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An act which causes a person to fear being touched without his consent
- The actual touching (which does not have to be violent) of a person without his consent.
- Patient can sue for battery if they are given medical treatment without their consent; except in an emergency with the HCP is covered by the Good Samaritan Act.
Define Borrowed Servant Rule
- Lecture: the HCP is responsible for their own actions and competency.
- Legal terms: An exception to the doctrine of respondeat superior in which past practice has made the physician responsible for the negligent acts of hospital employees he is directly supervising in a medical procedure such as surgery. Present practice leaves this "rule" in doubt.
Define Civil Law
- The body of law which prohibits conduct harmful to individuals.
- Liability of the act requires only 51% of the evidence goes against the accused for a guilty verdict. Consists of a defendant and plaintiff.
- Prosecution is done between two lawyers, each hired by the respective parties involved in the case
Define Civil Liability
Means that a person can be sued in a civil case
An agreement for medical treatment
Define Informed Consent
Consent obtained by a physician when he is proposing complex procedures. The physician must disclose the available alternative forms of medical treatment and the risks involved in each.
Define Implied Consent
Patient presents themselves for medical treatment- as known as Voluntary submission
Define Expressed Consent
patient gives either written or verbal OK for treatment
An agreement enforceable in court
Define Criminal Law
- Body of law that prohibits conduct harmful to society.
- Conviction requires proof beyond a reasonable- 80-90% of the evidence must prove defendant guilty.
- Penalty can be a fine, imprisonment or both.
- Prosecution is done by District Attorney or similar type legal person- State of California (The People) vs John Jane Doe
Define Criminal Liability
Means that a person can be prosecuted for violation of a criminal law.
Money paid or ordered to be paid to compensate a person for harm done to him.
- Legal terms: The person against whom legal action is brought.
- Lecture: Party being sued in civil case
An oral interrogation on a witness who is under oath. A deposition is recorded for use during a trial.
Examiners to place a radiologic technologist on probation or to suspend or revoke their license. A radiologic technologist may be disciplined by his/her board for gross negligence
An unforeseen occurence or combination of circumstances, pressing necessity, or exigency, such as traffic accident, fire, or flood, which calls for immediate action or remedy.
Define Good Samaritan Act
- Rad Techs are not liable for damages patients suffer when:
- 1. They render care at the scene of an emergency
- 2. The care is rendered outside the place and course of their employment
- 3. They are not grossly negligent
A person under the age of 18
Define Natural Death Act
Establishes a legal procedure whereby adults suffering a terminal condition may direct physicians in writing to withhold or withdraw life-sustaining procedures.
- Lecture: failure to do the right thing. Must first define what is the "right thing" or the Standard of Care
- Legal terms: the failure of a Rad Tech to act as the average Rad Tech in the same area of radiologic technology would act in the same situation. A Rad Tech may not lose his/her license for negligence but he/she may be sued in a civil case for negligence.
Define Gross Negligence
Legal: The exercise of so slight a degree of care as to justify the belief that a person is indifferent to the interests and welfare of others
Define Negligence Per Se
The doctrine under which a person who violates a statute or a regulation is automatically presumed to be negligent.
The person who sues someone else
A law adopted by state regulatory agencies to make a statute more specific and workable
Define Respondeat Superior
- Lecture: The HCP is expected to perform their responsibilities with reasonable care in compliance with physician's orders, however, orders can be questioned.
- Legal terms: The doctine which translates into "let the master answer" under which the employer is liable for the negligent acts of an employee when those acts are committed within the course of the person's employment.
Define Standard (or Duty) of Care
A rad tech's responsibility to act as the average rad tech in the same area of radiologic technology would act in that same situation.
A law passed by the State Legislature or by the United States Congress to deal with a certain problem.
What are the 2 types of law?
- Legal term meaning a civil wrong.
- The wrong may be malicious and intentional or the result of negligence and a disregard for the rights of others.
What are the 3 major catagories for Tort?
- Intentional interference
- Strict Liability
Name 5 intentional interferences
- Interference with peace of mind
- False imprisonment
- Invasion of privacy
What is interference with peace of mind?
The infliction of mental or emotional anguish
What is false imprisonment?
To detain or physically restrain the movement of another
Give an example of invasion of privacy?
A patient can sue under this statute. Example: if unauthorized persons observe an exam without the patient's consent or if a medical confidence is revealed.
What is strict liability?
Occurs when a hazard exists and a patient is injured due specifically to that hazard. Example: pool of barium on the floor, patient slips and falls and fractures their hip
What are the 4 elements to prove negligence?
- Duty to provide care
- a. the standard of care must be defined- community standards/expectations are important
- b. ASRT Practice Standards help define for radiographers
- Breach of care
- Patient is injured
- Patient's injury must be due to breach of care (cause-effect relationship)
Negligence is difficult to prove if:
- Patient contributed to their own injury- didn't follow physician's orders
- Patient assumes or recognizes the risk and gives their consent to treatment
Valid informed consent must include:
- Alternative forms of treatment that could possibly be given
- Discussion of risks vs benefits of each treatment including the one to be given
- The patient must fully understand what he/she is consenting to
- Patient signs the consent form
- Patient's signature is witnessed
- a. Students should not witness consent forms since we are not "legal agents" for the hospital/outpatient center
- Failure to obtain a patient's informed consent will result in grounds for battery and the liability will extend to all who participated in the non-consented procedure
Who can legally give their consent?
- Mentally competent adults (MCA) 18 years and older
- Emancipated minor (EM) 15 years and older
- Married minor (MM)
- Minor on active duty in Armed Services
- Minor suffering contagious disease- consent good only for that specific disease
- Minor rape victim 12 years and older- only for treatment related to the rape
- Minor with drug or alcohol related problems
- Minor student who are injured during regular school hours and parent or guardian can not be contacted- be very careful with "giving treatment"
Who can not legally give their consent?
- Spouse of a mentally competent adult
- Mentally incompetent adult
- Minor under 18 years of age- consent must be given by parent, legal guardian or person having legal custody
What is Res ipsa loquitur?
- "The thing speaks for itself"
- Legal doctrine used in establishing negligence when it's impossible to prove how the patient was injured
What are other legal concepts which can affect the HCP?
- Respondeat superior
- Borrowed servant rule
- Res ipsa loquitur
What are the 3 types of consent?
Malpractice lawsuits and Radiology are divided into 6 categories: (Article: Medical Malpractice)
- Radiology oncology
- Failure to order a radiologic examination
- Missed diagnoses
The best way to do the right thing is know what "the right thing" is in the first place. This describes what? (Article: Medical Malpractice)
Scope of Practice