Medicolegal Issues for Diagnostic Imaging Professionals  book cover
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4th Edition

Medicolegal Issues for Diagnostic Imaging Professionals



ISBN 9781420086638
Published September 9, 2008 by CRC Press
216 Pages

 
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Book Description

The constant advances in diagnostic imaging have had an impact on the practice, attitudes, and moral values of all who participate in health care. Now in its fourth edition, the original Medicolegal Issues for Radiographers has been updated and retitled, broadening the scope of content to include issues essential to all diagnostic imaging professionals.

Medicolegal Issues for Diagnostic Imaging Professionals, Fourth Edition provides readers with a basic understanding of the important legal definitions, legal doctrines, malpractice and risk management information, ethics and patient rights relevant to the field of diagnostic imaging and the role of the imaging professional. It includes case histories in the form of vignettes that assist readers in applying the principles of law to real work situations. The vignettes can stimulate discussion, raise other related issues, and supply a broadened perspective on the various facets of the questions presented.

New in this Edition:

  • Expanded discussion on evidence
  • More detail on the ramifications of the Civil Rights Act of 1991
  • Updated information on licensure, certification, and credentialing
  • Entirely new discussions on:
  • Morality, ethics, and the law
  • Deontology
  • Beneficence and nonmaleficence
  • Right of autonomy
  • Confidentiality
  • Liability for disclosure of confidential information
  • HIPPA
  • ARRT
  • Euthanasia
  • Humanistic Health Care
  • Teleradiology
  • Twelve years since its initial publication, this medical legal text remains a bestseller. By reviewing the materials in this seminal volume, imaging professionals, radiologists, and radiologic technologists stay abreast of important legal issues and are better able to avoid the scourge of a malpractice suit.

