Medical/Legal Issues & Professional Ethics

Importance of Professional Ethics

• Ethics: Systematic study of rightness and wrongness of human conduct and character as understood by natural reason.
• Professional Ethics: Guidelines governing ethical conduct within a profession, aimed at ensuring integrity and accountability.

Key Definitions

• Ethics: Study of right and wrong in human behavior.
• Morals: Accepted customs and principles for right living within a society.
• Values: Ideals and customs held dearly by members of a society.

Professional Ethics

• Internal Controls: Framework of moral principles within a profession that go beyond legal compliance.
• Conflicting Values: Professionals may face dilemmas where personal beliefs conflict with patient care, requiring careful ethical judgment.

ARRT Code of Ethics

• A guide for Radiologic Technologists (RTs) and candidates to assess their professional conduct. Comprised of 10 principles:

1. Act in a professional manner and support colleagues.
2. Provide services with respect for humanity.
3. Ensure nondiscriminatory patient care.
4. Use equipment appropriately.
5. Prioritize patient’s best interests.
6. Gather necessary information for physician.
7. Follow accepted practices to minimize radiation exposure.
8. Maintain ethical behavior.
9. Respect patient confidentiality.
10. Pursue continuous education for skill improvement.

Ethical Dilemma

• Defined as a situation where a choice must be made between two or more competing moral principles.
• Example: After a radiologic procedure reveals potential issues with a patient, one may question the attending doctor's assessment, leading to a challenge on how to proceed ethically.

Ethical Theories

• Consequentialism: Evaluates the morality of an action based on its outcomes.
• Nonconsequentialism: Assesses the morality of actions themselves, asking if the act itself is good, independent of the consequences.
• Example: Lying to a patient may be justified if it leads to a better outcome but may contradict principles of honesty.

Moral Principles

• Beneficence: Promote good.
• Nonmaleficence: Avoid causing harm.
• Autonomy: Respect for individual choice and freedom.
• Veracity: Commitment to truthfulness.
• Fidelity: Loyalty to commitments and obligations.
• Justice: Ensure fairness in distribution of benefits and risks.

Medical/Legal Issues

• Technologists and radiologists have distinct but potentially overlapping liabilities.
• Medical negligence arises from a failure to employ the standard of care expected of a prudent professional.

Causes of Legal Action

• Diagnostic imaging contributes to approximately 10% of medical negligence claims.
• Medical Negligence: Failure to provide adequate care.

Landmark Case

• Schloendorf v. Society of New York Hospital: Established patient's right to autonomy in medical decisions. Consent is crucial, and operating without consent can be deemed assault.

Legal Concepts

• Standard of Care: The level of care expected from professionals in similar circumstances.
• Negligence Elements:

1. Duty of care exists.
2. Breach of that duty occurs.
3. Compensable injury results.
4. A causal relation exists between breach and injury.

Types of Torts

• Tort: A civil wrong; can be intentional or unintentional.
• Assault, Battery, False Imprisonment, Defamation: Types of torts affecting patient rights.

Patient Rights & Responsibilities

• Patients have the right to be informed, participate in decisions, and communicate openly.
• Responsibilities include providing accurate medical history and asking questions.

Legal Doctrines

• Res Ipsa Loquitur: The principle that the occurrence of an accident implies negligence by the party in control.
• Respondeat Superior: Employers can be liable for the actions of their employees in certain circumstances.

Corporate Liability

• Healthcare organizations are responsible for ensuring the quality of care and addressing any subpar practices.

Documentation Importance

• Proper documentation is crucial in legal contexts to demonstrate adherence to standards of practice.

HIPAA Regulations

• Protects patient confidentiality; inappropriate disclosure can lead to misunderstandings or legal repercussions.

Case Study

• Patient rights in life-and-death situations, such as refusal of blood products based on religious beliefs, highlight ethical challenges faced by healthcare providers and institutions.