RT 104 Jurisprudence PDF

RT 104: JURISPRUDENCE Example: TRIAGE EMERGENCY SITUATIONS Ethics and Its Nature A large accident occurs, and several people are ▪ Derived from the Greek word "ethos" which critically injured. The tri...

RT 104: JURISPRUDENCE Example: TRIAGE EMERGENCY SITUATIONS Ethics and Its Nature A large accident occurs, and several people are ▪ Derived from the Greek word "ethos" which critically injured. The triage team assigns a higher priority means "a characteristic way of acting". to the less injured patients and attends last to those ▪ Ancient romans translated the Greek word who are critically injured, since the chance of survival is "ethos" to the Latin word "mos/moris", from less for the most severe injured. which the English term "morality" is derived. In a situation where medical resources are ▪ Ethics is the study of right and wrong and how to limited, such as during a natural disaster or in an tell the difference between them. overwhelmed emergency room, healthcare providers ▪ Ethics serves as a science that guides human might prioritize treatment for patients with the best actions and decisions, aiming to make a chance of survival. person's actions and, by extension, the person themselves, "good." DEONTOLOGY ▪ Comes from the Greek "deon" word meaning Ethics and Morality ▪ Ethics is often more about the systematic study "duty" and application of principles that help ▪ Deontology upholds the philosophy that rules distinguish right from wrong. are to be followed consistently by all ▪ Ethics is concerned with all human actions, individuals because they represent moral duties. especially those that involve moral questions or ▪ Deontology is about following moral duties or dilemmas. rules. ▪ Morality refers to personal or cultural values ▪ In healthcare, this means a provider has a duty to regarding what is considered right or wrong "do no harm". behavior. ▪ Giving a low priority to the most critical patients ▪ Moral principles are often internalized and would be considered wrong because it violates personal, ethics involves a broader, more the duty to help those in the most need, even if it systematic approach to evaluating and guiding might make sense in other contexts. human behavior. Example: DO NO HARM ETHICS ▪ Set of principles that governs one's course of A physician is bound by the duty to do no harm. action For instance, a doctor might refuse to administer a potentially life-saving treatment has a high risk of causing MORAL PRINCIPLES significant harm, even if some believe the benefits could ▪ Set of standards that established what is right or outweigh the risks. The duty to avoid harm guides their wrong. decision. BIOETHICS Imagine a healthcare provider discovers that a ▪ Pertains solely to the ethics in the field of patient has a terminal liness The patient's family requests healthcare that the provider withhold this information from the CODE OF ETHICS patient to prevent emotional distress. ▪ Governs professional behavior However, the patient has previously expressed a desire to be fully informed about their health condition, no matter 3 BASIS OF ETHICAL PRINCIPLES the circumstances. ▪ Utilitarianism *The deontological approach would emphasize the ▪ Deontology provider's duty to respect the patient's autonomy and ▪ Virtue / Virtue Ethics right to know the truth about their health. According to UTILITARIANISM deontological ethics, the provider has a moral ▪ It is often called consequentialism obligation to inform the patient about their diagnosis, ▪ Advocates that actions are morally correct or even if doing so might lead to emotional distress. The right when the large number of people is provider's duty to tell the truth and respect the benefited by the decision made patient's wishes would take precedence over the ▪ The morality of an action is judged solely by its potential consequences of delivering bad news. outcomes of consequences. ▪ If an action leads to positive results for many people, it is considered morally good. VIRTUE TERMS RELATED TO ETHICS ▪ Virtue ethics is a branch of ethical philosophy HABIT that emphasizes the role of an individual's ▪ Is an acquired mode of behavior Involving the character and virtues in determining ethical tendency to repeat and to reproduce certain behavior, rather than focusing solely on rules actions. (deontology) or consequences (utilitarianism). ▪ An act which has been repeated frequently, it is ▪ Instead of asking "What should I do?" virtue done almost automatically without much ethics asks, "What kind of person should I be?" conscious effort. Example: CUSTOM Instead of simply following a protocol that ▪ It is as an ordinary or usual manner of doing or prioritizes patients based on the severity of their acting, or the habitual practice of a community or condition or likelihood of survival, a virtue ethics people. approach would