    Table of Contents

    Legal Definitions
    Legal Definitions
    Intentional Torts
    Assault
    Battery
    Assault and Battery
    Answer
    False Imprisonment
    Libel and Slander
    Invasion of Privacy
    Libel, Slander, Invasion of Privacy
    Answer
    Unintentional Misconduct (Negligence)
    Duty (Standard of Care)
    Breach of Care
    Cause
    Injury
    Malpractice
    A State Can Be Liable for False Imprisonment of a Patient
    Review Questions
    Legal Doctrines
    Legal Doctrines
    Doctrine of personal liability
    Personal Liability
    Answer
    Doctrine of Respondeat Superior
    Simpson v Sisters of Charity of Providence in Oregon
    Surgeon and Hospital Liable for Burn from X-Ray Unit
    Doctrine of Borrowed Servant
    Leaving Patient Unattended
    Answer
    Doctrine of Res Ipsa Loquitur
    Ybarra v Spangard
    Res Ipsa Loquitur Instruction Proper in Suit against Surgeon
    Who Cut Bladder
    Hospital Patient Awarded $1290 for X-Ray Injury
    Negligence Found in Patient’s Fall from X-Ray Table
    Answer
    Doctrine of Foreseeability
    Routine Equipment Check
    “The Snitch Law”
    Defective X-Ray Equipment
    Answer
    Review Questions
    Anatomy of a Malpractice Trial
    Anatomy of a Malpractice Trial
    Subpeona
    Subpoena Deuces Tecum — Subpoena of Record
    Trial Procedure
    Jury Function
    Evidence
    Trial Sequence
    Right of Appeal
    Courtroom Protocol
    New Trial for Patient’s Suit against Surgeon
    Answer
    Review Questions
    Hospital Labor Relations
    Hospital Labor Relations
    Employer Contracts
    Staffing
    Answer
    Organized Labor Unions
    Unfair Labor Practices
    Fair Labor Standards Act
    Civil Rights Act of 1991
    Occupational Safety and Health Act (OSHA)
    Equal Employment and Opportunity Act
    Sexual Harassment
    Answer
    X-Ray Technician Should Not Have Been Terminated by
    Hospital for Pregnancy
    State Laws Concerning Labor
    State Fair Employment Practice Act
    Fired Worker Can Sue ‘Understaffed’ Hospital
    Antiinjunction Act (Norris–LaGuardia Act)
    State Workers’ Compensation Statute
    Workers’ Compensation Case
    Answer
    Review Questions
    Risk Management and Liability
    Liability
    Doctrine of Corporate Negligence
    Responsibility of the Professional Staff
    Doctor-Owned Hospital/Clinic Liability
    Good Samaritan Laws
    Hospital Liability and Malpractice
    Injury Reporting and Recording
    Poor Patient Care Causes Back Injury
    Answer
    Improper Communication Situation
    Answer
    Review Questions
    Doctrine of Informed Consent
    The Patient’s Right to Know
    Doctrine of Informed Consent
    Radiologic Procedures Involved in Informed Consent Lawsuits
    Preparation of an Informed Consent
    Verification of Informed Consent
    Legality of Informed Consents
    Rescinding Consent
    Who May Consent?
    Spouse’s Consent
    Minor’s Consent
    Patient Can Sue for Failure to Obtain Informed Consent
    Informed Consent
    Answer
    Informed Consent Situation
    Answer
    Postscripts to Vignettes 13 and 14
    Review Questions
    Ethics
    Ethics
    Distinction between Moral, Ethics, and Law
    Deontology
    Teleology
    Duties
    Principles of Beneficence and Nonmaleficence
    The Right to Autonomy
    Confidentiality
    Liability for Disclosure of Confidential Information
    The HIPAA Privacy rule
    Code of Ethics: American Registry of Radiologic Technologists
    Principle 1
    Principle 2
    Principle 3
    Principle 4
    Principle 5
    Principle 6
    Principle 7
    Principle 8
    Principle 9
    Principle 10
    Rules of Ethics: American Registry of Radiologic Technologists
    Euthanasia
    Humanistic Healthcare
    Comparison between Ethics and Law
    Intoxicated Radiologist
    Answer
    Experimental Radiotherapy
    Answer
    Review Questions
    Patient’s Bill of Rights
    Patient’s Bill of Rights
    Invasion of Privacy Situation
    Answer
    Right of Privacy Situation
    Answer
    Review Questions
    Radiology Service in the Hospital
    The Joint Commission on the Accreditation of Healthcare
    Organizations
    Policies and Procedures
    Requesting Radiologic Services
    Procedures Manual
    Review Patient History
    Answer
    Radiology Reports/Medical Records
    Medicolegal Use of Radiographs
    Ownership of Radiographs
    Policy of Ownership
    Retention of Radiographic Films
    Radiographic Films Used as Evidence
    Marking Films for Identification
    Radiologists Liable for Errors
    Department Policy Situation: Employee Relations
    Answer
    Review Exercises
    Licensure, Certification, and Credentialing
    Credentialing
    Licensure
    Certification
    References
    Answer
    Review Questions
    Medicolegal Concerns for Teleradiology
    Introduction to Teleradiology Advances
    Teleradiology Services Involve Multimedia Communications
    American College of Radiology (ACR) Standard for Teleradiology
    Definition
    Goals
    Qualifications of Personnel
    Equipment Specifications
    Acquisition or Digitization
    Compression
    Transmission
    Display Capabilities
    Archiving and Retrieval
    Security
    Reliability and Redundancy
    Licensing and Credentialing
    Documentation
    Quality Control and Improvement, Safety, Infection Control, and
    Patient Education Concerns
    Legal Issues in Teleradiology
    Security and Confidentiality
    Political Considerations and Turf Issues
    Review Questions
    Forensic Radiology
    Forensic Radiology
    Determining Cause of Death
    Imaging Techniques
    Battered Child Syndrome
    Appendix A: Situations
    Insurance Situation
    Answer
    Teaching Environment Situation
    Answer
    Protecting Personal Property
    Answer
    Search and Seizure
    Answer
    Chapter  4 Disclaimer: “X-Ray Technician Should Not Have Been
    Terminated by Hospital for Pregnancy”
    Glossary of Terms
    References and Further Readings
    Answers to Review Questions
    Index

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