Health Law and Ethics

Principle of Autonomy

People have the right to make decisions about their lives. No coercion no withholding treatment.

Principle of Beneficence

To "do good". To act in a manner that will benefit others.

Principle of Nonmaleficence

To "do no harm." While on your quest to do good, do no harm to the patient.

Principle of Justice

Treat all patients equally, no matter what their economic, physical, or mental conditions.

Principle of Confidentiality

refers to the concept of privacy; no personal patient information should be shared with anyone uninvolved with the patient's care (ZERO TOLERANCE POLICY)

Principle of Fidelity

The duty to fulfill one's commitments; applies to keeping promises. Never promise results you cannot deliver.

Principle of Paternalism

the approach that prompts healthcare workers to make decisions about the care of a patient without the patient's direct input with their best interest in mind without doing harm

Principle of the Sanctity of Life

one cannot make life or death decisions for patients based on personal values

Principle of Veracity

refers to the honesty in all aspects of ones life

Principle of Respect of Property

Refers to keeping the patients' belongings safe and taking

care to not damage it.

Rights-Based Ethics

right to liberty and engagement in all behaviors as long as it doesn't harm others.

Principle-Based Ethics

Beneficence, Nonmaleficence, Autonomy, Informed COnsent, Justice

Professional Ethics

Virtue-based ethics, ASRT practice standards, ARRT standards of ethics (ethics board)

AHA Patient Bill of Rights

(should be given in patients language). High quality hospital care, a clean and safe environment, involvement in your care, protection of your privacy, help when leaving the hospital, help with your billing claims.

If you see something, say something

potential child abuse, potential sexual abuse, possible human trafficking, medical maltreatment, co-worker substance abuse, possible violence

Child Abuse

SNAT/NAT, child will be brough back for suspected non-accidental trauma, will do about 20 images looking for fractures/healed fractures

Patient Confidentiality and Privacy

Only need to know what's needed for procedure don't dig through charts or ask unnecessary questions. Do not look up yourself or family. Don't tell family if you see family, no photos or posts of day.

Torts (Harm)

Intentional Torts: assault, battery, false imprisonment, defamation, invasion of privacy. Unintentional Torts: negligence

Doctrines

personal responsibility (a person is held liable for their own actions), respondeat superior (let the master answer), res ipsa loquitor (the thing speaks for itself)

Assault

threat or attempt to injure (do not joke about harming patient)

Battery

unlawful touching of another person without consent (includes x-raying wrong person)

False Imprisonment

Restrain, trapped, or unable to leave without proper authority to restrain, or without authorization, privilege, or consent

Immobilization

Assistive device to help decrease patient motion for an exam (have to be able to break free EASILY)

Defamation

Libel: written defamation,

Slander: spoken defamation

Invasion of Privacy

Records, Modesty, HIPAA

Negligence

(ALL four have to be proven) Duty, Breach of Duty, Causation, Damage

Duty

Responsibility owed to the patient by the health care practitioner (standard of care)

Breach of Duty

An act that breaches duty or fails to perform all/part of duty/responsibility owed.

Causation

Direct link between breach of duty and injury

Damage

injury as result of the breach of duty

Medical Errors

Root cause analysis, blameless reporting

Implied Consent

When you aren't doing anything invasive/percutaneous. Patient cooperates or doesn't do anything to stop you

Informed Consent Requirement

informed consent is mandatory for any invasive procedure, contrast, or percutaneous, etc.

Information to Be Provided to Patient in Informed Consent

Purpose of the procedure (diagnosis or treatment), Description of the procedure, Risks and benefits of the procedures

Communication Standards for Informed Consent

information must be in layperson's terms, must be in patients primary language, hospitals are required to provide interpreters when needed.

Informed Consent: Consent Form Components

Authorization (permits the procedure), Disclosure (explains procedure, risks, benefits, and alternatives), Patient Understanding (confirms the patient comprehension by having the patient explain the procedure back to you and opportunity to ask questions), Signature (includes patient and witness signatures)

Informed Consent: Respect for Patient Autonomy

have right to revoke consent at any time, procedures must be stopped safely with revoked consent, patient cannot be coerced or give consent when on any sedatives or impaired.