Ethical & Legal Issues in Radiology

The science of rightness and wrongness of human conduct and character known by natural reason
Ethics
A code of conduct and morals advocated by a particular group
Ethics is a system of
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Acceptable conduct and moral judgement
Ethics is the study of
Strict rules, but based on conceptions of right and wrong
Ethics is not based on
Generally accepted criteria that serve to distinguish a profession from others
Professional Ethics is
The publicly displayed ethical conduct of a profession embedded in a code of ethics
What is a professional ethic?
Guides practitioners in making informed choices about the delivery of medical care
Medical Ethics
Individual, professional, and societal values and judgement to the practice of medicine
Medical Ethics applies to
Personal and professional sense of right and wrong
What is the fundamental principal that guides the practice of medical ethics?
Laid down one of the first laws of ethics (Hammutabi’s code)
Hammurabi
Believed in the actual doing of things, asked “how can you reach the highest point of goodness?”
Aristotle
People use certain characteristics to help or to hurt others. Believed people would act because it’s the right thing to do
Immanuel Kant
An articulated statement of role morality as seen by the members of a profession
Code of Conduct
The ARRT
Example of a Code of Ethics
ARRT: American Registry of Radiologic Technologists
Code of Ethics for Radiographers
10 principals dealing with all aspects of the profession and professional standards
What is the ARRT?
Consideration of various aspects of the imaging professionals role in health care
The AART provides
Manners, customs, and generally accepted standards of good and right conduct that reflect our personal values framed within a larger external system of beliefs
Morals
Can be religious, societal, or both
What is an external system?
Ideals and customs of society toward which the members of a group have an affective regard
Values
Belief that actions themselves, rather than consequences, determine the worth of actions
Nonconsequential
The active process of helping someone
Beneficience
The passive process of not harming a person while providing aid
Nonmalifience
The principal of truth telling
Veracity
The belief that health related info about individual patients should not be revealed to others
Confidentiality
Areas of law that may affect the delivery of health care
Radiographers must be aware of
Not obtaining consent before restraining or immobilizing a patient
An example of false imprisonment in healthcare is:
12 rights of the patient at any time of treatment or during any period of hospitalization
American Hospital Association’s Bill of Rights
Private or civil injury or wrong, which court provides a remedy in form of action for damages
Tort
Arise from loss or damage, if that arises from personal injury then it is a tort
Civil Lawsuit
Deliberate act when one person threatens to harm another person without consent and the victim believes the person will carry out the threat
Assault
Physical contact, charge that an assault has taken place
No ____________ is required to ____________
Touching that is without justification or excuse and to which the victim has not consented, even if no injury arises from such contact
Battery
Unlawful confinement of a person within a fixed area, person must prove that they were restrained physically or by threat or intimidation
False imprisonment
The making of a false statement to a 3rd party that is harmful to another reputation: Oral-statement, written- libel
Defamation
Protection of individually identifiable health information
HIPAA
Liability for the technologist and the facility
Breach of confidentiality can cause
Life or safety of the patient is endangered, can prevent suicide or self injury
Confidentiality can be overridden when:
Wounds, auto accidents, diseases, abuse, birth defects, drugs, industry accidents
Confidentiality exceptions:
An unintentional tort involving duty, breach of duty, injury and causation
Negligence
“The thing speaks for itself” legal concept which says that an injury could not have occurred with the absence of negligence
Res Ipsa Loquitur
“Let the master answer” the employer is responsible for the actions of employee
Respondeat Superior
Employer or physician
The ______ or the ______ had ultimate responsibility
A persons self reliance to make decisions
Autonomy
Ability and right of patients to make independent decisions regarding medical csre
Patient Autonomy
The written consent of a patient to receive proposed treatment
Informed consent
Allow patients to make determinations regarding the direction of their treatment
The goal of informed consent is to
Substitute for the required explanation of the procedure and disclosure of associated risks
Written forms cannot
Advantages and risks, alternative patients, potential outcomes, what happens if treatment is refused
Informed consent requires the doctor to explain in understandable language:
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