Medical-legal aspects of sonography
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67 terms
Terms | Definitions |
|---|---|
protect people, correct injustice, and compensate for injury | The goal of the medical law is to care for patients. It must: |
True | 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. |
The constitution | Form of law that is basic rules and guidelines. It defines individual rights. |
Statutory law | 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. |
Administrative law | Made by administrative agencies appointed by the President or Governor. Acts of legislature, federal Occupation Safety and Health Administration (OSHA). |
common law | court-made law mostly based on custom and usage |
common law | Most malpractice laws are? |
entitlements | 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. |
tort | intentional or unintentional wrongful acts resulting in injury to person or property or reputation |
intentional | Is assult an intentional or nonintentional tort? |
assult | Inflicting/threatening physical injury through force or violence; producing fear |
battery | unlawful touching of another with/without injury without the person's consent |
informed consent | The right to consent or refusal of an action is called: |
True | 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 | 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. |
False | 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 |
false imprisonment | 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 |
intentional | Is defamation intentional or unintentional? |
defamation | communication that holds a person up to contempt, hatred, ridicule, scorn, or lowers the person's reputation |
slander | spoken defamation |
libel | written defamation |
True | When defamation occurs, avoid communication with pt. or staff. Go directly to supervisor. |
negligence | deviation from accepted standard of care. Established through the issues of duty, breach, cause, & injury. failure to perform. |
unintentional | Is negligence intentional or unintentional? |
duty | obligations to provide standard of care |
breach | failure to meet the standard of care and pt. injury results; failure to produce a scan with adequate diagnostic information |
medical malpractice | negligence of a specially trained/educated person in performance of duties resulting in injury, loss or damage |
medical malpractice | damage caused by breach of duty that a specially trained//educated person is expected to perform |
negligence | 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. |
liability doctrine | let the master answer |
liability | legal responsibility for actions |
Master-servant doctrine | 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) |
master-servant doctrine | 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 |
professional misconduct | unreasonable lack of skill, illegal conduct |
True | 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. |
malpractice insurance | available through private insurance companies/professional organizations |
true | True or false. Lawyers may target employees with malpractice insurance. |
more coverage | occurance policy verses a claims-made policy |
True | 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 |
quality control | risk management program that works with equipment |
arbitration panels | screen for nusiance claims and dismiss them to decrease the number of malpractice cases in court |
subpoena | court document requiring witness to appear/testify/produce documents |
desposition | oath to tell the entire truth and to answer any questions asked to the best of your ability |
expert witnesses | give explanations and opinions about highly technical skills |
True | 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 | 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. |
accountability | 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 |
cause | a reason, motice, or grounds for bringing a legal action to be resolved by a court of law |
duty | related to the standard of care |
laws | rules of conduct enforced by a controlling authority |
liability | leagal responsibility for one's actions |
negligence | The omission or comission of an act or action that a reasonably prudent sonographer would not have omitted or committed. |
rights | 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. |
statutory law | laws established and enforced by federal or state legislatures in response to perceived needs for social regulation |
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