4th Edition
Medicolegal Issues for Diagnostic Imaging Professionals
By Robert J. Parelli
Copyright 2008
210 Pages
by
CRC Press
216 Pages
by
CRC Press
Also available as eBook on:
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:
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.
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
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
Biography
Robert J. Parelli, David. K Weissman, Colin M. Howles, Zeev Shoham
