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moral reasoning
a systematic approach to making ethical decisions.
It is a structured process, an intellectual means of defending our ethical judgments against the criticisms of others.
Knowledge of ethical principles is important but it’s the application and defense of rules of conduct that are core to moral reasoning.
personal behaviour standards
Ethical conflicts may trouble us when the ethics of the group are not compatible with our personal beliefs.
Professionals must not permit issues of personal morality to supersede the group moral duty to provide quality patient care.
personal honesty
integrity
accountability
competence
compassion
ethical imperatives in healthcare
ethics
is generally concerned with the standards, rules, or guidelines for moral or socially approved conduct.
ethical standard
If a person’s personal standard conflicts with an ethical standard, what standard wins?
autonomy
justice
beneficence
non-maleficence
many professional ethicists recommend using four basic values, or principles, to decide ethical issues:
autonomy
Patients basically have the right to determine their own healthcare.
justice
distributing the benefits and burdens of care across society.
beneficence
doing good for the patient
non-maleficence
making sure you are not harming the patient
medical ethics
involves examining a specific problem, usually a clinical case, and using values, facts, and logic to decide what the best course of action should be.
when a COMPLAINANT files a complaint (claim or petition) against the DEFENDANT with the court.
when does a lawsuit begin?
failed to provide treatment;
has provided inadequate treatment;
has committed misconduct; and
has caused injury as a result of the action or inaction.
Complaints on technologists can be made when he or she:
pleading phase
discovery phase
trial
decision
post-decision apeal process
phases of lawsuit
pleading phase
Each party in a lawsuit files initial papers, known as "pleadings."
explain each party's side of the dispute.
The Complaint: The complaint describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm.
The Answer: The defendant is given a specific amount of time to file an answer to the complaint. The answer provides the defendant's side of the dispute.
The Answer
The defendant is given a specific amount of time to file an answer to the complaint.
provides the defendant's side of the dispute.
The Complaint
describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm.
discovery phase
It is usually the longest part of the case.
Purpose is to ascertain the truth concerning the incident.
Depositions may be conducted in which witnesses are questioned under oath by the parties' attorneys and the witnesses' answers are recorded by a court reporter.
It must be conducted with the supervision of the defense attorney.
trial
At this phase, the parties present evidence in support of their claims or defenses to a jury and/or judge.
Each party may call witnesses or introduce documents and exhibits in support of its arguments.
The lawsuit may be dismissed or settled at any time before or during the trial.
Negotiators, mediators, and arbitrators are often used to bring objectivity to the negotiations and encourage the parties to settle the lawsuit.
decision
It is when the jury has deliberated and reached a decision or verdict.
post-decision appeal process
A party dissatisfied with the result may appeal.
During an appeal, a party asks a higher court to review the trial court proceeding where the decision may be reversed or reviewed.
article I. relation with the state and society
article II. relation with patients/clients
article III. relation with other allied profession
article IV. relation to agency
article v. relationship with oneself
code of professional ethics for radiologic technologisy and x-ray technologist
article I (relation with the state and society). section 1
Radiologic technologists and X-ray technologists should be aware of the supreme authority of the state and should adhere to the Constitution, R.A. No. 7431 and other laws, the rules and regulations promulgated pursuant to such laws.
article I (relation with the state and society). section 2
They should, above all, consider the welfare and well-being of the public and the interest of the state.
article I (relation with the state and society). section 3
They are encouraged to involve themselves in civic affairs and cooperate with other organizations to promote the growth and welfare of the community.
article II (relation with patients/client). section 1
Patients/clients are the focus in the practice of Radiologic Technology and X-Ray Technology. Hence, Radiologic Technologists and X-Ray Technologists must at all times act with dignity and sincerity and must express genuine concern in the discharge of their work.
article II (relation with patients/client). section 2
They should keep in confidence any data or findings obtained in the performance of their duty. Disclosure, if warranted, should be done by the Radiologists concerned.
article II (relation with patients/client). section 3
They should not discriminate against anybody and should attend to all patients/clients regardless of creed, race, belief, or political affiliation.
article II (relation with patients/client). section 4
They should provide the highest level of technical know-how in the performance of their work, employing courtesy, empathy, compassion, and privacy to the patient/ client and his family. They should try to perform the examination within reasonable time to avoid the risk of repetition to minimize the radiation exposure to the patient.
article III (relation with other allied profession). section 1
Radiologic Technologists and X-Ray Technologists should bear in mind that their profession is a public trust, and that they at all times maintain and uphold the dignity and integrity of their profession and protect it from misinterpretation.
article III (relation with other allied profession). section 2
They should not directly or indirectly assist in any unauthorized practices of the profession. They should report any violations of R.A. 7431, the rules and regulations and this Code of Ethics for registered Radiologic Technologists and X-Ray Technologists to the Board of Radiologic Technology.
article III (relation with other allied profession). section 3
They should share information and experiences with their fellow paramedical professionals, participate, and be active members of the accredited association of Radiologic Technologists and X-Ray Technologists.
