Introduction To Radiologic Sciences And Patient Care Ch. 24

Front 1

Schloendorf v. Society of New York Hospital

Back 1

Laid foundation for relationship between patient and doctor.
Doctrine serves six functions:
Protects individual autonomy
Protects the patient's status as a human being
Avoids fraud and duress
Encourages health care practitioners to consider their decisions carefully
Fosters rational decision making by the patient
Involves the public in medicine

Front 2

3 Types of Law

Back 2

1st - The Constitution, Supreme Law of the Land
2nd - Enacted by Legislative bodies or administrative agencies. Written at local, state and federal levels. Car laws to taxes.
3rd - Case Law, Derived from Common Law of England, Decided on case by case basis by either a judge or jury. Negligence is the most common claim in health care.

Front 3

Standard of Care

Back 3

The degree of skill, knowledge and care ordinarily possessed and employed by members in good standing within the profession.

Front 4

Torts

Back 4

A patient's claim that he or she has be wronged or has sustained some injury, other than a breach of contract for which he or she believes cause exists for an action for damages.

Front 5

Assault

Back 5

An assault claim may arise when a patient believes he or she has been threatened in such a way that reason to fear or to expect immediate bodily harm exsists. For example, threatening to repeat a painful exam if patient doesn't hold still.

Front 6

Battery

Back 6

If a technologist performs an examination or touches a patient without that patients permission, battery may occur even if no injury arises from such contact.
May occur if exam is done on wrong patient or patient is moved roughly

Front 7

False Imprisonment

Back 7

Arises when a person is restrained or believes that he or she is being restrained against his or her free will. Most common with inebriated, senile or pediatric patients.
Inebriated- unable to consent to restraint or refuse. Ask ordering physician. Only do it with restraints if it is necessary.
Senile or pediatric - Get consent, explain, and document use of restraints

Front 8

Defamation

Back 8

Leaking of information that causes the patient ridicule, scorn, loss of business, etc.
Two types: Slander and Libel
Slander - Spoken word
Libel - Written or published comments or pictures. Indicating a colleague has done something wrong in pt record

Front 9

Fraud

Back 9

Generally defined as willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individuals rights or property.
For a fraud claim to prevail
An untrue statement, known to be untrue by the party making it, was made as to mislead
The injured party relied on the statement
Damages were incurred as a result of reliance

Front 10

Negligence

Back 10

Is a failure to use such care as a reasonably prudent person would use under like or similar circumstances. Need for elements to prove negligence: duty (standard of care), breach of duty, injury and causation

Front 11

Res Ipsa Loquitur

Back 11

Translates into "The thing speaks for itself". Places blame of of negligence on the defendant from the plantiff.

Front 12

Respondeat Superior

Back 12

The master speaks for the servant. The physician or hospital is responsible for negligent acts of the employee. Deep Pocket approach

Front 13

Corporate Liability

Back 13

The theory of corporate liability requires the hospital or health care entity to be responsible for the quality of care delivered to consumers.
Includes the following:
1. Duty of reasonable care in the selection and retention of employees and medical staff
2. Duty of reasonable care in the maintenance and use of equipment
3. Availability of equipment and services