RADR 1309: Final Chapter

Assault

any willful attempt or threat to inflict injury on the person of another, when coupled with the apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm

Ethics

the systematic study of rightness and wrongness of human conduct and character as known by natural reason

Battery

any unlawful touching of another that is without justification or excuse

professional ethic

Ethical conduct, guided by natural reason, determines what it means to be qualified.

professional etiquette

manners and attitudes toward patients generally accepted by practionioners

contract

An agreement between two or more persons/parties that creates an obligation to do or not to do a particular thing.

standards of ethics

what do code of ethics and rules of ethics make up

defamation

holding up a person to ridicule, scorn, or contempt in a respectable and considerable part of the community

false imprisonment

concious restraint of the freedom of a person without proper authorization, privilege, or consent

fraud

intentional perversion of truth for the purpose of inducing a person to rely on the false information to his or her detriment

implied consent

Person's agreement to allow something to happen which is not expressly given but rather inferred from a person's actions or inactions

informed consent

A person's agreement to allow something to happen (such as surgery) is based on a full disclosure of the facts needed to make the decision intelligently--that is, knowledge of risks involved, alternatives, benefits, and other information needed by a reasonable person to make a decision

negligence

failure to do something that a reasonable person guided by the ordinary considerations that ordinarily regulate human affairs would do, or the doing of something a reasonable and prudent person would not do

constitutional, statuatory (administrative), case law

3 types of law

standard of care

skill/care expected of competent professionals

second form of law

is enacted by legislative bodies or administrative agencies; system of statues and regulations are at a local, state and federal level and apply to all; legislatures and administrators can make appropriate changes to keep up with the needs of the practices/constituents being served

third form of law

case law; decided on a case by case basis judge or jury; the outcome of cases may set the precedent for future cases with similar fact patterns

standard of care

degree of skill (proficiency), knowledge, and care ordinarily possessed and employed by members in good standing within a profession.

CQP: Clinical performance standards, quality performance standards, professional performance standards

three areas of performance standards

tort

civil wrong committed by one individual against another. may be classified as either intentional or unintentional. this type of claim arises from a breach of duty.

assault

any willful attempt or threat to inflict injury on the person and any intentional display of force that would give the victim reason to fear or expect immediate bodily harm

battery

an unlawful touching of another that is without justification or excuse

false imprisonment

conscious restraint of another without proper authorization, privilege, or consent

fraud

willful and intentional misrepresentation of facts that may cause harm to an individual or result of loss of right of property

res ipsa loquitur (the thing speaks for itself)

Has 3 elements.

1. type of injury did not occur except for negligence

2. activity was under complete control of defendant

3. plaintiff did not contribute to his own injury

respondeat superior

meaning let the superior respond or the master speaks for the servant; the physician, supervisor, or employer may be liable in certain cases for the wrongful acts of employees or subordinates

corporate liability

requires the hospital/health care entity to be responsible for the quality of care delivered to consumers.

implied consent

The most common form of consent does not require a signature

informed consent

required when a patient is subjected to any type of invasive procedure

Schloendorff v. Society of New York Hospital (1914)

foundation of patient-practioner legal relationship

patient care partnership

AHA document outlining 6 patient rights and functions

ASRT practice standards

guidlines in clinical, quality, and professional performance

duty, breach, injury, causation

four elements of negligence

battery

what complaint may be brought against a technologist who touches a patient without permission

stope the process as soon as it is safe to do so

what should the technologist do if a patient revokes consent during a procedure

ARRT Code of Ethics 1

professional manner, responds to pts needs, and supports coleagues/associates (the registered technologist acts in a professional manner, responds to patients needs, and supports colleagues and associates in providing quality patient care)

ARRT Code of Ethics 2

provides services to humanity with full respect for mankind (the registered technologist acts to advance the principal objective of the profession to provide services to humanity with full respect for the dignity of mankind)

ARRT Code of Ethics 3

delivers patient care without discrimination (the registered technologist delivers patient care and service unrestricted by the concerns of personal attributes or the nature of the disease or illness, and without discrimination on the basis of race, color, creed religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, gender identity, veteran status, age, or any other legally protected basis.)

ARRT Code of Ethics 4

practices and uses equipment appropriately (the registered technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories consistent with the purposes for which they were designed, and employs procedures and techniques appropriately.)

ARRT Code of Ethics 5

Acts in the best interest of the patient (the registered technologist assesses situations; exercises care, discretion, and judgement; assumes responsibility for professional decisions; and acts in the best interest of the patient.)

ARRT Code of Ethics 6

obtains pertinent info for the physician (the registered technologist acts as an agent through observation and communication to obtain pertinent information for the physician to aid in the diagnosis and treatment of the patient and recognizes that interpretation and diagnosis are outside the scope of practice for the profession.

ARRT Code of Ethics 7

practices in accordance with accepted standards, minimizes radiation exposure (the registered technologist uses equipment and accessories, employs techniques and procedures, performs services in accordance with an accepted standard of practice, and demonstrates expertise in minimizing radiation exposure to the patient, self, and other members of the healthcare team.)

ARRT Code of Ethics 8

practices ethical conduct (the registered technologist practices ethical conduct appropriate to the profession and protects the patient's right to quality radiologic technology care.)

ARRT Code of Ethics 9

respects confidences and patient's right to privacy (the registered technologist respects confidences entrusted in the course of professional practice, respects the patient's right to privacy, and reveals confidential information only as required by law or to protect the welfare of the individual or the community.)

ARRT Code of Ethics 10

strives to improve knowledge and skills by participating in continuing education (the registered technologist continually strives to improve knowledge and skills by participating in continuing education and professional activites, sharing knowledge with colleagues, and investigating new aspects of professional practice.)

ARRT code of ethics 11

refrains from use of illegal drugs (the registered technologist refrains from the use of illegal drugs and/or any legally controlled substances which result in impairment of professional judgment and/or ability to practice radiologic technology with reasonable skill and safety to patients.)

Scope of practice

Most commonly defined by state law, outlines the care you are able to provide for the patient. Technical Incompetence, Improper Supervision in Practice and Improper Delegation or Acceptance of a Function

Duty to Report

-failure to report violation

-failure to report error