Jurisprudence Comprehensions PDF

ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Management and Hospital Administration SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | PRELIMS...

ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Management and Hospital Administration SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | PRELIMS Six Principles Of Bureaucracy OUTLINE 1. Hierarchy 2. Rules 3. Function I. Management III.Individuals in the 4. Focus A. Human Resource Organization 5. Impersonal Administration A. Employers 6. Qualification II. Theories and Models of B. Employees Organizational Behavior C. Personalities in the Frederick Winslow Taylor A. Organizational Organization Father Of Scientific Management Behavior IV. Organizational Chart A. Types of Organizational Taylor's Principles Or Taylorism Chart States that the manager is the one who should determine what job is the best for each employee The manager is the one who is responsible to determine the REFERENCES: best way of the worker to do a job and to provide different Youtube rules and trainings. https://www.youtube.com/watch?v=mhkLc0HEtR0 Therefore, the manager obliges to have responsibility to know https://www.youtube.com/watch?v=r2Xv9Am7PWQ the best styles and techniques of each worker to have a Zoom Link 9y@j^SX2 successful work. To provide tools and materials. Elton Mayo TOPIC he advised managers to deal with emotional needs of employees at work I. Management founder of human relations movement Involves planning organizing staffing leading or directing and controlling an organization to accomplish a goal Human Relations Movement Coordinated efforts of the people to achieve a common goal using their – the researchers of an organization development that who study the specific or available resources efficiently and effective behavior of people in workplace or groups and other related concepts in the field such as organizational physiology Human Resource Administration “Personal management” Summary of Mayo's Beliefs: duties range from recruiting and employee relations to payroll Individual workers cannot be treated in isolation but must be and benefits administration seen as members of a group. Roles: Post Job Offerings, Review Applicants Resume, Check Monetary incentives and good working conditions are less Qualification, Screens candidates, Interview, Compensation, Hiring important to the individual than the need to belong to a group. Informal or unofficial groups formed at work have a strong II. Theories and Models of Organizational Behavior influence on the behavior of those workers in a group. Managers must be aware of these 'social needs' and cater for Organizational behavior them to ensure that employees collaborate with the official Investigates the impact that individuals, groups, and organization rather than work against it. structures have on behavior within an organization for the purpose of applying such knowledge towards improving an Chester Irving Barnard organization's effectiveness Organizations are systems of cooperation of human activity Examine human behavior of employee Each individual helping one another to achieve a common How they work in a specific environment goal Checks performance communication job structure motivation two criteria for survival: effectiveness and efficiency leadership of individual or group effectiveness (meeting organization goals in a timely way) and efficiency (can satisfy the motives of the work) Max weber proposed two ways of convincing subordinates to cooperate: studied on bureaucracy – proposes that all business tasks tangible incentives and persuasion must be divided among employees; classification of legitimate authority Henri Fayol father or universal process or operational management or Division of task according to employees’ competencies or function administrative theory - rational-legal - traditional Six Major Industrial Activities Identified by Fayol 1. Technical (production and manufacturing); Bureaucracy 2. Commercial (buying, selling and exchanging); most efficient form of Organization 3. Financial (search for an optimum use of capital); A well-defined line of authority and has clear rules and 4. Security (safeguarding property and people); regulations which are strictly followed. 5. Accounting (including statistics), and 6. Managerial zxy - 1  5 Managerial Functions 1. Planning 2. Organizing 3. Commanding/Directing 4. Coordinating/Staffing 5. Controlling Frederick Herzberg Formulated The Two Factor Content Theory: Two needs systems Identify what individual and needs Two Factor Content Theory III. The Individuals In The Organization 1) Hygiene Factors- extrinsic conditions that determine the satisfaction low paid lack of job security bad work conditions Employees 2) Motivation Factors- good pay high job security and good work Obey organizational superiors conditions To pursue the organization's goals Not to pursue conflicting goals Abraham Harold Maslow Subordinates or Followers Most popular This theory of physiological health predicted on fulfilling Employers innate human needs in priority or in order provide employees with fair wage and fair working conditions Way to present of basic feeds of individual in priority Head of employees help employees to become successful Maslow’s Hierarchy of Needs Personalities in the Organization Pattern of behavior of individual in organization Five Modeling Traits And Personalities Extroversion – positive thinking Neuroticism – negative thinking Agreeableness – likability Conscientiousness – trustworthy Openness – open to improve LEADERSHIP MANAGEMENT Definition Ability of an Directing and individual to controlling a group influence, motivate, of people for a and enable others to purpose of contribute towards coordinating and the success of the harmonizing that organization. group towards accomplishing a goal David Clarence McClelland Personality Styles Often seen as Rational Developed Achievement Motivation Theory loners/private Focus on goals, people structures, Physiological theory (Key Motivators) Comfortable taking personnel and need of affiliation risks availability of need for power High levels of sources Need for achievement imagination Persistent Great charisma, Strong will Douglas McGregor brilliant intelligent Theory X And Theory Y Focus Leading people Managing work Authoritarian micromanagement Outcomes Achievements Results Approach to tasks Look at problems Create strategies, and devise new policies Theory X solutions Empower people by 1. Employees inherently dislike work and whenever possible will Uses charisma to soliciting their views, attempt to avoid it. excite and motivate values and 2. They must be coerced, controlled or threatened with and focus others to principles punishment to achieve goals. excel Generates success 3. Employees will avoid responsibilities and seek formal direction Approach to risks Risk-taking Risk-averse