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Questions and Answers
What is the main consequence of the statute of limitations for a patient who files a lawsuit after the allowed time period?
What is the main consequence of the statute of limitations for a patient who files a lawsuit after the allowed time period?
Under the doctrine of assumption of risk, when can a patient not recover damages?
Under the doctrine of assumption of risk, when can a patient not recover damages?
What principle does the doctrine of last clear chance illustrate in a medical context?
What principle does the doctrine of last clear chance illustrate in a medical context?
Which of the following best describes a force majeure event?
Which of the following best describes a force majeure event?
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What does the rescue doctrine state regarding injuries sustained while rescuing another person?
What does the rescue doctrine state regarding injuries sustained while rescuing another person?
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What could happen to a lawsuit if it is filed after the statute of limitations has expired?
What could happen to a lawsuit if it is filed after the statute of limitations has expired?
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In which situation does the doctrine of assumption of risk NOT apply?
In which situation does the doctrine of assumption of risk NOT apply?
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How does the doctrine of last clear chance apply in the context of medical negligence?
How does the doctrine of last clear chance apply in the context of medical negligence?
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What is the main difference between negligence and malpractice?
What is the main difference between negligence and malpractice?
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Who is referred to as the plaintiff in a legal case?
Who is referred to as the plaintiff in a legal case?
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What does the doctrine of vicarious liability entail?
What does the doctrine of vicarious liability entail?
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In legal terms, who is considered the defendant?
In legal terms, who is considered the defendant?
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What does the term 'res ipsa loquitur' imply in malpractice cases?
What does the term 'res ipsa loquitur' imply in malpractice cases?
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Which scenario illustrates the doctrine of vicarious liability?
Which scenario illustrates the doctrine of vicarious liability?
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An example of an injury that would likely fall under 'res ipsa loquitur' is:
An example of an injury that would likely fall under 'res ipsa loquitur' is:
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What does negligence refer to in a general context?
What does negligence refer to in a general context?
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What is the required rating to pass each subject in the exam?
What is the required rating to pass each subject in the exam?
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What is the fee for replacing a lost or destroyed certificate?
What is the fee for replacing a lost or destroyed certificate?
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What is NOT required for obtaining a Certificate of Registration (COR)?
What is NOT required for obtaining a Certificate of Registration (COR)?
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Which law was enacted to mandate continuing professional development (CPD) for radiologic technology?
Which law was enacted to mandate continuing professional development (CPD) for radiologic technology?
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What is the main focus of the Radiologic Technology Act of 1992 (RA 7431)?
What is the main focus of the Radiologic Technology Act of 1992 (RA 7431)?
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When did the CPD Act take effect?
When did the CPD Act take effect?
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What does the law state about the responsibility of radiologic technicians?
What does the law state about the responsibility of radiologic technicians?
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Which of the following is considered a penal provision under the regulations?
Which of the following is considered a penal provision under the regulations?
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Who was the first chairman of the Board composed in 1993?
Who was the first chairman of the Board composed in 1993?
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What significant event regarding licensure examinations took place on December 27, 1993?
What significant event regarding licensure examinations took place on December 27, 1993?
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Which of the following individuals is recognized as the father of Radtech Education in the Philippines?
Which of the following individuals is recognized as the father of Radtech Education in the Philippines?
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Which act is associated with the establishment of regulations for radiologic technology in the Philippines?
Which act is associated with the establishment of regulations for radiologic technology in the Philippines?
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In which year did the Association of X-ray Technicians in the Philippines get conceived?
In which year did the Association of X-ray Technicians in the Philippines get conceived?
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Who served as Secretary General of the House of Representative during the time referenced?
Who served as Secretary General of the House of Representative during the time referenced?
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Which individual was appointed as the chairman of the Board in June 2024?
Which individual was appointed as the chairman of the Board in June 2024?
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What is a component of the Board of Radiologic Technology (BORT)?
What is a component of the Board of Radiologic Technology (BORT)?
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What is the primary purpose of maintaining medical records?
What is the primary purpose of maintaining medical records?
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Which principle is NOT a key ethical principle outlined in the radiologic technology code of ethics?
Which principle is NOT a key ethical principle outlined in the radiologic technology code of ethics?
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What is emphasized in Article II of the radiologic technology code regarding patient relations?
What is emphasized in Article II of the radiologic technology code regarding patient relations?
