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Questions and Answers
What does private law primarily regulate?
What does private law primarily regulate?
Which of the following is considered a felony?
Which of the following is considered a felony?
What does civil law primarily seek to address?
What does civil law primarily seek to address?
Which of the following examples represents unintentional misconduct?
Which of the following examples represents unintentional misconduct?
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What is considered a key element of negligent tort liability?
What is considered a key element of negligent tort liability?
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In the context of defamation, what characterizes libel?
In the context of defamation, what characterizes libel?
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Which of the following is NOT a component of the 7 C's of malpractice prevention?
Which of the following is NOT a component of the 7 C's of malpractice prevention?
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What is a defining characteristic of valid informed consent?
What is a defining characteristic of valid informed consent?
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What might constitute a breach in the context of negligence?
What might constitute a breach in the context of negligence?
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Which of the following individuals is considered incompetent to provide informed consent?
Which of the following individuals is considered incompetent to provide informed consent?
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Which statement about informed consent is true?
Which statement about informed consent is true?
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What is the primary source of law in the Philippines?
What is the primary source of law in the Philippines?
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What is a key responsibility of the judiciary system?
What is a key responsibility of the judiciary system?
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Which type of law involves executive power and is primarily concerned with regulatory matters?
Which type of law involves executive power and is primarily concerned with regulatory matters?
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Which of the following best describes public law?
Which of the following best describes public law?
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Which of the following is NOT typically included in the informed consent documentation?
Which of the following is NOT typically included in the informed consent documentation?
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What does the principle of nonmaleficence encompass?
What does the principle of nonmaleficence encompass?
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Which option best describes paternalism in healthcare?
Which option best describes paternalism in healthcare?
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What does the concept of sanctity of life emphasize?
What does the concept of sanctity of life emphasize?
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What does veracity in a professional setting refer to?
What does veracity in a professional setting refer to?
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Which of the following is a patient right?
Which of the following is a patient right?
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What is the main purpose of Good Samaritan laws?
What is the main purpose of Good Samaritan laws?
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Informed consent is specifically required for which type of procedures?
Informed consent is specifically required for which type of procedures?
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What defines inadequate consent?
What defines inadequate consent?
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What is the primary purpose of charting objectively in a medical setting?
What is the primary purpose of charting objectively in a medical setting?
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Which doctrine holds an employer liable for the negligent acts of its employees?
Which doctrine holds an employer liable for the negligent acts of its employees?
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What does contributory negligence imply in a malpractice case?
What does contributory negligence imply in a malpractice case?
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Which type of negligence represents a higher degree of negligence involving reckless disregard for life?
Which type of negligence represents a higher degree of negligence involving reckless disregard for life?
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What must be proven to establish a malpractice claim?
What must be proven to establish a malpractice claim?
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What are the standards of correct behavior by professional groups called?
What are the standards of correct behavior by professional groups called?
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What is indicated by the doctrine of res ipsa loquitur?
What is indicated by the doctrine of res ipsa loquitur?
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What might a radiographer be guilty of after mistakenly administering an incorrect drug?
What might a radiographer be guilty of after mistakenly administering an incorrect drug?
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Which of the following is a common form of intentional misconduct in a medical context?
Which of the following is a common form of intentional misconduct in a medical context?
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Which term refers to the legal principle stating that prior cases should be followed for consistency?
Which term refers to the legal principle stating that prior cases should be followed for consistency?
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Refusing to work with a patient based on their religion violates which principle?
Refusing to work with a patient based on their religion violates which principle?
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Which statement best describes torts?
Which statement best describes torts?
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What does the reasonably prudent person doctrine assess?
What does the reasonably prudent person doctrine assess?
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What is an example of battery in a healthcare setting?
What is an example of battery in a healthcare setting?
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What legal term describes a violation of confidentiality leading to patient harm?
What legal term describes a violation of confidentiality leading to patient harm?
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How is assault defined in a medical context?
How is assault defined in a medical context?
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Unintentional misconduct is also known as what?
Unintentional misconduct is also known as what?
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What does the term 'respondeat superior' mean?
What does the term 'respondeat superior' mean?
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Study Notes
Medical Ethics
- Nonmaleficence is the duty to avoid causing harm and to prevent harm.
- Paternalism is when healthcare workers make decisions about a person's care without consulting them.
- Sanctity of life believes that life is the highest good and no one has the right to judge another person's quality of life.
- Veracity requires honesty in all aspects of professional life.
- Respect for property means keeping patients' belongings safe and not damaging or wasting equipment or supplies.
Patient Rights
- Patients have the right to high-quality hospital care, a clean and safe environment, involvement in their care, protection of their privacy, preparation for leaving the hospital, and assistance with their healthcare bills.