also consider how the decision affects ▪ Established practices or behaviors that are the patients' families and friends. widelyaccepted and lollowed within a *This means that a patient who may have a significant community or society. impact on their family or community will be given higher priority for treatment, not just based on their IDEALS medical condition but also on the emotional and ▪ It pertains to perfection social consequences of the decision. ▪ Represent the concept of perfection or the highest standard of excellence that one strives to Imagine a Hospital emergency room achieve. overwhelmed by victims of a natural disasters. Among the ▪ Ideals serve as guiding principles or patients are an elderly community leader, a young benchmarks, inspiring individuals and mother with small children, and a homeless person with communities to strive for betterment and no known family. All three required immediate care but excellence. Influenced by external forces. resources are limited and only one can be treated at a time. ETIQUETTE Virtue Ethics Approach: ▪ Comes from the French word meaning "ticket" or The healthcare provider, considering virtue ethics, might "label." prioritize: ▪ Historically, it was associated with rules of 1. The young mother first, not only because of her behavior that were related to following the condition but also due to the impact on her instructions on a "ticket." children if she were to not survive. ▪ Etiquette encompasses the guidelines for 2. The elderly community leader might be treated proper and respectful behavior in various next, recognizing the significant role they play in social and professional contexts. These rules the community. help maintain order, respect, and consideration 3. The homeless person would also be considered among people. with compassion and dignity, but the decisions would factor in the broader social implications TRADITION and the relationships each patient has with ▪ The process by which knowledge, beliefs, others. customs, practices, and values are passed down from one generation to the next. NEEDS FOR PROFESSIONAL ETHICS ▪ Traditions encompass a wide range of beliefs, ▪ Professional ethics is a branch of moral science practices, and rituals that form the core of a that focuses on the ethical obligations and community's or society's cultural heritage. responsibilities of individuals within a specific ▪ These may include religious doctrines, social profession customs, and everyday practices that are widely ▪ Professional ethics embraces the basic observed. principles of right action or norms of conduct which is exemplary and honorable in the practice ETHICAL AND LEGAL ISSUES of profession. Terms related to ethical and legal issues ▪ In the field of Radiologic Technology. Professional ethics is highly important to provide AUTONOMY the physician with high-quality radiograph while ▪ Person's self-reliance, independence, liberty, providing the high-quality health care delivery right, privacy, individual choice, freedom of the system to the patient. will, and the self-contained ability to decide. ▪ Right to make rational decision free from external pressure. BENEFICENCE ▪ While the intention may be to protect or benefit ▪ All act must be meant to be beneficial the person, II can conflict with the ethical ▪ An action done for the benefit of others principle of respecting an individual's autonomy ▪ Charity of act of mercy and right to make their own choices. CODE OF ETHICS ▪ Set of guiding principles that helps a company RESPECT TO PROPERTY and its employees maintain a high standard of ▪ Refers to keeping the belongings of pallents safe ethical behavior and integrity. and taking care not to intentionally damage or ▪ Governs professional behavior. waste equipment or supplies with which one works. CONFIDENTIALITY ▪ Belief that health-related information about RIGHTS individual patients should not be revealed to ▪ Justified claims that an individual can make on others, it implies privacy. individuals, groups of society. Divided into legal ▪ Concept of privacy. rights and moral rights DOUBLE EFFECT SANCTITY OF LIFE ▪ Refers to the fact that some action may produce ▪ Refers to the belief that life is the highest good both good and bad effect. and nobody has the right to judge that another ▪ The principle helps determine whether it is person's quality of life is so poor that his or her ethically permissible to perform an action that life is not of value and should be terminated. has both positive and negative consequences. TRUTHFULNESS CRITERIA: ▪ Honesty in all aspect of professional life 1. The action itself is good or morally neutral. 2. The intent is good, not evil, although a bad result VERACITY may be foreseen. ▪ The commitment/duty to telling the truth and 3. The good effect is not achieved by means of evil providing accurate information. effects. 