Medical Law (FINAL EXAM)

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1

Define Laws:

A body of rules, regulations, and guidelines that govern conduct in a society to protect the health, safety, and welfare of it's citizens

2

Schleondorf vs Society of New York Hospital 1914 served what functions:

Protects individual autonomy

Protects the patient’s status as a human being

Avoids fraud and duress

Encourages health practitioners to consider their decisions carefully

Fosters rational decision making by the patient

Involves the public in medicine

3

List three types of Law

Constitutional

Legislative; to include administrative rules, regulations, and ordinances

Case

4

Characteristics of Law

reflects the values of society

exists so that the rights of an individual or group cannot be encroached on by another individual or group

must be equal to all without discrimination

based on what a reasonable and prudent person would do under similar circumstances

all individuals have basic rights and responsibilities

5

Standard of care

the degree of skill (proficiency), knowledge, and care ordinarily possessed and employed by members in good standing within the medical profession

6

Standard of care is addressed in

Federal and state regulations

Job descriptions

Curriculum guidelines

Course goals and objectives

Professional customs and standards of conduct

7

List the causes of legal action

Torts

Assault

Battery

False Imprisonment

Defamation; slander liable

Fraud

8

torts

private or civil wrong

9

A patient's claim that they have been wronged or they have sustained some injury (other than breach of contract)for which they believe cause exists for an action for damages is an example of what cause of legal action

tort

10

A claim that may arise when a patient believes that he/she has been threatened in such a way that reason to fear or to expect immediate bodily harm exists is an example of what cause of legal action

assault

11

True/ False

Battery may occur even if no injury arises from unwarranted patient contact

True

12

Any unlawful touching OR if the patient thinks the technologist has touched him/her in an offensive way is an example of what cause of legal action?

Battery

13

What should a technologist do when positioning patients to avoid the claim of battery?

Get patients permission to touch and use professional palpitation techniques

14

when a person is unlawfully restrained or the patient believes that he/she is being restrained against his or her own will, is aware of the confinement and has no reasonable means of escape is an example of what cause of legal action

false imprisonment

15

What steps should be taken to avoid false imprisonment cause when dealing with senile, pediatric, or other incompetent patients?

obtain consent to restrain or immobilize from someone authorized to give consent

16

slander

defamation involving the spoken word

17

libel

defamation involving written or published comments or pictures

18

The willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individual right or property is an example of

fraud

19

fraudulent cases require what three sources of proof?

an untrue statement, known to be untrue by the party making it, was made so as to mislead

the injured party relied on that statement

damages were incurred as a result of the reliance

20

Healthcare records are the property of the

provider

21

health information in the healthcare record is property of the

patient

22

HIPPA

Health Insurance Portability And Accountability Act of 1996

23

HIPAA was passed to:

improve the efficiency and effectiveness of the health care system.

24

Components of HIPAA that affect health information include:

privacy, security, and the establishment of standards and requirements for the electronic transmission of certain health information

25

Failure to use such care as a reasonably prudent person would use under similar circumstances is and example of

negligence

26

respondeat superior

the master speaks for the servant

27

corporate liability

requires the healthcare provider to be responsible for the quality of care provided

28

res ipsa loquitur

the thing speaks for itself

the patient is not responsible for their injury

example: "I didn't remove the wrong kidney!"

29

Informed Consent

premised on the basis of trust

required for any invasive procedure

assumes provider is acting in the best interests of the patient and consistent with a standard of care

patient has the right to make informed decisions regarding care

not typically required for simple, routine, noninvasive, medical imaging studies

30

informed consent form clause to permit the physician or other health care professional to perform the examination

authorization clause

31

informed consent form clause to explain the procedure, its risks and benefits, and possible alternatives

disclosure clause

32

informed consent clause involving anesthetics

anesthesia clause

33

Informed consent must be provided in what type of language?

lay and patient;s primary language

34

reagrding informed consent:

Patient autonomy must:

always be respected

35

Informed consent form must be signed and witnessed by:

disinterested third party, usually a ward clerk who has no relationship with the patient or procedure

36

informed consent clause regarding therapeutic procedures

No-guarantee

37

clause included on informed consent if removal of tissue may be necessary

tissue-disposal

38

clause included on informed consent stating all the information contained in the consent form has been carefully explained to the patient

patient understanding clause

39

clause included on the informed consent form calling for the signature of the patient as well as that of a witness

signature clause

40

principle of autonomy

the patients autonomy should always be considered when performing diagnostic or therapeutic procedures

41

when are radiologic sciences professionals legally liable for their actions?

in the daily performance of diagnostic procedures and patient management

42

Professionally appropriate behavior is premised on

trust of the patient and willingness to "do no harm and always do good"