the duty owed the patient. Failed to provide the patient with standard

of care sanctioned by our profession

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STANDARD OF CARE/Radiographer and NEGLIGENCE

3. CAUSATION – Cause of Injury is by the radiographers negligence

4. DAMAGE Injury to patient actually occurred.

Example: All radiographic images are included & must be diagnostic

There must be good record keeping and the department protocol

has been followed.

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STANDARD OF CARE and Negligence

Basically,

A patient must be injured to receive compensation.

A personal injury or tort will usually not be successful in established liability if there are no damages. But,...

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…A duty to protect another is proportional to

the risk or hazard of a particular activity.

STANDARD OF CARE and Negligence

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A person is negligent when, without intending any harm or wrong, (s)he does such an act or fails to take necessary precautions so that another person is exposed to unreasonable risk or harm

Example: Leaving side rails down on a stretcher

STANDARD OF CARE and Negligence

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List the four (4) elements which must be in place for a successful malpractice case?

STANDARD OF CARE and Negligence

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STANDARD OF CARE/Radiographer and NEGLIGENCE

Correct!

1. DUTY 2. BREACH3. CAUSATION4. DAMAGE

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RADIOGRAPHER

In Summary

THE RESPONSIBILITY OF THE RADIOGRAPHER IS TO BE

A RADIOGRAPHER OF SAFE CARE

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SAFE CARE - Responsibility

As a Health Care Professional it is, also, the RESPONSIBILITY of the Radiographer to be sure that the study, in question, is appropriate.

Examples:

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Examples

When it is unclear which extremity needs to be radiographed

When the order is non-specific Removing a cervical collar, when the spine

has not been clear Appropriate patient position, when the

patient cannot tolerate the study ordered Erect versus Recumbent

When the order is incorrect

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YOU

Your JudgmentJudgment is the most important tool you have when dealing with and assessing patients. Use this judgment wisely. Whenever you are in doubt, contact your supervisor, protocol or the radiologist &/or physician

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References

Einstein Law, Inc. Trust your case to a Qualified Malpractice Attorney. Retrieved February 12, 2006 from website http://www.medicalmalpracticefyi.com/medical_malpractice_cases.html

Hall, J.K (2002) Law and Ethics for Clinicians. Jackhal Books, Amarillo, TX

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References

Towsley-Cook, D.A. & Young, T.A. (1999) Ethical and Legal Issues for Imaging Professionals. Mosby, Inc. St. Louis, MI.

Wilson, B.G. (1997) Ethics and Basic Law for Medical Imaging Professionals. F.A. Davis Company Philadelphia, PA.

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Section 1 completed

Questions or additional information please e-mail me at

ABC@ABC.EDU

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