Biomedical Ethics: Medical Law, Patient Bill of Rights, & Scope of Practice (quiz 1 prep)

What is the purpose of law in healthcare?

Law establishes rules for behavior, protects rights, regulates professional conduct, and provides a framework for resolving disputes.

Substantive Law

The branch of law that establishes legal rights, duties, responsibilities, and relationships.

Procedural Law

Rules that determine how legal rights are enforced and how legal proceedings are conducted.

Civil Law

Law that addresses disputes between individuals or organizations, including many healthcare malpractice claims.

Criminal Law

Law involving offenses considered harmful to society or the government and subject to criminal penalties.

Common Law

Law developed through judicial decisions and the use of precedent rather than solely through legislation.

Contract Law in Healthcare

Law governing legally enforceable agreements, which can include agreements between patients and healthcare providers.

What distinguishes civil law from criminal law?

Civil law generally resolves disputes and provides remedies such as damages, while criminal law addresses offenses against society and can result in criminal penalties.

What is a tort?

A wrongful act or failure to act that causes harm to another person or their property and may result in civil liability.

Unintentional Tort

A wrongful act that occurs without the intent to cause harm; negligence is a common example in healthcare.

Intentional Tort

A wrongful act committed deliberately, such as performing a procedure on a patient without appropriate consent.

Negligence

Failure to use the level of care that a reasonably prudent healthcare professional would use under similar circumstances.

Give an example of negligence by a sonographer.

Accidentally causing patient harm because an appropriate safety procedure, protocol, or standard of care was not followed.

What generally begins a medical malpractice lawsuit?

The plaintiff initiates the legal action by filing a formal complaint.

Complaint

A formal legal document that begins a lawsuit and identifies the plaintiff's allegations against the defendant.

Discovery

The stage of litigation in which the parties obtain and exchange relevant information and evidence before trial.

Deposition

Sworn testimony given outside the courtroom that is recorded and may later be used during legal proceedings.

Appellate Court

A court that reviews decisions from lower courts for legal errors rather than conducting a completely new trial.

Supreme Court

The highest court in the U.S. federal judicial system, with authority over significant questions involving federal law and constitutional interpretation.

Respondeat Superior

A legal doctrine that may hold an employer responsible for certain actions or errors committed by an employee while performing job-related duties.

Healthcare Example of Respondeat Superior

A healthcare organization may be held responsible for an employee's negligent conduct when the employee was acting within the scope of employment.

Res Ipsa Loquitur

A legal doctrine meaning "the thing speaks for itself," which may allow negligence to be inferred from circumstances surrounding an unusual event.

Why is Res Ipsa Loquitur important?

In certain cases, the circumstances themselves may provide evidence suggesting negligence even when the exact negligent act is difficult to identify.

Medical Malpractice Liability Insurance

Coverage designed to help protect healthcare professionals or organizations from financial losses associated with malpractice claims, including certain legal expenses and damages.

Why is accurate documentation important in healthcare?

Documentation creates a record of patient care, supports continuity of care, demonstrates that appropriate actions were taken, and may serve as evidence in legal proceedings.

Scope of Practice

The legally and professionally defined activities a healthcare professional is educated, trained, credentialed, and authorized to perform.

Why should healthcare professionals practice within their scope?

Working outside one's authorized scope can place patients at risk and expose the practitioner and employer to disciplinary or legal consequences.

Battery in Healthcare

An intentional, unauthorized physical contact or procedure performed without the patient's valid consent.

How does battery differ from negligence?

Battery involves intentional unauthorized contact, whereas negligence involves a failure to provide the expected level of reasonable care.

Informed Consent

A voluntary decision made by a patient after receiving sufficient information about a proposed procedure, including relevant risks, benefits, and alternatives.

What makes consent "informed"?

The patient has enough understandable information to make a voluntary and knowledgeable decision about care.

Patient Care Partnership

A framework emphasizing patients' rights, communication, involvement in healthcare decisions, and participation in their care.

Joint Commission

A healthcare accreditation organization that evaluates healthcare organizations against established standards for quality and safety.

FDA

A federal agency responsible for regulating areas including drugs, medical devices, food, and other products affecting public health.

OSHA

A federal agency responsible for establishing and enforcing standards intended to protect workers from workplace hazards.

Regulatory Guidelines

Standards, recommendations, and requirements that help guide safe and appropriate healthcare practices and may have legal or professional consequences when applicable.

Risk Management

The process of identifying, evaluating, and reducing risks that could result in patient harm, legal liability, financial loss, or other adverse outcomes.

What is the primary goal of healthcare risk management?

To prevent or reduce patient harm and minimize legal, financial, and operational risks to the healthcare organization.

Why are imaging protocols important from a legal perspective?

Following established protocols helps promote consistent, safe patient care and demonstrates adherence to accepted professional standards.

What can happen when a healthcare professional exceeds their scope of practice?

They may face professional discipline, legal liability, employment consequences, or increased risk of patient harm.

What is one common example of an unintentional tort in sonography?

Accidentally causing patient harm because an appropriate safety procedure, protocol, or standard of care was not followed.

What is one common example of an intentional tort in sonography?

Performing physical contact or a procedure on a patient without appropriate authorization or consent.

Legal Standard of Care

The level and type of care that a reasonably competent healthcare professional would be expected to provide under similar circumstances.

Why should sonographers understand medical law?

Understanding legal responsibilities helps sonographers protect patients, practice within their scope, maintain appropriate documentation, obtain proper consent, and reduce professional liability.

Substantive Law vs. Procedural Law

Substantive law establishes legal rights, duties, and responsibilities; procedural law explains how those rights are enforced and how legal proceedings are conducted.

Respondeat Superior vs. Res Ipsa Loquitur

Respondeat superior concerns an employer's potential responsibility for an employee's actions; res ipsa loquitur allows negligence to potentially be inferred from the circumstances of an event.

Negligence vs. Battery

Negligence involves failing to provide the expected level of reasonable care; battery involves intentional, unauthorized physical contact or a procedure performed without valid consent.