whenever possible. Role in decision Facilitative Involved 4. Most workers place security above all other factors associated making with work and will display little ambition. Styles Transformational Dictatorial Consultative Authoritative Theory Y Participative Transactional 1. Employees can view work as being as natural as rest or play Autocratic 2. People will exercise self-direction and self-control if they are Democratic committed to the objectives Power through Charisma Formal Authority 3. The average person can learn to accept responsibility Influence Position 5. The ability to make innovative decision is widely dispersed Organization Leaders have Managers have throughout the population and is not necessarily limited only to followers subordinates managerial positions Appeal to Heart Head  IV. Organizational Chart Org Chart, Organigram, Organogram Shows Structure Of An Organization And The Relationships And Relative Ranks Of Its Parts And Positions Types Of Organizational Chart Line - Direct relationship between superior and subordinate Lateral - Relationship between different departments on the same hierarchal level - Team based - Groups or employees on the Same employment level that performs specific job functions Staff - Relationship between a managerial assistant and other areas Functional - Relationship between specialist positions and other areas - Authority to insist that a line manager Matrix - the reporting relationships are set up as a grid, or matrix, rather than in the traditional hierarchy - people with similar skills are pooled for work assignments, resulting in more than one manager to report to Flat/Horizontal - small companies; no levels of management between management and staff level employees - supervises employees less while promoting their increased involvement in the decision-making process ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Hospital Administration SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | PRELIMS Level 3 Hospital OUTLINE Accredited Residency program (residents) Rehabilitation Unit Ambulatory and Surgical Unit I. Hospital IV. Managerial Skills Dialysis Unit A. Objectives of Hospitals A. Technical Skill Blood Bank B. Categories of Hospitals B. Interpersonal Skill Tertiary Lab II. Staffing C. Conceptual Skill Level 3 imaging A. Medical Staff D. Diagnostic Skill B. Nursing Staff V. Hospital Liability Staffing C. Other Personnel B. Liability Determined based on the classification, bed capacity, and III. Levels of Management A. Types of Hospital liability organizational structure A. Top B. Middle A. Medical Staff C. Low Developing Metrics for Hospital Medical Workforce Allocation by Shannon DOH Administrative Order No. 2012-0012 of July 18, 2012 REFERENCES: Rules and regulations for accreditation https://corporatefinanceinstitute.com/resources/careers/soft- skills/management-skills/ SPECIALTY RATIO https://www.managementstudyguide.com/management_levels.htm PEDIATRICS 1 Consultant: 4 Resident Physicians https://www.dko-law.com/blog/2022/january/are-hospitals-liable-for- SURGERY 1 Consultant: 1 Resident malpractice-/ Physician 3 Fellows: 8 Residents *1 fellow is added for every 2 Hospital Administration physicians NEUROLOGY 3 Training Neurologists: 3 Hospital Resident Physicians A healthcare institution providing patient treatment by DERMATOLOGY 1 Consultant: 3 Resident specialized staff and equipment Physicians 24/7 open NUCLEAR MEDICINE 3 Full time Physicians (Diplomate) Objectives Of Hospitals: 3 Training Residents Furnish safe and well-maintained building and ground RADIATION ONCOLOGY 1 Consultant: 3 Resident Furnish adequate and safe equipment Physicians Exercise reasonable care in the selection of the members of the hospital staff B. Nursing Staff Categories Of Hospitals UNIT NURSE TO STAFF RATIO WARD 1 Supervisor: 50 Nurses Level 1 Hospital 1 Head Nurse: 15 Nurses PRC Licensed Staff 1 Staff Nurse: 12 beds per shift Appropriate Bed space capacity 1 Nursing Attendant: 24 beds Operating Room per shift Post-op recovery room CRITICAL CARE 1 Supervisor: 30 Staff Nurse Maternity Facilities 1 Head Nurse: 15 Staff Nurse Isolation Facilities 1 Staff Nurse: 3 Beds per shift Dental Clinic 1 Nursing Attendant: 15 beds Blood Station per shift Pathologist Radiologist C. Other Personnel DOH- licensed pharmacy STAFF BED CAPACITY Level 2 Hospital PHARMACY 25 All of level 1 capacity but also includes the ff: NUTRITIONIST- DIETETICS 60 Organized staff MEDICAL SOCIAL WORK 25 ICU HEALTH INFORMATION 20 NICU MANAGEMENT HRPU Respiratory therapy services Tertiary Clinical Lab Level 2 imaging facility zxy - 1  Levels Of Management Top executive coaching, change management, leadership, delegation & empowerment, etc. CEO, CFO, COO, Chairman, Chairperson Decisions affecting the entire company Middle problem solving, team building, talent development, performance management, etc. All managers Low Level emotional intelligence & coaching for performance, etc. Supervisor/ daily management Why is it important to have good managerial skills? If a Manager has good managerial skills, then he influences and motivates his subordinates in every manner. By developing good managerial skills, Managers will provide effective training to them employees and make proper coordination among their team. These managerial skills are equally important for all types of managers. Managerial Skills / Technical Skill understanding and demonstrating proficiency technicalities: computers, machines, etc. / Interpersonal Skill human relations communications / Conceptual Skill ability to see the organization as a whole visualization for future formulating ideas Diagnostic Skill investigate problems, decide on a remedy detect problem and resolve Hospital Liability based on vicarious liability, which means an entity is accountable for incompetent actions by its employees within their own duties, even if the entity didn't act incompetently. This means a hospital can be held responsible for medical malpractice committed by its healthcare employees. Liability the state of being bound by law or justice to do something or to make good something, legal responsibility. Main Types of Hospital Liability 1.) Liability for the negligence of hospital employees. 