protect people, correct injustice, and compensate for injury
The goal of the medical law is to care for patients. It must:
True or false. A sonographer's actions are judged by universely accepted standards of what a prudent and reasonable sonographer with similar education and training whould do in a similar situation.
The constitution, statutory law, administrative law, and common law
Name the four basic forms of law.
Form of law that is basic rules and guidelines. It defines individual rights.
Enacted and enforced by federal and state legislators to help maintain the governmental right to uphold social order and protect the rights of individuals, regulation established by governmental agencies.
Made by administrative agencies appointed by the President or Governor. Acts of legislature, federal Occupation Safety and Health Administration (OSHA).
court-made law mostly based on custom and usage
Most malpractice laws are?
One deserves them according to just claims, leagal guarantees, or moral principles?
freedom of choice, legal rights, and moral rights
Name three categories of entitlement.
intentional or unintentional wrongful acts resulting in injury to person or property or reputation
Is assult an intentional or nonintentional tort?
Inflicting/threatening physical injury through force or violence; producing fear
unlawful touching of another with/without injury without the person's consent
The right to consent or refusal of an action is called:
True or false. There are three types of consent. Written, verbal, or implied (used when the patient is unconcious assuming they want what is best for their health).
Written, verbal, or implied
Name the three types of consent.
True or false. Informed consent is valid only if the patient is of legal age, is mentally conpetent, gives consent voluntairly, and is adequately informed about the medical care being recommended.
True or false. A patient can revoke a consent, but if the procedure is already started, the patient must stick with it.
Health Insurance Portability and Accountability Act
What does HIPAA stand for?
invasion of privacy
wrongful intrusion into a person's private life, including publication of private facts
the illegal detention of a person without consent; use of restraints without a physician's order, verbal threats, or if patient refuses exam protect self with documentation
Is defamation intentional or unintentional?
communication that holds a person up to contempt, hatred, ridicule, scorn, or lowers the person's reputation
When defamation occurs, avoid communication with pt. or staff. Go directly to supervisor.
deviation from accepted standard of care. Established through the issues of duty, breach, cause, & injury. failure to perform.
Is negligence intentional or unintentional?
obligations to provide standard of care
failure to meet the standard of care and pt. injury results; failure to produce a scan with adequate diagnostic information
negligence of a specially trained/educated person in performance of duties resulting in injury, loss or damage
damage caused by breach of duty that a specially trained//educated person is expected to perform
These four doctrines are docterines of what: liability/master-servant doctrine; borrowed servant and captain of the ship doctrine; ostensible agency doctrine; and res ipse loquitur.
let the master answer
legal responsibility for actions
Employer and employee responsible for employee's actions.
borrowed servant and captain of the ship doctrine
sonographer employed by hospital as temp. servant/agent of physician. Physician is supervising sonographer. Physician & sonographer liable for sonographer's negligence.
no; the physician
Is the hospital responsible in a borrowed servant and captain of the ship doctrine? Who is responsible?
ostensible agency doctrine
hospital held responsible for negligence of nonemployee (contractor)
Respondeat superior refers to
res ipsa loquitur doctrine
let the thing speak for itselt
res ipsa loquitur doctrine
defendants are required to speak for themselves
unreasonable lack of skill, illegal conduct
True or false. Some requirements in a sonographer's scope of practice are: perform pt. assessments, aquire and analyze data, provide summary, make independant judgements.
available through private insurance companies/professional organizations
True or false. Lawyers may target employees with malpractice insurance.
occurance policy verses a claims-made policy
True or false. Ignorance is not a legal defense; if you have not prepared for a procedure, do not do it.
risk management program
Quality control is what type of program?
risk management program
Type of program to identify, evaluate, and treat risks
risk management program that works with equipment
screen for nusiance claims and dismiss them to decrease the number of malpractice cases in court
court document requiring witness to appear/testify/produce documents
oath to tell the entire truth and to answer any questions asked to the best of your ability
give explanations and opinions about highly technical skills
True or false. It is permissible to say, "I do not remember". Be brief and direct only providing information to the question asked and not introducting additional information.
True or false. Safe and sound sonography goals are to practice in a safe, ethical, and competent manner. Explain the procedure and what you expect of the patient. Avoid causing injury to the pt. Question any abnormal instructions. maintain accurate records/documents. Do not perform procedures you were not taught. Do not fail to meet the standard of care. Do not contribute to injury.
being required to answer for one's actions
breach of duty
breaking a promise or a pledge to perform an obligation under a precedent either by commission of by omission
a reason, motice, or grounds for bringing a legal action to be resolved by a court of law
related to the standard of care
rules of conduct enforced by a controlling authority
leagal responsibility for one's actions
The omission or comission of an act or action that a reasonably prudent sonographer would not have omitted or committed.
elements that one deserves according to just claims, leagal guarentees, or moral principles. There are three categories of rights: freedom of choice, legal rights, and moral rights.
laws established and enforced by federal or state legislatures in response to perceived needs for social regulation