Legal Concepts 2

Law

Definition: Legal requirements for behavior.

Two Categories of Law

Criminal law and Civil law

Criminal Law

Offenses against the state or society

Felony

Serious crime, punishable by imprisonment

Misdemeanor

Lesser crime, punishable by fine or short jail sentence

Civil Law

Offenses committed against the rights of a party

Tort

A civil wrong committed by one party against the person or property of another

Plaintiff

The injured party bringing the civil suit

Defendant

The person accused of causing the injury

Intentional Tort

A civil wrong committed intentionally by one party against another

Assault

Threatening to do bodily harm to a person

Battery

Causing physical or emotional harm by touching someone without consent

False Imprisonment

Holding someone against their will without legal or medical cause

Invasion of Privacy

Accessing information, belongings, or images of another without consent

Defamation

Harming someone’s reputation for personal gain or to cause injury

Libel

Written defamation (false/unfounded statements in writing)

Slander

Spoken defamation (false/unfounded verbal statements)

Negligent Tort

Unintentional misconduct, such as malpractice

Malpractice

Negligence when there is an actual or implied contract between patient and provider

Res Ipsa Loquitur

"The thing speaks for itself" – negligence is assumed when care is far below standards

Doctrine of the Reasonably Prudent Man

Expectation to act as a reasonable, equally trained professional would

Example of Reasonably Prudent Man

Nurses should know how and when to activate CPR

Respondent Superior

Employer is responsible for employee’s actions

Vicarious Liability

One agency is responsible for another’s actions

Borrowed Servant

Physician is liable for hospital employees acting under their orders

Rule of Personal Responsibility

Employees are responsible for their own actions

Malpractice Claim Condition 1

Defendant had a duty to the plaintiff

Malpractice Claim Condition 2

Plaintiff was injured (loss)

Malpractice Claim Condition 3

Defendant was responsible for the injury

Malpractice Claim Condition 4

Injury was due to improper practice or negligence

Most Common Litigation in Radiology

Patient falls, errors in administering contrast media, misdiagnosis