2.) Hospital liability for harm resulting from the facility administration's own mistake ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Professional Ethics SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | PRELIMS What Is Ethical Behavior? OUTLINE Simply put, "ethical behavior" is knowing "right" from "wrong," whether in the workplace or in personal life, and acting accordingly. I. Professional Ethics V. Ethical Theories A. Professional A. Utilitarianism Nature Of Ethics B. Ethics B. Deontology Nature of Healthcare ethics is the collection of principles that C. Importance of VI. 4 Principles of Health Care guide doctors, nurses, and other clinicians in providing Professional Ethics Ethics medical care. It combines moral beliefs - a sense of right and II. History of Medical Ethics C. Autonomy wrong - with a sense of the provider's duty toward others. III. Ethical Behavior D. Beneficence Healthcare ethics covers how providers treat patients IV. Nature of Ethics E. Non-Maleficence F. Justice Ethical Theories VII. Terms Related to Ethics Utilitarianism It is an ethical theory that considers an action as morally right REFERENCES: if its outcomes or consequences are good for tire greatest https://clipboardhealth.com/how-the-4-principles-of-health-care-ethics- number of the population. improve-patient-care Deontology Professional Ethics is an ethical theory that uses rules to distinguish right from Professional ethics are principles that govern the behavior of wrong a person or group in a business environment. Like values, professional ethics provide rules on how a person should act 4 Principles Of Health Care Ethics towards other people and institutions in such an environment. Autonomy Professional Respect a person's freedom to choose what's right for them 1.) a person engaged or qualified in a profession 2.) a person engaged in a specific activity, especially a sport, as Beneficence a main paid occupation rather than as a pastime 3.) a person competent or skilled in a particular activity. All choices for a patient are made with the intent to do good Non-Maleficence Ethics Do no harm The term ethics may refer to the philosophical study of the concepts of moral right and wrong and moral good and bad, Justice to any philosophical theory of what is morally right and wrong or morally good and bad, and to any system or code of moral Treat and provide care fairly to all patients rules, principles, or values. The last may be associated with particular religions, cultures, professions, or virtually any other Terms Related To Ethics: group that is at least partly characterized by its moral outlook. HABIT “Without ethics, man has no future. This is to say, mankind an acquired mode of behavior involving the tendency to without them cannot be itself. Ethics determine choices and repeat and reproduce certain actions actions and suggest difficult priorities.” - John Berger CUSTOM ordinary or usual manner of doing or acting the habitual Importance Of Professional Ethics practice of the community people 1.) Workplace ethics promotes teamwork and cooperation IDEALS 2.) Workplace ethics fosters a positive public image standards pertaining to perfection 3.) Workplace ethics protect company assets. ETIQUETTE 4.) Workplace ethics provides emotional security. form of ceremony or decorum and social graces TRADITION History Of Medical Ethics CODE OF HAMMURABI a custom so long continued that it has almost assumed the force of law - 1st Recorded set of laws in human history AUTONOMY HIPPOCRATES - Greek physician who wrote the Hippocratic Oath. (prescribe person's self-reliance only beneficial treatment acc to abilities and judgement) BENEFICENCE - Consider the father of medicine. Doing good, active promotion of good and kindness HIPPOCRATIC OATH CONFIDENTIALITY - an oath historically practiced by physicians. Implies privacy THOMAS PERCIVAL - an English health reformer and medical doctor published a document describing the qualifications and duties of medical professionals. coined the term "ETHICS & JURISPRUDENCE" zxy - 1 DOUBLE EFFECT some actions may produce both good and bad effect CRITERIA: - Act is good - Intent is good - Good effect is not achieved by means of evil effect - Good effect must be more important than the bad effect JUSTICE equitable, fair, or just LEGAL RIGHTS rights of individuals or groups that are established and guaranteed by law MORAL RIGHTS rights of groups/ individuals that is usually asserted based on moral principles or rules MORALITY widely shared social conventions about right and wrong human conduct MORALS accepted customs or habits of right living and conduct in a society NONMALEFICENCE ethical principle which places high value on avoiding harm to others PATERNALISM attitude that prompts healthcare workers to make decisions regarding a person's care without consulting the person affected ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Responsibilities of Radiologic Technologist SPC BSRADTECH 2A ANAJAO 1ST SEMESTER | PRELIMS Classification Of Defective Contract 1.) Voidable/Annullable Contract OUTLINE 2.) Void/Inexistence Contract 3.) Unenforceable Contract - Those which cannot be enforced in the court because I. Responsibilities of a II. Legal Matters Relevant To of the existence of the following reasons: Radiologic Technologist Radiologic Technologists - They were entered into the behalf of another w/o A. To Patients A. Contract authority or in excess of authority B. Law - There's non-compliance with the statue of frauds C. Terminologies - Both contracting parties are incapacitated 4.) Rescissible Contract REFERENCES: Law Rule or civil conduct prescribed by civil court Sources Of Law 1. Constitution – Presidential Decree, Republic Act. Responsibilities of a Radiologic Technologist 2. Legislature – Made by Congress 1.) To promote health 3. Judiciary – Department of justice, Supreme Court 2.) To prevent illness 4. Administrative – Executive power of President 3.) To restore health 4.) To alleviate suffering Legal Aspect 1. Civil Law – private laws To Patients: 2. Criminal Law – any crime 1.) Radiologic/X-ray technologists are responsible to those 3. Administrative Law – government agencies people that require nursing care 2.) Promotes an environment in which the values, customs and Terminologies spiritual beliefs of the individual are respected 3.) Needs confidence, personal information and uses judgment in MORAL PRINCIPLE sharing this information right from good OBLIGATION Legal Matters Relevant To Radiologic Technologists Act of binding oneself to do something JURISPRUDENCE Contract Philosophy of science of law An agreement mutually arrived by two or more individuals to LAW do a particular thing in exchange for some consideration established by Supreme Law Types Of Contracts PUBLIC LAW 1.) Formal Contract – in compliance of laws (properties/ cheques) Law in which the government is directly involved 2.) Informal Contract – not required by law (debts/loans) PRIVATE LAW 3.) Express Contract – listing agreement (verbal) Regulates the relationship among people 4.) Implied Contract – acceptance of benefit from a party CONSTITUIONAL LAW State the principle and provisions for establishment of specific Requisites Of Contract law Two or more people participate LEGISLATURE Consent - freely given Object or subject matter must be specified Responsible for enacting laws STATUTORY LAW Cause of obligation is established In every obligation, there's always a corresponding right Law enacted by this body Contracting parties must have the legal capacity in entering a JUDICIARY SYSTEM contract Responsible