Schools and Colleges with courses on Radiologic Technology and X-Ray Technology should be encouraged to conduct research to enhance the growth and advancement of the profession.
article III (relation with other allied profession). section 4
They should observe punctuality and keep appointments, particularly in the discharge of their duties with patients/clients.
article III (relation with other allied profession). section 5
They should avoid instances where their personal interest and financial gains will be in conflict with those of their patients/clients, colleagues or employers.
article III (relation with other allied profession). section 6
They should at all times perform their tasks with honor and dignity and should be fair and impartial to all.
article III (relation with other allied profession). section 7
They should at all times keep their reputation above reproach and conduct themselves with proper decorum to gain public esteem and respect for the profession
article III (relation with other allied profession). section 8
They should at all times strive to enhance professional growth through continuing education and subscriptions for professional journals.
article III (relation with other allied profession). section 9
They should not degrade the reputation, competence, and capability of a colleague to aggrandize themselves.
article III (relation with other allied profession). section 10
They should encourage and provide opportunities for professional development and advancement of their colleague.
article III (relation with other allied profession). section 11
They should adhere to the principles of due process and equality of opportunity in peer relationship and personnel actions.
article III (relation with other allied profession). section 12
They should align personal philosophies and attitudes with those of the institutions they serve.
article III (relation with other allied profession). section 13
They should help to create and maintain conditions under which scholarship can exist, like freedom of inquiry, thoughts and expressions.
article III (relation with other allied profession). section 14
They should be receptive to new ideas, knowledge, and innovations that contribute to the development and growth of the profession.
article IV (relation with agency). section 1
Radiologic Technologists and X-Ray Technologists should assist in the improvement of governmental agencies’ functions and the lightening of their patient’s workload.
article IV (relation with agency). section 2
They should be vigilant in the protection of equipment and materials needed to perform their duties.
article IV (relation with agency). section 3
They should perform the tasks assigned them by their governmental agency employer in good faith and to the best of their abilities utilizing their technical skills and diligence, particularly in instances where the patients safety maybe jeopardized by their neglect.
article IV (relation with agency). section 4
They should help promote, support, assist, and establish goodwill and camaraderie towards their peer employees in the paramedical professions.
article V (relation with oneself). section 1
Radiologic Technologists and X-Ray Technologists should always be honest, dependable, levelheaded, and morally upright.
article V (relation with oneself). section 2
It is incumbent for them to provide for their professional growth through continuing education, attendance in seminars or subscriptions for professional journals and research materials.
article V (relation with oneself). section 3
They should be entitled to a just and fair compensation for services rendered.
article V (relation with oneself). section 4
They should not allow their names to be advertised by any person or organization, unless they are employed therein.
trust
a fundamental characteristic of the physician-patient relationship
physicians’ willingness to listen to patients
patients’ believing that physicians value patient autonomy and ability to make informed decisions
patients feeling comfortable enough to express and engage in dialogue related to their health concerns
Trust extends to many different aspects of the physician-relationships including:
rigths and responsibilities of patients
Magna Carta of Patient's Rights and Obligations Act of 2017
Right to Good Quality Health Care and Humane Treatment
Right to Dignity
Right to be Informed of His Rights and Obligations as a Patient
Right to Choose His Physician / Health Institution
Right to Informed Consent
Right to Refuse Diagnostic and Medical Treatment
Right to Refuse Participation in Medical Research
Right to Religious Belief and Assistance
Right to Privacy and Confidentiality
Right to Disclosure of, and Access to. Information
Right to Correspondence and to Receive Visitors
Right to Medical Records
Right to Health Education
Right to Leave Against Medical Advice
Right to Express Grievance
SECTION 4: Individual Rights of Patients
Know Rights
Provide Adequate, Accurate and Complete Information
Report Unexpected Health Changes
Understand the Purpose and Cost of Treatment
Accept the Consequences of Own Informed Consent
Settle Financial Obligations
Respect the Rights of Health Care Providers, Health Care Institutions and Other Patients
Obligation to Self
Provide Adequate Health Information and Actively Participate in His/Her Treatment
Respect the Right to Privacy of Health Care Providers and Institutions
Exercise Fidelity on Privileged Communication
Respect a Physician's Refusal to Treat Him
Respect the Physician's Decision on Medical Reasons based on his/her Religious Beliefs
Ensure Integrity and Authenticity of Medical Records
Participate in the Training of Competent Future Physicians
Report Infractions and Exhaust Grievance Mechanism
SECTION 6: The Obligations of Patients
doctrine of forseeability
doctrine of force majeure
doctrine of respondeat superior
doctrine of res ipsa loquitor
rescue doctrine
fellow servant doctrine
doctrine of continuing negligence
legal doctrines applied to medical practice
doctrine of forseeability
A person cannot be held liable for negligence if the injury sustained by the patient is on account of unforeseen conditions.
doctrine of force majeure
No person shall be responsible for those events which cannot be foreseen and are inevitable (floods, fire, earthquakes, accidents)
doctrine of respondeat superior
Let the master answer for the acts of subordinates.
doctrine of res ipsa loquitor
let the thing speak for itself
rescue doctrine
Doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property.
fellow servant doctrine
Provides that if a servant (employee) was injured on account of the negligence of his fellow servant (employee), the employer cannot be held liable (covered by workmen’s compensation law).
doctrine of continuing negligence
Contemplates of an unfailing duty of defendant to appraise, make necessary investigation or examination of his patient's injury with reasonable care and skill, failure of whom constitutes of a continuing act of negligence.
summon
subpoena
subpoena duces tecum
search warrant
warrant of arrest
written orders issued by the court
summon
A writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him.
subpoena
An order that requires a person to attend at a specific time and place to testify as a witness.
subpoena duces tecum
A court order that forces a witness to testify in a trial with necessary documents.
search warrant
A warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court.
warrant of arrest
A written order from a magistrate commanding someone to take the body of the person accused, to be dealt with according to the law.
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