4. The good effect must be more important than the evil effect, or at least there is favorable balance between good over bad. RADIOLOGIC TECHNOLOGIST’S ETHICS FIDELITY ▪ Strict observance of promises or duties, loyalty It is a branch of moral philosophy which deals with the and faithfulness to others. relationship of a Radiologic Technologist with patient and ▪ To fulfill one's commitment and promises. the family of the patient, his associates and fellow workers and the community. JUSTICE ▪ Equitable, fair or just conduct in dealing with The term connotes that conduct or behavior of Radtech others. practitioners, by reason of public approval or practice of ▪ All person must be treated equally. the group, has become customary among practicing RadTech. LEGAL RIGHTS ▪ Rights that are recognized and protected by the Radtech ethics has to do with the ideals, customs and legal system of a country or jurisdiction. habits which the members of the profession, to a certain ▪ Rights of individuals or group that are degree, accumulate established and guaranteed by law. It will be to the advantage of the RadTech student or professional if he/she remembers the following: NON-MALEFICENCE three things to govern = tongue, temper and conduct ▪ Ethical principle that places high value on avoiding harm to others. three things to cultivate= courage, affection and gentleness ▪ Do no harm/not to cause harm. three things to commend = cruelty, arrogance and ingratitude PATERNALISM three things to wish = health, friends and contentment ▪ Refers to the attitude that sometimes prompts health care workers to make decisions regarding three things to admire = dignity, gracefulness and intellect a person's care without consulting the person three things to give = aims to the needy, comfort to the sad, affected. and appreciation  HEALTH ETHICS TYPES OF CONTRACT Also referred to as medical ethics FORMAL CONTRACT It is a system of moral principles that apply values and ▪ Those which cannot be perfected without judgments to the practice of medicine. compliance with the special formalities required by the law such as donations & mortgages of real It encompasses its practical application in clinical property. settings as well as work on its history, philosophy, theology and sociology. ▪ Formal contracts provide clear legal protection and reduce ambiguity. They ensure that all Health ethics addresses topics like patient rights, parties are aware of their rights and obligations. professional conduct, informed consent, confidentiality, ▪ Formal contracts typically involve detailed end-of-life care, and the equitable distribution of written agreements that clearly outline the terms healthcare resources and conditions INFORMAL CONTRACT RIGHTS OF RADIOLOGIC TECHNOLOGISTS AND ▪ Result of written document or correspondence PATIENTS which the law does not require special RIGHT formalities. ▪ These contracts can be either written or oral and A claim to particular privilege are often based on the mutual agreement of the RESPONSIBILITY parties involved. ▪ However, the lack of formal documentation can An obligation to answer for an act done lead to disputes, so it’s often wise to have some An obligation on the person to perform some act for written record of the agreement which he becomes accountable EXPRESS CONTRACT RIGHTS AND RESPONSIBILITIES OF RADIOLOGIC ▪ Those contract where the consent of the parties TECHNOLOGISTS is given expressly in writing or verbally. 1. To promote health ▪ Both parties explicitly agree to the terms of the contract. 2. To prevent illness ▪ This agreement can be communicated either in 3. To restore health writing (such as a signed document) or verbally (such as a spoken agreement. 4. To alleviate suffering IMPLIED CONTRACT RIGHT OF PATIENT ▪ Those contracts where the consent of the parties 1.) Radiologic/X-ray technologists are responsible to is not given expressly but is deducible from the those people that require nursing care conduct or acts of the parties such as an implied agency 2.) Promotes an environment in which the values, ▪ This agreement can be communicated either in customs and spiritual beliefs of the individual are writing (such as a signed document) or verbally respected (such as a spoken agreement. 