for reconciling controversies and conflicts Below 18 y/o, immediate relative will sign the contract COMMON LAW Parties must be in sound mind Body of law and accumulated decision They must not in any way be forced in contract ADMINISTRATIVE LAW Parties involved must consent to the contract Made by the executive law of government Breach Of Contract Where a contract exists and either party violating its terms Prevention of performance Failure to perform because of inconvenience or difficulty Abandonment of duty zxy - 1 ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Code of Ethics SPC BSRADTECH 2A ANAJAO 1ST SEMESTER | PRELIMS ARTICLE II Responsibility to Patients OUTLINE Section 1. Radiologic Technologists and X-ray Technologists shall provide patient I. Article I III. Article III care in accordance with the accepted professional and ethical (Responsibility to the Public) (Responsibility to Colleagues, standards. A. Section 1 Allied Health Professionals and B. Section 2 Health Institutions) Section 2. C. Section 3 A. Section 1 They shall respect the dignity, privacy and right to self-determination of D. Section 4 B. Section 2 the patients. E. Section 5 C. Section 3 II. Article II D. Section 4 Section 3. (Responsibility to Patients) E. Section 5 They shall provide patient car, without discrimination, by reason of age, A. Section 1 F. Section 6 race, creed, sex, socio-economic status, religious or political belief or B. Section 2 G. Section 7 nature of disease/ illness. C. Section 3 H. Section 8 D. Section 4 I. Section 9 Section 4. E. Section 5 IV. Article IV They shall possess such degree of technical knowledge and skills, F. Section 6 (Responsibility to Self) reflective of their competence in the field. G. Section 7 A. Section 1 H. Section 8 B. Section 2 Section 5. C. Section 3 They shall advocate the best interests and safety of the patients as well D. Section 4 as of the entire health care team by ensuring that the radiation E. Section 5 exposure is kept at a minimal. F. Section 6 Section 6. They shall uphold the principle of informed consent. REFERENCES: https://www.prc.gov.ph/sites/default/files/RADIOLOGIC%20TECHNOL Section 7. OGY-CodeEthics-2014-02.pdf They shall hold in confidence all information obtained in the course of their professional practice and shall only disclose such information in Philippine Code of Ethics for Radiologic Technologists accordance with the law and principles of medical ethics. Professional Regulatory Board Of Radiologic Technology Section 8. Revised Code Of Professional Ethics For Radiologic They shall only provide services for which they are qualified by virtue of Technologists And X-Ray Technologists their education, training and experience. ARTICLE I ARTICLE III Responsibility to the Public Responsibility to Colleagues, Allied Health Professionals and Health Institutions Section 1. Radiologic Technologists and X-ray Technologists shall acknowledge Section 1. the supreme authority of the Philippine Government and shall adhere to Radiologic Technologists and X-ray Technologists shall take diligent the Philippine Constitution, Republic Act No. 8981, otherwise known as care of the radiologic equipment/ modalities that are assigned to them the PRC Modernization Act of 2000, Republic Act No. 7431, or the and shall make use of them appropriately and effectively according to Radiologic Technology Act of 1992, other pertinent laws as well as the the accepted standards of practice. implementing rules and regulations promulgated pursuant to such laws. Section 2. Section 2. They shall show respect and support to their colleagues and other They shall promote public interest and welfare at all times. members of the healthcare team. Section 3. Section 3. They shall observe the highest standards of competence and ethics in They shall apply sound judgment in the exercise of their profession and the practice of the profession. assume responsibility for their own decision/s. Section 4. Section 4. They shall be involved in civic affairs by participating in the activities of They shall assist the radiologist and referring physician in the relevant organizations to enhance their well-being and that of their administration of radiologic procedures for the diagnostic and community. therapeutic management of patients. Section 5. Section 5. They shall commit to serve their fellow men, with justice, good faith and They shall recognize that interpretation and diagnosis of radiologic respect for human rights. procedures are beyond the scope of their professional practice. zxy - 1 Section 6. They shall NOT, directly or indirectly, assist, tolerate, aid or abet any unauthorized practice of the profession. Section 7. They shall report to the Professional Regulatory Board of Radiologic Technology or other appropriate authorities, any violation of Republic Act No. 8981, Republic Act No. 7431, their implementing rules and regulations, and this Code of Professional Ethics. Section 8. They shall keep their reputation above reproach and shall maintain proper decorum in all their actuations to gain public esteem and respect for the profession. Section 9. They shall NOT debase or demean the reputation, competence, and capability of a colleague to aggrandize themselves. ARTICLE IV Responsibility to Self Section 1. Radiologic Technologists and X-ray Technologists shall endeavor to undertake activities that will foster their professional development, which shall include pursuing Continuing Professional Education and Development (CPE/CPD), to upgrade the standard of their practice as radiologic technologists and x-ray technologists. Section 2. They shall take active part in relevant activities organized by professional organizations/ societies. Section 3. They shall share acquired knowledge and skills on the latest practices and procedures related to radiologic technology or ray technology to their colleagues and other health professionals. Section 4. They shall not render professional service under the influence of alcohol, drugs, other similar substance or under any condition that might compromise the effective delivery of health care service to the patient. Section 5. They shall avoid conflict of interest or any action that might discredit the profession. Section 6. They shall be entitled to a just and fair compensation for services rendered. Section 7. They shall not allow their names or Certificates of Registration to be advertised or used by any person or organization, unless with their written consent. ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Ethical and Legal Issues in Health Care SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS Common types of Medical Malpractice Failure to diagnose a serious condition OUTLINE Surgical errors Incorrect treatment of a medical condition Birth injuries I. Most Common Legal Health Cancer misdiagnosis Issues Medication errors A. Patient confidentiality Bedsores B. Patient Relationship Anesthesia errors C. Malpractice Dental mistakes D. Negligence Failure to prevent or treat infections E. Informed Consent F. Access to Quality Types Of Medical Malpractice Health Care Malpractice takes many forms. Some types of negligence are harder to recognize, especially when the patient does not discover the harm until weeks, months, or even years later. REFERENCES: Doctors, nurses, technicians, or other health care practitioners https://www.blockotoole.com/negligence/types-of-negligence/ can commit negligent acts that cause patients to suffer https://brainly.ph/question/16277789 serious consequences. https://callsam.com/blog/types-of-medical-malpractice/ Failure to diagnose a serious condition Ethical and Legal Issues in Health Care The most frequent form of malpractice is a misdiagnosis or failure to diagnose a condition that can cause serious harm. Most Common Legal Health Issues For example, suppose a doctor or technician fails to diagnose 1. Patient confidentiality a fractured knee or ankle during an emergency room visit. As 2. Patient Relationship a result, the patient could lose mobility in the affected leg 3. Malpractice and/or face a lifetime of chronic pain. Furthermore, failing to 4. Negligence diagnose a serious disease can cause severe illness or death. 5. Informed Consent 6. Access to Quality Health Care Surgical errors Many types of medical malpractice involve surgical errors. *Legal issue – anything that happens that has a legal implication Such mistakes can range from operating on the wrong patient specially inside the hospital and may need the help of a lawyer or body part to failing to provide adequate post-surgical care. In addition, unsanitary conditions can cause illness and Patient's Confidentiality serious infections. Anyone legally authorized to make health care decisions for a person lacking such capacity has the same right of access to Incorrect treatment of a medical condition the person's personal medical information. Health care A patient may experience deadly consequences when a practitioners should routinely disclose their practices physician provides the wrong treatment of a critical illness or regarding privacy of personal medical information. injury. This also applies to doctors who fail to provide Protect patients’ privacy treatment for a patient’s condition. - Politicians that are in public eye Birth injuries Patient Relation With Health Care Professionals A birth injury can result when a doctor or technician makes an Inappropriate intimate relationship between a healthcare error during pregnancy, labor and/or delivery. The most provider and patients is not allowed common type of birth injury is cerebral palsy, which may result when a newborn is deprived of oxygen during the birth Malpractice process. Other mistakes that may cause birth injuries are A dereliction of professional duty or a failure to exercise an improper monitoring or failing to perform a C-section when ordinary degree of professional skill or learning by one (such necessary. as a physician) rendering professional services which results in injury, loss, or damage Cancer misdiagnosis Malpractice takes many forms. When a doctor misdiagnosis a serious disease such as Improper or negligent medical treatment of a person under a cancer, the consequences can be fatal. Patients whose medical professional care cancer is detected and treated in the early stages have higher Failure to act as healthcare provider/ did not provide standard survival rates. Therefore, if a patient is not diagnosed when of care to patients symptoms first appear, the disease is likely to progress to a Mal – Bad (Bad practice) stage where treatment is no longer effective. - Radiation in RadTech (pregnant patients’ reminder) - Nurse (unable to provide care causing injury)  Medication errors - Specifically, when an injured victim was partially at fault Many malpractice claims involve errors in prescribing and because of their own negligence, the court may assign a administering medication. A doctor may prescribe the wrong percentage of fault to both the injured victim and the drug or dosage. In addition, a pharmacist may misread a defendant. prescription and provide the wrong medication to the patient. 3. Contributory Negligence Further, a patient can have a life-threatening reaction if a - Contributory negligence is a common law tort rule which doctor fails to check for drug allergies or interactions with bars plaintiffs from recovering for the negligence of existing medications. others if they too were negligent in causing the harm. 4. Vicarious Negligence Bedsores - Liability that a supervisory party (such as an employer) Also known as pressure ulcers, bedsores form when a patient bears for the actionable conduct of a subordinate or is left in the same position for too long. Bedsores, which are a associate (such as an employee) based on the relationship sign of neglect or inadequate care, are commonly seen in between the two parties. See respondent superior hospitals and nursing homes. If left untreated, bedsores can become infected and lead to more serious health problems. Informed Consent The process in which a health care provider educates a Anesthesia errors patient about the risks, benefits, and alternatives of a given If an anesthesiologist or nurse anesthetist makes a mistake, it procedure or intervention. The patient must be competent to can cause permanent injury, brain damage or even death. make a voluntary decision about whether to undergo the Common errors include failing to review the patient's medical procedure or intervention. Informed consent is both an ethical history or improperly monitoring vital signs during surgery. and legal obligation of medical practitioners Dental mistakes Types of Informed Consent Like physicians, dentists and oral surgeons can also make 1. Signed/Written Consent harmful mistakes. A patient can suffer serious harm if a 2. Online Consent dentist misdiagnoses oral cancer or makes a mistake when administering anesthesia. Failure to prevent or treat infections Sample Of Medical Informed Consent Hospital patients develop infections more often than we imagine. And, for the elderly or those with compromised Implied Consent immune systems, any infection can turn life-threatening. In - Participation in a certain situation is sometimes considered addition, many of today's infections, known as "superbugs," proof of consent. are resistant to traditional antibiotics. Some infections are Explicit Consent caused by negligence, such as unsanitary conditions or - Known as direct or express consent, is when an individual is implements. Further, patients can become ill when staff presented with a decision on whether they authorize the members ignore infection prevention protocols such as collection, use, and/or disclosure of their personal information handwashing and wearing masks. before data is