Good Samaritan Laws
- Protect people who provide medical aid in emergencies from civil or criminal liability.
Informed Consent
- Informed consent is a contract where the patient voluntarily gives permission for a procedure or service.
- Express consent occurs when the patient doesn't stop the procedure.
- Implied consent occurs in emergencies when obtaining consent from the patient or their representative is not possible.
- Inadequate consent is when the patient has not been adequately informed to make a responsible decision.
- Valid informed consent is voluntary, obtained from a competent patient, and given in writing.
- Informed consent must be written and delivered in a language understandable to the patient.
Radiologic Technologists' Rights & Responsibilities
- Promote health, prevent illness, restore health, and alleviate suffering.
Sources of Law in the Philippines
- Philippine Constitution states principles and provisions for establishing specific laws.
- Statutory Law refers to laws made by Congress.
- Judiciary System resolves controversies and conflicts and interprets the laws.
- Court Decisions involve interpretation of statutes and regulation in individual cases.
- Common Law is a body of law built on accumulated decisions, influenced by English law.
- Administrative Law is made by executive law of government involving various areas like manufacturing, taxation, and immigration.
Types of Law
- Public Law involves the government and regulates relationships between individuals and the government.
- Private Law regulates relationships among people, including contracts, property ownership, and the practice of Radiologic Technology.
Legal Considerations
- Criminal Law deals with offences against the state.
- Felonies are serious crimes punishable by imprisonment.
- Misdemeanors are less serious crimes punishable by fines or imprisonment for less than a year.
- Civil Law deals with individuals' rights and duties toward one another.
- Torts are civil wrongs that cause harm to a person or their property.
- Plaintiff is the person suing another person or government entity for damages.
- Defendant is the person being sued.
Torts
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Intentional Misconduct:
- False Imprisonment: unjustified detention of a person against their will.
- Invasion of Privacy: failing to maintain confidentiality or improperly exposing or touching the patient's body.
- Libel: written information that harms someone's reputation.
- Slander: oral communication that harms someone's reputation.
- Assault is threatening someone.
- Battery is unlawful touching or touching without consent.
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Unintentional Misconduct:
- Negligence: failure to provide reasonable care or caution.
- Malpractice: professional negligence.
Elements of Negligence
- Duty: what should have been done.
- Breach: deviation from duty.
- Injury sustained.
- Cause: the breach caused the injury.
Malpractice Prevention
- Competence: adheres to professional standards.
- Compliance: follows policies and procedures.
- Charting: objective notes are the best defence against malpractice claims.
- Communication: clear communication between health professionals and patients reduces risk of lawsuits.
- Confidentiality: protects patient information.
- Courtesy: a courteous attitude improves patient rapport.
- Carefulness: prevents personal injuries on premises.
Types of Negligence
- Gross negligence: Reckless disregard for life or limb.
- Contributory negligence: injured party's behavior contributed to the injury.
- Corporate Negligence: the institution is negligent.
Legal Doctrines
- Res ipsa loquitur: "The thing speaks for itself"; obvious negligence.
- Respondeat superior: "Let the master answer"; employer is liable for the negligent act of its employee.
- Borrowed servant: employers are sometimes liable for the actions of employees on loan to another employer.
- Res Judicata: A matter settled by judgment.
- Stare Decisis: Refers to a matter settled by precedent.
- Reasonably Prudent Person Doctrine: How a professional with similar education and experience would perform the act.
Key Review Points
- Torts are violations of civil law (personal injury law).
- Intentional misconduct can include assault, battery, false imprisonment, invasion of privacy, libel, and slander. Examples: radiographing the wrong patient or body part, or performing radiography against a patient's will.
- Unintentional misconduct is negligence, based on the doctrine of the reasonably prudent person.
- Four conditions must be met to establish malpractice: standard of care is established, the standard was violated, the injury was caused by the radiographer, and the injury occurred due to negligence.
Scenario Questions
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Scenario: A radiographer refuses to work with a patient due to their religion.
- Answer: This violates both the law and the ethics of the profession.
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Scenario: A radiographer accidentally administers the wrong medication to a patient.
- Answer: This could be considered a tort, negligence, and battery.
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Scenario: A patient's arm is restrained without their consent or a doctor's order.
- Answer: This could be considered false imprisonment and battery.
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Scenario: A radiographer verbally abuses their patient.
- Answer: This is considered an example of assault.
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Scenario: A radiographer improperly exposes a patient's body during a procedure.
- Answer: This is considered an example of an invasion of privacy.
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Description
Test your understanding of key principles in medical ethics, including nonmaleficence and informed consent. This quiz will also cover patient rights and the significance of Good Samaritan laws in healthcare. Dive into the ethical responsibilities of healthcare professionals and patients alike.
