RT 205 module 2: Practice of medicine

the practice of medicine

The general definition of the standard of care is the degree of skill, knowledge, and care ordinarily possessed and employed by members in good standing within the profession

Physician-Patient Relationship

• its is created when a patient engages the services of (_________)

• (_________) accepts or agrees to provide care to the patient

• establish of this relationship is consensual

• acceptance by the (_______) essential

TRUE

The Philippines has 13 bill of rights, but in different countries they have 10

Rights and Responsibilities of patients

1. Rights to Appropriate Medical Care and Humane Treatment

2. Right to Informed Consent

3. Right to Privacy and Confidentiality

4. Right to Information

5. Right to Choose Health Care Provider and Facility

6. Right to Self-determination

7. Right to Religious-beliefs

8. Right to Medical Records

9. Right to Leave

10. Right to Have Participation in Medical Research

11. Right to Corresponding and to Receive Visitors

12. Right to Express Grievances

13. Right to be Informed of Rights and Responsibilities as Patients

NEGLIGENCE

It is a failure to use for injuries such care a reasonably prudent person would be use under like or similar circumstances

ELEMENTS OF MEDICAL MALPRACTICE

For a patient to recover damages for injuries sustained because alleged negligence, and has four elements must proved:

• a duty to a patient by health care practitioner

• Breach of this duty by an falling to perform some act

• A compensable injury

• Casual relationship between the injury and breach of duty

• RES ISPA LOQUITUR

• RESPONDEAT SUPERIOR

What are the two legal doctrines applied to medical malpractice?

THE THING SPEAKS FOR ITSELF

RES ISPA LOQUITUR

Example of Res ipsa loquitur

The plaintiff must show how that the action causes the injury was in the executive control of the defendant and that is a type that the executive control of the defendant and that is type that would not have occurred but the negligent activity of the defendant.

THE MASTER SPEAKS FOR ITSELF FOR THE SERVANT

RESPONDEAT SUPERIOR

Example of Respondeat superior

The theory claims that this action is a deep pocket approach to legal recovery based primarily on the fact of physician healthcare facility has more moeny than the individual technologist

CONTRACT

Agreement which creates an obligation

Example of contract

a voluntary, deliberate, and legally binding agreement between two or more competent parties

STATUTORY REQUISISTES OF A CONTRACT

• Consent of the contracting parties

• Object or subject matter of a contract

• cause of obligation which is establish

KINDS OF CONTRACT

1. FORMAL CONTRACT

2. INFORMAL CONTRACT

3. IMPLIED CONTRACT

FORMAL CONTRACT

• One which by some special law is required to in writing

• Is a contract where the parties have signed a under seal

• A seal can be any impression made up upon document by the parties to the contract

INFORMAL CONTRACT

• Law does not necessarily require the same as to be in writing

• Parole Contract

• Distinguishes between the two by calling an informal contract or any contract that is not signed under the seal and its not recorded

IMPLIED CONTRACT

• Concluded as a result of conduct of parties to which the law subscribes as objectives intention to enter a contract

• Distinguished from an express contract

CONDITIONS FOR VALID PATIENT CONSENT

• Patient must be sound mind and legal age

• Patient must give contract freely

• Patient must be adequately informed about the procedure to be done

PROFESSIONAL LIABILITY

TORT

TORT

Legal word, committed against a person or property independent of a contract which renders the person who commits is liable for the damages of civil action, injustice or injury

UNINTENTIONAL TORT

NEGLIGENCE

• THE EXISTING/ EXISTANCE OF DUTY

• BREACH

• INJURY SUSTAINED

• CAUSE

FOUR ESSENTIALS ELEMENTS OF NEGLIGENCE

EFFECTS OF FORCE MAJEURE

• Irresistible or superior force that human prudence can neither foresee nor patient

• Known as fortitious event (act of God) or events brought by nature

• injury or harm

MALPRACTICE

• Any professional misconduct or any unreasonable lack of skill or fidelity in the performance of professional duties

• Objectionable practice or a practice contrary to established rules

INCOMPETENCE

the lack of ability, Legal qualification or fitness to discharge the required duty

MISDEMEANOR

Any offense inferior to a felony, is punishable by indictment or by a particular prescribed proceedings

MEDICAL RECORDS

A policy on informed consent is typically developed by the medical staff and the hospital governing board

INCIDENT REPORTS

Contains information relative to the patient incidences or event occurrences

RADIOGRAPHIC IMAGES AS LEGAL DOCUMENTS

Health records is a legal document is admissible as evidence

RA 10173

DATA PRIVACY ACT OF 2012

CONFIDENTIALITY OF PATIENT MEDICAL RECORDS (WRITTEN AND ELECTRONIC)

RA 10173

• INTENTIONAL TORT

• UNITENTIONAL TORT

2 TYPES OF TORTS

ASSAULT

When a patient believes he or she has been threatened in such way that the person to fear or expect immediate bodily harm exists

BATTERY

If a technologist performs an examination or touches a patient without patients permission

FALSE IMPRISONMENT

Its a common claim for (____________) arises when a person is restrained or believes he or she is being restrained his or her will, the individual must be aware or the confinement and have no reasonable means of escape

DEFAMATION

If the information was disseminated in such way that the patient such loss of business, job, or home, then an action for (__________) might be brought against the individual against responsible for the breach of patient confidence

• SLANDER

• LIBEL

2 TYPES OF DEFAMATION

LIBEL

WHICH INVOLVES WIRITTEN OR PUBLISHED COMMENTS OR PICTURES

SLANDER

WHICH INVOLVES THE SPOKEN WORD

FRAUD

Its defined as a willful and intentional misinterpretation of facts that may cause harm to an individual or result in loss of an individual right or property

MISCELLANEOUS LEGAL AND ETHICAL CONCERNS

1. Request for radiological examination

2. Patient’s consent

3. Loan of film

4. Ownership and care of equipment legislative

5. Applying new techniques - legislative

6. Visitors in the radiologic department - institutional

INSTITUTIONAL

VISITORS IN THE RADIOLOGIC DEPARTMENT

LEGISLATIVE

• OWNERSHIP AND CARE OF EQUIPMENT

• APPLYING NEW TECHNIQUES

LEGISLATIVE OR INSTITUTIONAL

LOAN OF FILM

PATIENTS RIGHTS AND BIOETHICAL PRINCIPLE

PATIENT’S CONSENT

REQUEST FOR RADIOLOGICAL EXAMINATION

• NO REQUEST, NO EXAM

• IF IT ISNT WRITTEN DOWN, IT DID NOT HAPPEN

TYPES OF INTETIONAL TORTS

• ASSAULT AND BATTERY

• FALSE IMPRISONAMENT

• INVASION OF PRIVACY

• BREACH OF CONFIDENTIALITY

• DEFAMATION, SLANDER, LIBEL