collected. Active Consent Negligence - Refers to a consumer being given a specific statement to A failure to behave with the level of care that someone of agree on and they show their consent by "actively" agreeing. ordinary prudence would have exercised under the same This can be defined as another form of explicit consent. circumstances. The behavior usually consists of actions but Passive Consent can also consist of omissions when there is some duty to act. - Can be seen as another type of implied consent where the consumer is assumed to have consented unless they Common Medical Negligence explicitly state otherwise. Incorrect medication prescriptions or administration of drugs. Opt-Out Consent This can occur when a patient is prescribed the wrong drug - The ability to decline consent at any point. For example, you for their illness, receives another patient's medication, or visit a website that clearly gives you an option to decline your receives an incorrect dosage of medication. consent. If the consumer proceeds further without clearly declining the consent, consent is granted. This type of Examples Of Medical Negligence consent is usually done in writing. 1. Failure in Diagnosis 2. Providing Low-grade Treatment Access to Quality Healthcare 3. Negligence in Providing Care Health care access is the ability to obtain healthcare services Different Types Of Negligence: such as prevention, diagnosis, treatment, and management of 1. Gross Negligence diseases, illness, disorders, and other health-impacting - Gross negligence is a lack of care that demonstrates conditions. For healthcare to be accessible it must be reckless disregard for the safety or lives of others, which affordable and convenient. is so great it appears to be a conscious violation of other people's rights to safety. - Gross negligence is a heightened degree of negligence representing an extreme departure from the ordinary standard of care. - It is defined as willful, wanton, and reckless conduct affecting the life or property or another, it implies a thoughtless disregard of the consequences and the failure to use even slight care to avoid harming the life or property of another. 2. Comparative Negligence - Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident. ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Parameters of Legal Responsibility SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS Legal Aspect And The Radiologic Technologist OUTLINE DOCTRINE OF FORCE MAJEURE - An irresistible force, one that is unforeseen or inevitable DOCTRINE OF RESPONDENT SUPERIOR - Let the master I. Criminal Liability III. Legal Aspect and the Radiologic answer for the acts of the subordinate A. What Determines Technologist IGNORANTIA JURIS NON EXCUSAT Criminal Liability? A. Doctrine Of Force Majeure DURA LEX SED LEX II. Circumstances Which B. Doctrine Of Respondent NULLUM CRIME NULLA POENA SINE LEGE Affect Criminal Liabilities Superior A. Justifying C. Ignorantia Juris Non Excusat FELONIES B. Exempting D. Dura Lex Sed Lex Acts or omissions punishable by law and they may be C. Mitigating E. Nullum Crime Nulla Poena committed not only by means of deceit but also by fault D. Aggravating Sine Lege IV. Felonies Classification of Felonies According to Means by Which they are A. Classification of Felonies Committed INTENTIONAL FELONIES Deceit (Dolo) REFERENCES: - the act is performed, or the omission incurred with deliberate https://www.blockotoole.com/negligence/types-of-negligence/ intent or malice to do an injury. https://brainly.ph/question/16277789 - Crimes or offenses that are intentionally carried out to cause https://callsam.com/blog/types-of-medical-malpractice/ harm and injury to others CULPABLE FELONIES Fault/Guilt (Culpa) Parameters of Legal Responsibility - The act is performed without malice. - There is no intention to harm others, but the harm was still Criminal Liability done either through negligence, lack of skill, or even through In simplest terms, when you are "criminally liable," it means the ignorance of the law you may be held legally responsible for breaking the law. This can be potential or actual responsibility-meaning that you actually committed the crime, or that you are simply suspected of committing it. If the liability is proven in court, you will be held responsible for the crime and sentenced accordingly. In cases of criminal liability, the government believes you may have committed a criminal act, and the government prosecutes the case in court. What Determines Criminal Liability? In plain English, this means in order to prove that you are criminally liable, the prosecution must prove "beyond a reasonable doubt" not only that you committed the crime, but that you intended to do it. However, certain exceptions exist where "strict liability" is enforced, meaning that you can be held liable for the crime regardless of your intentions. For example, you may be convicted of selling alcohol to a minor whether or not you knew the person's age. You can also be ticketed for speeding even though you didn't know you were exceeding the speed limit. Your experienced criminal defense attorney can advise you on whether your alleged offense is a strict liability offense. Circumstances Which Affect Criminal Liabilities JUSTIFYING - Under which the law justifies a person from criminal liability for the commission of a crime EXEMPTING - Circumstances under which the law exempt a person from criminal liability for the commission of a crime MITIGATING - Those which do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree or normal culpability AGGRAVATING - Those attending the commission of a crime which increase the criminal liability of the offender or make his guilt more severe ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY First Board Of Radiologic Technology SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS OUTLINE I. History III. Resolutions II. Board of Radiologic A. Resolution #1 Technology B. Resolution #2 A. Chairman C. Resolution #3 B. Radiologic D. Resolution #4 Technologist C. Radiologist D. Physicist REFERENCES: https://www.blockotoole.com/negligence/types-of-negligence/ https://brainly.ph/question/16277789 https://callsam.com/blog/types-of-medical-malpractice/ First Board Of Radiologic Technology History The Board of Radiologic Technology was created on February 27, 1992, by virtue of Republic Act No. 7432 also known as the "Radiologic Technology Act of 1992. The first Board was composed of Fortunato C. Gabon Jr. as Chairman with Jose T. Gaffud, Editha C. Mora, Dexter R. Rodelas and Dr. Eulinia M. Valdezco as Members. The Rules and Regulations governing the examination, registration, licensure, and practice of radiologic and x-ray technology was promulgated on September 20, 1993. The Board conducted its first fully computerized licensure examinations on December 27, 1993, the results of which were released on April 9, 1994. Board