Ethics Endterm PDF

RT 11 PEJCS ENDTERM KRISTIAN LHOYD PATUBO, RRT, MD Malpractice and negligence Malpractice Claims Negligence Cases are always lawsuits by a are those in which a person patient against a medical believes that a medical practitioner for errors in profession...

RT 11 PEJCS ENDTERM KRISTIAN LHOYD PATUBO, RRT, MD Malpractice and negligence Malpractice Claims Negligence Cases are always lawsuits by a are those in which a person patient against a medical believes that a medical practitioner for errors in professional DID NOT diagnosis or treatment. perform an essential action or performed an improper one, thus harming the patient. Negligence cases are sometimes classified using the following three legal terms: I. Malfeasance refers to an unlawful act or misconduct. II. Misfeasance refers to a lawful act that is done correctly. III. Nonfeasance refers to a failure to perform an act that is one’s required duty or that is required by law. Malfeasance is the act of intentionally doing something wrongful or illegal, especially when the person has a duty to act appropriately. doing an act prohibited by law or that which ought not to be done or not supposed to be done Example: accepting bribes or stealing money taken as evidence A radiologic technologist intentionally alters a patient’s medical imaging records to conceal a mistake made during the procedure. This could result in incorrect diagnoses and treatment plans. The deliberate alteration of medical records is a form of malfeasance, as it involves knowingly doing something unethical and illegal. Misfeasance improper or incorrect performance of a lawful act. Unlike malfeasance, it doesn’t involve intentional wrongdoing, but rather an error or negligence in executing a duty. the improper or irregular performance of an act which is allowed to be done Example: improperly searching a home without a search warrant or excessive force during an arrest A technologist uses incorrect settings on an MRI machine, resulting in low- quality images that prevent the radiologist from accurately interpreting the results. Here, the technologist was performing a lawful act (conducting the MRI), but their negligence in setting the machine parameters correctly led to subpar results, which could delay diagnosis and treatment. Nonfeasance failure to act when there is a duty to do so. This form of negligence occurs when someone does nothing at all, despite having a responsibility to take action. the non performance, failure or refusal to an act which one is required to do Example: failing to stop a speeding vehicle or failing to stop rioters from destroying property A radiology technician notices that a CT scanner requires maintenance, but fails to report it. Later, the scanner malfunctions during a critical procedure, potentially compromising patient care. By not reporting the issue, the technician is responsible for nonfeasance because they failed to act when they had a duty to ensure the equipment was safe and functional. CRIME an act committed or omitted in violation of law Crimes Against Persons Homicide the act of one person killing another Criminal homicide- unlawful and punishable by law Non-criminal homicide- lawful killings, justifiable cases Homicide is the act of one person killing another, and it covers a range of scenarios, from intentional acts of murder to accidental deaths. The classifications of homicide vary, but they are often broken down into two primary categories: criminal homicide and non-criminal (justifiable or excusable) homicide. Crimes Against Persons Murder intentional killing of another person with "malice aforethought," meaning a premeditated intent or a reckless disregard for human life. First degree- planned or premeditated Second degree- non-premeditated killing First-degree murder: Planned or premeditated murder, often associated with heinous acts such as torture or killing during certain felonies (e.g., robbery) Second-degree murder: A non-premeditated killing resulting from an intent to cause serious harm or a reckless disregard for life. Crimes Against Persons Parricide- killing a parent Patricide- killing a father Matricide- killing a mother Infanticide- killing of a child less than 3 days of age Crimes Against Property Robbery unlawful taking of another person’s property Arson Intentional burning of another person’s house Sabotage Intentional damage to the property of the employer by the employee Crimes Against Chastity Rape forcible sexual intercourse with a man/woman without her consent Adultery Sexual intercourse of a married woman with a man other than her husband Concubinage Cohabitation of a married man with a woman other than his wife Crimes Against Public Interest Forgery Altering a written documents for deceit Perjury Telling a lie under oath Crimes Connected with Public Office Graft Dishonest transaction in public office form of political or corporate corruption involving the exploitation of one’s role to obtain personal gain, often through unethical or illegal means. Graft typically involves misappropriation or misuse of resources. Example: A hospital administrator in charge of purchasing radiology equipment signs an overpriced contract with a supplier in exchange for receiving a "kickback" (personal monetary benefit). This might involve inflating costs, with the extra funds being diverted for personal gain. Here, the administrator is misusing their authority to benefit personally, which constitutes graft. Crimes Connected with Public Office Bribery Receiving money or gifts in connection with the performance of official duties act of offering, giving, receiving, or soliciting something of value as a means to influence the actions of an individual in a position of authority. It involves exchanging money, gifts, or favors to obtain an illicit advantage. Example: A radiology equipment vendor offers cash or expensive gifts to the head of the radiology department in exchange for a promise to choose their company’s MRI machines, despite competitors offering better prices or products. Accepting the bribe compromises the integrity of the decision-making process and prioritizes personal gain over the hospital's best interests. Crimes Connected with Public Office Corruption Giving money or gifts in connection with the performance of his duties road term encompassing the abuse of power for personal gain. It can include actions like fraud, embezzlement, bribery, and favoritism, and can occur at any level within an organization or institution. Example: A hospital official is responsible for hiring radiologic technologists and only selects candidates from their own family or close friends, regardless of qualifications. This results in favoritism and a lack of transparency, which undermines the department’s performance and fosters an unethical workplace culture. Here, the official's abuse of their hiring power is a form of corruption. END