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According to Section 3 of Article III, radiologic technologists should avoid which of the following?
According to Section 3 of Article III, radiologic technologists should avoid which of the following?
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Which of the following is a responsibility stated under Section 15 regarding the practice of radiologic technology?
Which of the following is a responsibility stated under Section 15 regarding the practice of radiologic technology?
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What does Article I primarily address in relation to radiologic technologists?
What does Article I primarily address in relation to radiologic technologists?
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Which section of the code emphasizes the importance of professionalism in relation to other allied professions?
Which section of the code emphasizes the importance of professionalism in relation to other allied professions?
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What should a radiologic technologist prioritize to enhance their professional growth?
What should a radiologic technologist prioritize to enhance their professional growth?
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What is a major responsibility in maintaining a safe environment according to the code?
What is a major responsibility in maintaining a safe environment according to the code?
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Which attribute is NOT required for RTs as stated in Section 1 of Article V?
Which attribute is NOT required for RTs as stated in Section 1 of Article V?
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Study Notes
Negligence vs. Malpractice
- Negligence refers to the failure to exercise reasonable care, resulting in harm to another person.
- Malpractice is a type of negligence specifically involving a professional who fails to perform their duties according to the accepted standards of their profession.
- Malpractice is negligence performed by someone with specialized skills or knowledge.
Plaintiff vs Defendant
- The plaintiff is the person(s) who has alleged that wrongdoing has been done to them.
- The defendant is the person(s) or entity that has been accused of committing a wrongful act.
Doctrine of Vicarious Liability
- This doctrine holds an employer liable for the negligent actions of its employees performed within the scope of their employment.
- Example: A hospital may be held liable for a radiologic technologist’s actions, even though the hospital itself did not commit the error.
- Another term for this is Imputed Negligence or the doctrine of Respondeat Superior.
Doctrine of Res Ipsa Loquitur (Common Knowledge)
- This doctrine applies when the injury would not ordinarily occur without negligence, and the defendant had control over the situation.
- The defendant is presumed to be negligent when the injury would not ordinarily occur without someone’s negligence.
- This doctrine is commonly referred to as "the thing speaks for itself."
Doctrine of Statute of Limitations
- This doctrine limits the amount of time a patient has to bring a legal claim.
- Once the time limit expires, the patient can no longer sue, even if there was clear malpractice.
- Example: A patient has two years to file a lawsuit against a hospital for a potential injury sustained during an MRI procedure.
Doctrine of Assumption of Risk
- This doctrine applies when a patient consents to a procedure involving certain risks.
- The patient cannot recover damages for injury resulting from inherent or ordinary risks of the procedure that they were informed about.
- Example: A patient may be informed of the radiation exposure risks of a fluoroscopy procedure and consent to the procedure. If complications arise from the radiation, the doctrine of assumption of risk may apply because they voluntarily accepted the known risks.
Doctrine of Last Clear Chance
- This doctrine implies that the defendant had the final opportunity to prevent the harm and failed to do so, making them responsible.
- Example: A radiologic technologist notices that a patient is positioned incorrectly for a mammogram but proceeds with the scan anyway. The patient suffers an injury due to the mispositioning. The technologist had the final opportunity to prevent the harm and failed to do so.
Doctrine of Force Majeure
- This doctrine applies to extraordinary events that are not foreseeable nor avoidable.
- An “Act of God” is an extraordinary natural event, without human intervention, that cannot be reasonably avoided or prevented.
Rescue Doctrine
- This doctrine states that the original wrongdoer must be held liable for injuries sustained by a rescuer who is injured rescuing someone.
- Example: During a fire in the radiology department, a radiologic technologist rushes in to help a patient trapped in the MRI machine and is injured in the process.
Purpose of Maintaining Medical Records
- Medical Records document the patient’s history, condition, and treatment.
- They aid in the continuity of care.
- They provide a record for billing.
- The hospital is the guardian and owner of the record.
- Physicians are considered owners of the medical records generated and maintained by them.
RA 7431 (Radiologic Technology Code of Ethics & Radiologic Technology Act of 1992)
- This act regulates the practice of radiologic technology in the Philippines.
- It promotes responsible and professional conduct for radiologic technologists.
- It ensures that qualified and licensed radiologic technologists are the ones practicing.
- This act helps raise the quality of healthcare in the Philippines.