Of Radiologic Technology 1ST CHAIRMAN - Fortunato C. Gabon (001) RADIOLOGIC TECHNOLOGISTS - Dexter Rodelas (002) - Editha C. Mora (003) RADIOLOGIST - Jose T. Gaffud PHYSICIST - Eulinia M. Valdezio Resolution RESOLUTION #1 - April 9, 1994 RESOLUTION #2 - Adaptation of seal/logo for Board of RT - May 12, 1993 RESOLUTION #3 - Registration as RT of 3 members of the Board RESOLUTION #4 - Reschedule of XT & RT Licensure - Examinations from December 1993 to - June 26 & 27 1993 (First Exam) ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Patient Confidentiality SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS Breach of Confidentiality OUTLINE A breach of confidentiality is a disclosure to a third party, without patient consent or court order, of private information that the physician has learned within the patient-physician I. Introduction D. Personally Identifiable relationship. A. Confidentiality in Information Disclosure can be oral or written, by telephone or fax, or Practice E. Guideline to Protect electronically, for example, via e-mail or health information B. Confidentiality Laws Patient Information networks. C. Health Care Providers F. Breach of Confidentiality - Telephone - Mail - E-mail REFERENCES: - Memo Patents; "providing hippa compliant targeted advertising to patient' in - Others... patent application approval process. (2013). Marketing Weekly News, 283. Retrieved from Proquest. What To Do When Violations Take Place If there are any violations made by fellow employees or Patient Confidentiality outside entities, it needs to be reported immediately to supervisor. Introduction Individuals who do not adhere to HIPAA policies and This workshop on confidentiality is designed to increase procedures can be fined regardless of whether or not they awareness of their responsibilities regarding privacy of patient knowingly violated the act. records. The minimum penalty for a HIPAA violation where the What can health care professionals do to improve their practices in the individual did not know he violated HIPAA is $100 per confidentiality of patient’s health care information? violation. The annual maximum for the minimum penalty amount is $25,000 for repeat violations Confidentiality In Practice Goals Promotes awareness of confidentiality laws and requirements, and district policy. Advocates compliance with procedures regarding, health care records, and the concept of HIPPA Exercise the caution use of all documented and electronic medical records. Being sensitive to violations of confidentiality in verbal exchanges with others. Know Confidentiality Laws HIPPA - Health Insurance Portability And Accountability Act was introduced to help prevent access to confidential information of patients by unauthorized people. Health care providers and health care professionals would need to receive their HIPAA training so that they are able to comply with the requirements that are specified by the Act. Health Care Providers Health care providers are those who store healthcare records in electronic form, healthcare clearing houses handle the billing needs of the providers. All Health care providers must attend annual HIPPA training sessions. Any healthcare provider that electronically stores, processes or transmits medical records, medical claims, remittances, or certifications must comply with HIPAA regulations Personally Identifiable Information HIPAA requires that all patients be able access their own medical records, correct errors or omissions, and be informed how personal information is shared used Guidelines To Protecting Patient Information Keep medical documentation and electronic information secure. Exercise caution when discussing patient information. Ensure there is a need to know before accessing patient information. Ask supervisor any questions when in doubt. Report any HIPPA violations. ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Torts SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS False Imprisonment - Intent to confine or restrain a person OUTLINE - Actual confinement in boundaries not of the plaintiff's choosing Intentional Infliction of Emotional Distress I. Introduction IV. Unintentional Torts - Outrageous conduct by the defendant II. The Basis of Tort Law A. Negligence - Intent III. Intentional Torts - Severe emotional distress suffered by the plaintiff with A. Intentional Torts the emotional distress being caused by the defendant's against Persons conduct B. Intentional Torts Defamation against Property - Wrongfully harming a person's good reputation Slander: breaching this duty orally Libel: breaching this duty in writing REFERENCES: - The publication requirement https://www.investopedia.com/terms/u/unintentional-tort.asp - Defenses against defamation https://thebusinessprofessor.com/en_US/criminal-civil- o Truth law/unintentional-tort-definition o Privileged communications o Made without actual malice Intentional and Unintentional Tort Invasion of the right to privacy - Use of person's name, picture, or likeness for commercial Introduction purposes without permission Torts are wrongful actions - Intrusion into person's affairs or seclusion Through tort law, society seeks to compensate those who - Publication of information that places person in false light have suffered injuries as a result of the wrongful conduct - Public disclosure of private facts about individual that of/others ordinary person would find objectionable Product liability is a major area of tort law under which Appropriation sellers can be held liable for defective products - Use by one person of another person's name, likeness, A growing body of law is designed to protect the health and or other identifying characteristic without permission and safety and the credit of consumers for the benefit of the user Misrepresentation (fraud) The Basis of Tort Law - Intentional deceit for personal gain Wrongs and Compensation - Elements of fraud One Person or Group Brings Suit against Another o Misrepresentation of facts or conditions with - Obtain compensation (money damages) knowledge that they are false or with reckless - Other relief for harm suffered disregard for the truth Purpose of Tort Law Is to Provide Remedies o Intent to induce another to rely on the - Invasion of protected interests or rights misrepresentation Elements of a Tort o Justifiable reliance by the deceived party - Points that plaintiff must prove to succeed Wrongful Interference - Wrongful interference with a contractual relationship Intentional Torts o Valid, enforceable contract exists between two Requires Intent parties Tortfeasor: The Person Accused o Third party knows that this contract exists - Intended the consequences of an act o Third party intentionally causes either of the two - Knew or should have known that certain /consequences parties to breach the contract would result from an act - Wrongful interference with a business relationship Fall