Legal liabilities in Radiologic Technology (Topic 5)

Topic 5

Negligence

is the most common and well-known tort

Negligence

happens when a healthcare professional causes harm to a patient unknowingly, either through simple ignorance or failing to take action where it is needed

Negligence

can be defined as an expected standard of care, breach or a failure to fulfill an expected standard of care

Negligence suits

fall into the genre of claims based on tort, called quasi-delicts

Quasi-delict

a French legal term used in civil jurisdictions. It refers to a negligent act or omission which causes harm or damage to the person or property of another, and thus exposes a person to civil liability, as if the act or omission was the intention

A tort

a wrongful act or infringement of a right (not created by contract) leading to civil liability. It is also considered a personal injury law

A private injury

a tort, and the injured party may claim reparation for the damage incurred

Tort Distinguished from Crime

A tort is different from a crime

A crime

is an offense against the state

A civil action for a tort

is an offense against an individual. The purpose is to compensate for the damage the injured party has suffered

Respondeat Superior

A Latin phrase which means "let the master answer," requiring that the employer will pay the injured party committed by its employees

Respondeat Superior

Let the master answer/the master speaks for the servant

Res Ipsa Loquitur

means "the thing speaks for itself". This means that no further explanations are needed because the evidence speaks for itself

Doctrine of Apparent Authority

also known as the Holding-out Theory, the doctrine of Ostensible Agency, or the doctrine of Agency Estoppel

Malpractice

refers to negligence or misconduct by a professional such as a lawyer, accountant, or healthcare professionals

Medical malpractice

negligence committed among healthcare professionals. It is also called medical negligence

Intentional Torts

wrongful acts done on purpose

Elements of Intentional Torts

1. There is an intention to cause injury; 2. There is an injury sustained from the wrongful act

False imprisonment

the illegal restriction of an individual's freedom. It is the intentional confinement without authorization by a person who physically constricts another using force, the threat of force or confining structures and or clothing, even without force or malicious intent to detain another without consent in a specified area constitutes grounds or a charge of a false person from harming self or others

Assault

to threaten harm

Battery

to carry out a threat. It would be an appropriate proceeding when actual bodily harm has been inflicted on a patient as a result of intentional physical contact between the radiologic technologist and the patient

Defamation

A radiologic technologist who discloses confidential information to unauthorized individuals which resulted in the patient's humiliation, ridicule, or loss of job

Oral defamation

spoken defamation, also called slander

Written defamation

called libel

Negligent tort

means a tort committed by failure to acts as a prudent person to someone to whom he owes a duty, as required by their profession

Negligent torts

are not deliberate actions, but instead when individual fails to act as a reasonable person to someone to whom he owes a duty

Duty (Element of Negligent Torts)

refers to the standard of behavior that imposes on one’s conduct. It requires proof of a professional relationship between the radiologic technologist and the patient

Breach of Duty

occurs when the radiologic technologist fails to comply with or improperly performs his duties under legal and professional standards

A "restraint"

defined as any physical or chemical means or device that restricts patient freedom and ability to move

Chemical restraints

are any form of psychoactive medication used not to treat illness, but to intentionally inhibit a particular behavior or movement

Physical restraints

restrict the patient’s movement through the application of a device

Ignorantia Legis Non Excusat

Ignorance of the law excuses no one (Article 3 of the Civil Code of the Philippines)

Ignorantia Facti Excusat

Ignorance of a fact is an excuse

Dura Lex Sed Lex

The law is harsh but it is the law

Nullum Crimen, Nulla Poena Sine Lege

No penalty without a law. This means a person cannot be prosecuted for a certain act if there is no law punishing i