Key Ethical Principles of Radiologic Technology
- Respect for human dignity and rights
- Confidentiality
- Competency and continuing education
- Integrity in professional practice
Goals of the Radiologic Technology Code of Ethics
- How radiologic technologists evaluate their professional conduct
- How to maintain a high level of ethical conduct
- How to provide protection, safety, and comfort for patients
- How to create a culture of integrity, a supportive, and positive atmosphere
- How to build morale, internal and external loyalty, and improve the reputation of the profession
RA 7431 (Radiologic Technology Act of 1992)
- This act ensures that radiology services are provided safely and responsibly.
- This act requires that equipment meets safety standards and is properly maintained and calibrated.
BORT (Board of Radiologic Technology)
- The Board of Radiologic Technology is composed of five people: one chairman and four members.
- The first fully computerized licensure examinations were conducted on December 27, 1993, and the results were released on April 9, 1994.
BORT Members
- Dr. Fortunato Gabon Jr. (Chairman)
- Dr. Jose T. Gaffud
- Mr. Dexter R. Rodelas
- Ms. Editha C. Mora
- Ms. Eulinia M. Valdesco
BORT Members
- Mr. Nicomedes M. Gopez (Chairman)
- Mr. Mario O. Chavez
- Mr. Lorenzo A. Reveldez Jr.
- Dr. Orestes P. Monzon
- Ms. Eulinia M. Valdesco
BORT Members
- Ms. Wilhelmina M. Gana (Chairman)
- Dr. Orestes P. Monzon
- Mr. Bayani C. San Juan
- Mr. Zaldy M. Ambon
- Ms. Cecilia S. Mananghaya
BORT Members
- Mr. Reynaldo Apolonio S. Tisado (Chairman)
- Orestes P. Monzon
- Ma. Jesette B. Canales
- Bayani C. San Juan
- Roland P. Conanan
RA 1092 CPD (Continuing Professional Development) ACT— 2016
- This act enacted on July 21, 2016 and took effect on August 16, 2016
- It is a mandatory requirement for all radiologic technologists.
- It helps to maintain the competence of radiologic technologists by requiring ongoing education and training
- It implements resolution No. 1032 on March 15, 2017
History of Philippine Association of Radiologic Technologists, Inc. (PART)
- 1954 - The Association of X-ray Technicians in the Philippines was conceived.
- MSGT Gilberto Palomique was involved in the conception of PART
- Gilberto Palomique was the first president of PART.
- Norberto Palomo is considered the father of Radtech Education in the Philippines.
Presidential Decree 223 (PD 223)
- This decree was issued on June 22, 1973 and established the Professional Regulation Commission (PRC).
Key People Involved in Radiologic Technology in the Philippines
- Ramon V. Mitra Jr. (Speaker of the House)
- Neptali A. Gonzales (Senate President)
- Corazon C. Aquino (President of the Philippines)
- Catailo L. Sabio (Secretary General of House of Representative)
- Anacleto D. Badoy Jr (Secretary of the Senate)
- Hermogenes Pobre (PRC Commissioner and Chairman when the RA 7431 was signed into law)
- Norberto Palomo (Father of Radtech Education in the Philippines)
- Gilberto Palomique (First President of PART)
- Dr. Fortunato Gabon Jr. (First Chairman of the BORT)
Important Dates
- 1954 - The Association of X-ray Technicians in the Philippines was conceived.
- June 22, 1973 - Presidential Decree 223 (PD 223) was issued.
- April 22, 1992 - RA 7431 was approved by the President of the Philippines.
- September 20, 1993 - The rules and regulations governing the examination, registration, licensure and practice of radiologic and x-ray technology was promulgated.
- December 27, 1993 - The BORT conducted its first fully computerized licensure examinations.
- April 9, 1994 - The results of the first fully computerized licensure examinations were released.
- May 28, 1993 - Promulgation of the Code of Professional Ethics for XT and RT.
- July 21, 2016 - RA 1092 CPD (Continuing Professional Development) Act was enacted.
- August 16, 2016 - RA 1092 CPD (Continuing Professional Development) Act took effect.
- March 15, 2017 - Implementation of RA 1092 CPD Act with resolution No. 1032.
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Description
This quiz covers key principles of negligence, malpractice, and vicarious liability in the context of law. Understand the roles of plaintiffs and defendants, and learn how employers can be held accountable for employees’ actions. Test your knowledge of these fundamental legal concepts.