into Two Categories o Defendant knew or had reason to know that a third - Against persons party and the plaintiff are in a business relationship - Against property o Defendant intentionally interfered in the relationship o Defenses to wrongful interference Intentional Torts Against Persons Assault Intentional Torts Against Property - Act intended to cause an apprehension of harmful or Trespass to land offensive contact - Trespass criteria, rights, and duties - Act caused apprehension in the victim that harmful or - Defenses against trespass to land offensive contact is imminent Trespass to personal property Battery Conversion - An intent to cause an unwanted contact - The unwanted harmful contact - Compensation - Defenses to assault and o Consent o Self-defense o Defense of others  Unintentional Tort An unintentional tort refers to an act that is unintended but causes injury, losses, and damages to the victim. When an unintended accident occurs, it can lead to body injury, damage of property or even material loss, such an unintended accident is an unintentional tort Most Common Tort is Negligence. Negligence the most common form of unintentional tort can be proven in court. If a plaintiff files a lawsuit against the defendant to negligence, the plaintiff is required to prove three factors in the court. Duty of Care: - The plaintiff must be able to prove that the defendant owes them duty of care by avoiding careless actions that could result into harm. - The plaintiff must also be able to prove that the defendant provides standard care that a 'reasonable' person would have provided. - The plaintiff must be able to prove that their injuries or losses were caused by the defendant's actions. ETHICS, JURISPRUDENCE, AND CULTURAL SENSITIVITY Legal Doctrines, Professional Standard & Medical Records SPC BSRADTECH 2A ALLYZA ALINEA ANAJAO, RRT 1ST SEMESTER | MIDTERMS Components Of A Medical Record OUTLINE 1. Identification Information One of the first important components you can find in medical records is identification information. Medical records need to I. Professional Standard III. Unintentional Torts have information to help identify who the history belongs to. II. Medical Records A. Negligence For example, your date of birth, name, marital status, and A. Intentional Torts social security number may be noted down. against Persons 2. Medical History B. Intentional Torts Medical history is considered for everyone, even those who against Property have never been to a doctor or hospital. However, most people in the U.S. do have at least some form of medical history, whether large or small. The history can include: REFERENCES: - Allergies https://www.who.int/activities/strengthening-medical-imaging - Treatments https://www.asrt.org/docs/default-source/practice- - Medical Care standards/ps_rad.pdf?sfvrsn=13e176d024 - Present and past diagnosis https://digitalhealth.folio3.com/blog/10-components-of-a-medical- record/ Legal Doctrines Professional Standard Professional standards are a set of practices, ethics, and behaviors that members of a particular professional group must adhere to. These sets of standards are frequently agreed to by a governing body that represents the interests of the group. The main purpose of professional standards is to direct and maintain safe and clinically competent nursing practice. Medical Records The medical record is a legal document providing a chronicle of a patient's medical history and care. Physicians, nurse practitioners, nurses and other members of the health care team may make entries in the medical record. The medical record includes a variety of types of "notes" entered over time by health care professionals, recording observations and administration of drugs and therapies, 3. Medication Information orders for the administration of drugs and therapies, test Medicines a patient is ingesting need to be documented in results, x-rays, reports, etc. their medical record as it could affect their course of treatment. Whether they have tried herbal remedies, illegal substances, or OTC medication, everything should be included. This information may be gathered through patient testimony or through prescriptions from past doctors already on file 4. Family History A patient's family's medical history can play an important role in their health. Many health concerns can be genetic, making them important to add to the file. Some health problems of family members may not be worrisome, however, some hereditary diseases and cancers that may be passed down should be documented. Thus, if it is accessible, a patient's family's medical history is often added to their medical record. 5. Treatment History A person's treatment history is another vital part of the patient's medical record. The treatment history encompasses all treatments they have ever undergone and their results. Some things include: - Chief Complaints - Medical Allergies - History of Illness - Family History - Vital Signs - Immunization History - Physical Examination - Habits include diet, alcohol - Surgical History intake, exercise, drug - Obstetric History use/abuse, smoking, etc. - Developmental History 6. Medical Directives Issue Of Medical Record Number / UID Number Medical directives are crucial documents to outline directions Medical Record Numbering Systems are how we give a by the patient regarding what they want or do not want in case number to Medical Records. they cannot communicate their medical care. These include The MRN should be issued in straight numerical order from the DNR, known as the 'do not resuscitate order, and their the number register commencing with the number 1. For will. example, if the last number given to a patient were 342, the 7. Lab results number issued to the next patient would be 343 and the next Different lab results that the patient has received are all added 344 and so on. to the record. These can be results on lab results related to Manual System In a Computerized System, UID / MR Number cells, tissues, or body fluids. Other reports such as X-Ray and is auto generated and there is OPD visit number & IPD Visit imaging tests produced through mammograms, scans, x-rays, Number UID Number is permanent, but OPD Visit number/ and ultrasounds are all added as well. IPD number may change 8. Consent Forms Patients should be able to make informed decisions about Sequence Of Medical Record their care; thus the physician should let the patient know all Information & identification sheet important information about all medical procedures. Clinical Notes Information includes: Diagnostic reports - Diagnosis Blood Transfusion notes - Recovery chances Nurse Notes - Recommended treatment Informed Consent - Benefits and risks of the treatment X-ray Films are stored Separately - Risks if the treatment is not taken - Success probability if treatment is taken Completion Of Medical Records - Length of recovery time and challenges