Chapter 11

what is a tort?

• violation of civil law

• personal injury law

• allows compensation when one person harms another

• classified as “intentional misconduct” or “unintentional (negligence) misconduct”

intentional misconduct

• civil assault

  • ex: patient is reasonably fearful of being injured

• civil battery

  • ex: causing physical harm to a patient

• invasion of privacy

• false imprisonment

  • ex: tying a patient up

• defamation of character: spreading rumors

  • libel(written)

  • slander(spoken)

unintentional misconduct (negligence)

• duty of care or (standard of care) was owed by the radiologic technologist to the patient

  • ex: breaching the standard of care would be if a radiologic technologist x-rayed the right leg instead of the left as instructed by the physician

• a breach (violation) of the standard of care

  • ex: sending radiographs that are not clear and have poor quality to the physician to diagnose

• the cause of injury was the radiologic technologist’s negligence

  • leaving the room while the patient is on the exam table knowing that the patient is at risk for fall

• the injury to the patient actually occurred

  • damages such as injuries have to occur to receive compensation

what are the rules for patient consent?

consent can be withdrawn at any time before or during the exam

consent can be written, oral or implied and to be valid the following must be met:

• patient must be of legal age and mentally competent

• the patient must offer consent voluntarily

• the patient must be adequately informed about the medical care procedure

respondeat superior

• is a latin phrase which means “let the master answer”

• requires that an employer pay the victim for torts committed by its employees

res ipsa loquitur

• latin phrase which means “the thing speaks for itself”

• defendant is required to prove innocence because the injury speaks for itself

how can you keep yourself from a tort

• professionally apply your knowledge and training in radiologic technology

• provide exemplary patient care

• thoroughly explain procedures to your patients

• work with extreme care

• question any abnormal instructions