3.) Needs confidence, personal information and uses REQUISITES OF CONTRACT judgment in sharing this information LEGAL MATTERS RELEVANT TO RADIOLOGIC Two or more person must participate TECHNOLOGISTS Consent freely given CONTRACT Object or subject matter must be specified An agreement mutually arrived by two or more Cause of obligation is established individuals to do a particular thing in exchange for some consideration In every obligation, there’s always a corresponding right Meeting of minds between two or more parties Contracting parties must have the legal capacity in Must have employers and employee's relationship entering a contract  Below 18 y/o, immediate relative will sign the contract RESCISSIBLE CONTRACT Parties must be in sound mind ❖ Those validity entered into by the contracting parties, but for having caused economic damage or lesion to They must not in any way be forced in contract one party or to a third party or for having been entered Parties involved must consent to the contract into a fraud of creditors or w/o knowledge & approval of the judicial authority. BREACH OF CONTRACT Where a contract exist and either party violating its terms CONSENT Prevention of performance ▪ a contract wherein the patient voluntarily gives Failure to perform because of inconvenience of permission to someone to perform a procedure difficulty ▪ Can also be called as INFORMED CONSENT ▪ Consent is not legal if the patient is not informed of Abandonment of duty all aspects of the procedure to be performed LUCID INTERVAL PURPOSE OF CONSENT The person is in sound mind Patient can be more cooperative. During lucid interval, the consent given is valid Better examination is more likely to result. To be considered the standard of care for each NLRC patient, to fulfill not only legal mandates, but also professional and humanistic obligations. ▪ National Labor Relation Commission If the patient, or family or legal representative denies ▪ Resolves disputes between employers and knowledge of the procedure, physician must be employees notified, and the procedure should be postponed. CLASSIFICATIONS OF DEFECTIVE CONTRACT CONSENT CAN BE: VOIDABLE/ANNULLABLE CONTRACT VERBAL CONSENT ❖ Those where the contract of the party is defective ❖ Used in situations where the patient is conscious, either because of incapacity to give consent or where able to understand the procedure, and can give the consent is vitiated by mistake, violence, immediate consent verbally. intimidation, undue influence or fraud. WRITTEN CONSENT VOID/INEXISTENCE CONTRACT ❖ Required before any examination that involves Void Ab Initio greater than usual risk. Those which produce no legal effect for they do not IMPLIED CONSENT exist in the eyes of the law ❖ If it’s not possible to obtain consent (IMPLIED Not subjected to ratification CONSTRUCTIVE CONSENT) It is valid until there is a judicial declaration *previously granted or presumed consent can be withdrawn at any time* UNENFORCEABLE CONTRACT ❖ Those which cannot be enforced in the court because of the existence of the following reasons: LEVELS OF CONSENT o They were entered into the behalf of another w/o ✓ SIMPLE CONSENT authority or in excess of authority A matter of obtaining a patient’s permission to perform a o There’s non-compliance with the statue of frauds procedure. o Both contracting parties are incapacitated a. EXPRESS CONSENT b. IMPLIED CONSENT  ✓ INADEQUATE CONSENT Directive to physician occurs when the patient has not been informed - A physician is appointed by a person to serve as his adequately to make responsible decision proxy on a prescribed form. Can also be called as IGNORANT CONSENT - The physician verifies that the patient is competent at the time of signing. This is much like a living will PATIENT RIGHTS RELATED TO END-OF-LIFE ISSUES Durable Power of Attorney for Health Care (DPAHC): ADVANCE HEALTHCARE DIRECTIVES (Living Will) - Unlike the two previous documents, this document ▪ are legal documents that are formulated by a appoints a person other than the physician to act as the competent person that provide written information patient’s agent and make health care decisions if the concerning the patient’s desires if the patient is patient is unable to do so. unable to make the decision on his or her own - The patient may alter this document if competent to do ▪ Patient rights can be exercised on the patient’s so. behalf by a designated surrogate or proxy decision maker. - No physician certification is required ▪ Many people believe that potential legal and ethical issues can be avoided by creating an advance health care directive or living will NOTE: When copies of these documents have been completed, they should be copied and given to the agent appointed and included in the patient’s hospital chart. The radiographer may find a do-not-resuscitate (DNR) order on his patient’s chart. This may also be called a “no code” order. A DNR order is often included as part of the patient’s advance health care directives In this case, there will often be an order for a “full code” that indicates full cardiopulmonary resuscitation. This is referred to as a “code blue” in most institution There are three instruments through which the patient’s wishes are dictated. They are as follows: A living will l- Expresses the patient’s wishes concerning their future medical care. - These may be altered by a competent patient at any time. - Each state has different rulings concerning changes in a living will by an incompetent patient.