Ethical and Legal Foundations

Define ethics

system or code of conduct and morals advocated by a particular individual or group; the study of acceptable conduct and moral judgement

Define biomedical ethics

the branch of ethics dealing with dilemmas faced by medical professionals, patients, and their families and friends

What are the 7 principles of biomedical ethics?

1. autonomy

2. beneficence

3. confidentiality

4. justice

5. nonmaleficence

6. role fidelity

7. veracity

Explain autonomy (as a principle of biomedical ethics)

self-contained ability to decide; independence

Explain beneficence (as a principle of biomedical ethics)

actions to benefit others; doing good

Explain confidentiality (as a principle of biomedical ethics)

maintaining privacy

Explain justice (as a principle of biomedical ethics)

equitable, fair, or just conduct in dealing with others

Explain nonmaleficence (as a principle of biomedical ethics)

avoidance of harm to others

Explain role fidelity (as a principle of biomedical ethics)

strict observance of promise or duties; loyalty and faithfulness to others

Explain veracity (as a principle of biomedical ethics)

obligation to tell the truth; not to lie

Professional codes of ethics help ensure a ___

high standard of practice

The ASRT created ___, whereas the ARRT created ___

ASRT: practice standards

ARRT: code of ethics

Define critical thinking

an ethical problem solving tool defined as purposeful, self-regulatory judgement resulting in interpretation, analysis, evaluation, and inference

Define values

qualities or standards desirable or worthy of esteem in themselves; expressed in behaviors, language, and standards of conduct; impact techs’ decision making

What are the 3 basic groups of values?

1. personal values

2. cultural values

3. professional values

Define professionalism

an awareness of the conduct, aims, and qualities defining a given profession

familiarity with professional codes of ethics and understanding of ethical schools of thought, patient-professional interaction models, and patient’s rights

What are the 3 broad schools of thought?

1. consequentialism

2. deontology

3. virtue ethics

Explain consequentialism (teleology)

bases decisions on the consequences or outcomes of a given act; evaluates the good of an activity by assessing whether immediate harm is balanced with future benefits (greatest good for the greatest number of people)

Explain deontology

bases decisions on individual motives and morals rather than consequences; examines the significance of actions themselves

What 2 schools of thought are opposites of each other?

teleology and deontology

Explain virtue ethics

focuses on the use of practical wisdom for emotional and intellectual problem solving; more holistic approach to solving ethical dilemmas

What is the newest school of thought?

virtue ethics

What are the 5 models for ethical decision making?

1. engineering model

2. paternal/priestly model

3. collegial model

4. contractual model

5. covenantal model

Explain the engineering model

• identifies the health care provider as a scientist concerned with facts

• defines the patient as a condition or procedure, not a person

Explain the paternal/priestly model

• caregiver acts in a paternal, omniscient role, making decisions FOR the patient instead of WITH the patient

• caregiver thinks they know what is best for the patient

Explain the collegial model

• mutual cooperation between the healthcare provider and the patient

• helpful in addressing patients’ emotional needs and engaging their cooperation

• requires more time establishing a rapport

Explain the contractual model

• business relationship between caregiver and patient

• both sides have obligations, rights, and responsibilities

Explain the covenantal model

• agreement between caregiver and patient grounded in traditional values

• includes trust in the professional’s integrity and confidence that the caregiver has the patient’s best interest in mind

What organization released a patient rights brochure, and what was it called?

American Hospital Association

The Patient Care Partnership

Why was the Dowd problem-solving model developed?

to aid in ethical problem solving for imaging professionals

What are the 6 steps in the Dowd problem-solving model?

1. assessment of the problem

2. isolation of the issues

3. analysis of the data

4. development of a plan of action

5. institution of the plan

6. analysis of the outcome

Define law

a body of rule of action and conduct prescribed by controlling authority and having binding legal force

The basis for the controlling authority includes ___ and ___

common law and case law

Define common law

encompasses principles and rules based on ancient usages and customs

What is the basis of the current law system?

common law

What is the basis for case law?

legislation

Define legislation

all the laws and statues put into place by elected officials in federal, state, county, and city governments

What is statutory law?

all laws enacted by federal, state, county, and city governments; changes as society changes

What are the 3 branches (components) of the law?

administrative law, criminal law, civil law

Explain administrative law

• determines the licensing and regulation of the practice of imaging professionals

• regulates some employer-employee relations

• penalties for violations can include suspension and revocation of license

Explain criminal law

• addresses wrongs against the state (government)

• penalties for violations can include fines, restitution, community service, or incarceration

Explain civil law

• addresses wrongs committed by one party harming another

• penalties for violations can include monetary damages to compensate for loss

Tort law is a subdivision of ___

civil law

Law suits involving medical imaging will most often be brought under ___ law

Tort

Explain Tort law

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

What Torts are most likely encountered by an imaging professional, and which is the most common?

• assault

• battery

• false imprisonment

• defamation

• negligence

• lack of informed consent

• breach of patient confidentiality

Can medical negligence be a synonym for medical malpractice?

YES!

What are the 5 phases to a lawsuit?

1. pleading

2. discovery

3. trial

4. decision

5. post-decision appeal process

What is the most important part of a lawsuit?

discovery

Explain the pleading phase of a lawsuit

• plaintiff files a complaint/claim/petition

• defendant must file a written answer to the complaint within a time frame set by the court

  • (defendant is the person/people who the claim is against)

Explain the discovery phase of a lawsuit

• facts of the case are sought

• can be through written questions

  • requests for information, admissions, documents, email, and/or video

• can be oral questions

  • interrogations

Explain the trial phase of a lawsuit

• lawsuit can be dismissed or settled at any time before or during the trial

• facts are presented to the judge or jury

  • opening statements

  • plaintiff presents their case

  • defendant presents their case

  • both sides get a rebuttal

  • closing arguments

Explain the decision phase of a lawsuit

a decision is rendered by the judge or jury

Explain the post-decision appeal process phase of a lawsuit

the decision may be reversed or reviewed

What is risk management?

the system for identifying, analyzing, and evaluating risks and selecting the most advantageous method for treating them

What are the 3 goals of risk management?

1. elimination of the cause of loss experienced by the hospital and its patients, employees, and visitors

2. reduction in the operational and financial effects of unavoidable losses

3. coverage of inevitable losses at the lowest cost

Explain quality assurance

• process to assess quality of patient care that uses hospital committees to oversee the quality of various hospital functions

• focuses more on patient care than does risk management

• these committees carry out functions mandated by Joint Commission on Accreditation of Healthcare Organizations (JCAHO)

How does Advocate Aurora promote safety and quality assurance?

• site leaders huddle at the start of every day to create a shared awareness regarding current issues that have the potential to impact the safety, quality, and service of care delivered that day

• department leadership forwards site huddle information to all frontline team members