Medicolegal Issues for Diagnostic Imaging Professionals

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.

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