1 ethics-law part 1 © law and the radiographer presented by martina harris university of phoenix
Post on 23-Dec-2015
215 Views
Preview:
TRANSCRIPT
2
ETHICS-LAW PART 1Objectives
Define Private and Public Law Identify and discuss types of Intentional
Torts Define Medical Malpractice Explain the elements of Malpractice Explain the Radiographers
responsibilities
3
LAW DEFINED(IN IT’S SIMPLEST AND BROADEST SENSE)
A SYSTEM OF PRINCIPLES AND RULES DEVISED BY ORGANIZED SOCIETY FOR THE PURPOSE OF CONTROLLING HUMAN CONDUCT
5
LAW
PUBLIC LAW is the body of law which concerns the government and its relations with individuals and business organizations.
6
LAW
PRIVATE LAW is the body of law which refers to the rules and principles which define and regulate rights and duties between or among persons and private business.
7
LAW
PUBLIC LAW OR PRIVATE LAW
Which do you think is the body of law which the physicians and Radiologic Technologists would be involved in?
9
TORT LAW
Black’s law dictionary defines a Tort as a private or civil wrong
or injury from which a court will provide a remedy in the form of an action for damages.
10
TORT LAW
The Remedy –
is the law of compensation for accidents that involves damage to
a person or property
12
INTENTIONAL TORTS
ASSAULT – The THREAT of touching in an injurious way
BATTERY – Consists of an unlawful touching of a person without
consent
14
INTENTIONAL TORTS
Libel and Slander both mean the malicious spreading of information that results in Defamation of Character or Loss of Reputation:
LIBEL = Written information
SLANDER = Verbal information
16
INTENTIONAL TORTS continued
FALSE IMPRISONMENT – Unjustifiable
detention of a person against his/her will.
INVASION OF PRIVACY (IOP) according to legal-dictionary.com –
IOP is “the intrusion of the personal life of another, without just cause.”
17
Give an example of a type of Intentional Tort in a medical setting
Assault –Battery –Libel –Slander –False Imprisonment
–Invasion of Privacy –
19
Answer to Questions - Torts
Example of each intentional tort could be:
Assault: Frightening a patient, by coming at them with a needle when unexpected.
Battery: Injecting the patient using the needle without consent
20
Answers continued
Libel: Be careful what one writes in the medical record chart.
Slander: Using words like FLK (funny looking kid) can be used in a slander case.
21
Answers continued
False Imprisonment: Cannot restrain a patient without physician orders.
Invasion of Property: Cannot give out information on the patient without patient consent (including to spouse).
23
UNINTENTIONAL TORT
Unintentional Torts are acts not intended to do harm but still result in damage to person or property.
Negligence and Malpractice are usually unintentional torts
25
NEGLIGENCE - General
Defined:
Negligence occurs when a person commits a wrongful act because of failure to do, what a reasonably prudent person would do in the same circumstances.
26
PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)
Defined
Neglect or Omission of reasonable care
or caution in a relationship between a professional person and a patient/client.
The professional has a duty to provide reasonable care.
27
What are Examples of Common Medical Malpractice Cases?
Surgical Errors Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur.
General failure to diagnose
Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.
Experimentation Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.
General Improper Procedure
Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.
http://www.medicalmalpracticefyi.com/medical_malpractice_cases.html
28
PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)
In the medical field reasonable care is also recognized as the
“Standard of Care”
29
Malpractice
STANDARD OF CAREThe duty/standard of due care requires all persons to conduct themselves as any average
reasonable person would do in similar circumstances.
30
STANDARD OF CARE
In Malpractice cases, the standard of care is:
“A physician is bound to bestow such reasonable and ordinary care, skill and diligence as physicians and surgeons in good standing in the same neighborhood, in the same general lie of practice, ordinarily have and exercise in like cases”.
31
STANDARD OF CARE and the RADIOGRAPHER
As a result, what does this mean to the Radiographer?
Within a Scope of Practice we will be judged on how we perform within the city/area we live. Are we performing the correct procedures on the patient? Are we following correct protocols? Does it conform to the standards of the profession?
32
A Radiographer or any medical professional can be found negligent in a court of law, if the civil proceedings establish the following four (4) elements:
STANDARD OF CARE/Radiographer
33
STANDARD OF CARE/Radiographer and NEGLIGENCE
1. DUTY expected of a Radiographer It must be proved that the radiographer involved has a duty to
the patient. Professional and patient relationship is established
2. BREACH of careIt must be ascertained that the provider has breached the duty owed the patient. Failed to provide the patient with standard
of care sanctioned by our profession
34
STANDARD OF CARE/Radiographer and NEGLIGENCE
3. CAUSATION – Cause of Injury is by the radiographers negligence
4. DAMAGE Injury to patient actually occurred.
Example: All radiographic images are included & must be diagnostic
There must be good record keeping and the department protocol
has been followed.
35
STANDARD OF CARE and Negligence
Basically,
A patient must be injured to receive compensation.
A personal injury or tort will usually not be successful in established liability if there are no damages. But,...
36
…A duty to protect another is proportional to
the risk or hazard of a particular activity.
STANDARD OF CARE and Negligence
37
A person is negligent when, without intending any harm or wrong, (s)he does such an act or fails to take necessary precautions so that another person is exposed to unreasonable risk or harm
Example: Leaving side rails down on a stretcher
STANDARD OF CARE and Negligence
38
List the four (4) elements which must be in place for a successful malpractice case?
STANDARD OF CARE and Negligence
40
RADIOGRAPHER
In Summary
THE RESPONSIBILITY OF THE RADIOGRAPHER IS TO BE
A RADIOGRAPHER OF SAFE CARE
41
SAFE CARE - Responsibility
As a Health Care Professional it is, also, the RESPONSIBILITY of the Radiographer to be sure that the study, in question, is appropriate.
Examples:
42
Examples
When it is unclear which extremity needs to be radiographed
When the order is non-specific Removing a cervical collar, when the spine
has not been clear Appropriate patient position, when the
patient cannot tolerate the study ordered Erect versus Recumbent
When the order is incorrect
43
YOU
Your JudgmentJudgment is the most important tool you have when dealing with and assessing patients. Use this judgment wisely. Whenever you are in doubt, contact your supervisor, protocol or the radiologist &/or physician
44
References
Einstein Law, Inc. Trust your case to a Qualified Malpractice Attorney. Retrieved February 12, 2006 from website http://www.medicalmalpracticefyi.com/medical_malpractice_cases.html
Hall, J.K (2002) Law and Ethics for Clinicians. Jackhal Books, Amarillo, TX
45
References
Towsley-Cook, D.A. & Young, T.A. (1999) Ethical and Legal Issues for Imaging Professionals. Mosby, Inc. St. Louis, MI.
Wilson, B.G. (1997) Ethics and Basic Law for Medical Imaging Professionals. F.A. Davis Company Philadelphia, PA.
top related