Medicolegal Issues for Diagnostic Imaging

The constant advances in diagnostic imaging have had an impact on the practice, attitudes, and moral values of all who participate in health care. Now in its fourth edition, the original Medicolegal Issues for Radiographershas been updated and retitled, broadening the scope of content to include issues essential to all diagnostic imaging professionals.Medicolegal Issues for Diagnostic Imaging Professionals, Fourth Editionprovides readers with a basic understanding of the important legal definitions, legal doctrines, malpractice and risk management information, ethics and patient rights relevant to the field of diagnostic imaging and the role of the imaging professional. It includes case histories in the form of vignettes that assist readers in applying the principles of law to real work situations. The vignettes can stimulate discussion, raise other related issues, and supply a broadened perspective on the various facets of the questions presented.New in this Edition: Expanded discussion on evidence More detail on the ramifications of the Civil Rights Act of 1991 Updated information on licensure, certification, and credentialing Entirely new discussions on: Morality, ethics, and the law Deontology Beneficence and nonmaleficence Right of autonomy Confidentiality Liability for disclosure of confidential information HIPPA ARRT Euthanasia Humanistic Health Care TeleradiologyTwelve years since its initial publication, this medical legal text remains a bestseller. By reviewing the materials in this seminal volume, imaging professionals, radiologists, and radiologic technologists stay abreast of important legal issues and are better ableto avoid the scourge of a malpractice suit.

Preface	p. xiii
Admonition	p. xv
About the Author	p. xvii
Legal Definitions	p. 1
Legal Definitions	p. 1
Intentional Torts	p. 2
Assault	p. 2
Battery	p. 2
False Imprisonment	p. 4
Libel and Slander	p. 4
Invasion of Privacy	p. 5
Unintentional Misconduct (Negligence)	p. 6
Duty (Standard of Care)	p. 7
Breach of Care	p. 7
Cause	p. 7
Injury	p. 7
Malpractice	p. 8
A State Can Be Liable for False Imprisonment of a Patient	p. 9
Review Questions	p. 10
Legal Doctrines	p. 13
Legal Doctrines	p. 13
Doctrine of Personal Liability	p. 14
Doctrine of Respondeat Superior	p. 15
Simpson v. Sisters of Charity of Providence in Oregon	p. 15
Surgeon and Hospital Liable for Burn from X-Ray Unit	p. 18
Doctrine of Borrowed Servant	p. 18
Doctrine of Res Ipsa Loquitur	p. 20
Ybarra v. Spangard	p. 21
Res Ipsa Loquitur Instruction Proper in Suit against Surgeon Who Cut Bladder	p. 22
Hospital Patient Awarded $1290 for X-Ray Injury	p. 23
Doctrine of Foreseeability	p. 25
Routine Equipment Check	p. 26
"The Snitch Law"	p. 26
Review Questions	p. 29
Anatomy of a Malpractice Trial	p. 31
Anatomy of a Malpractice Trial	p. 31
Subpeona	p. 33
Subpoena Deuces Tecum - Subpoena of Record	p. 33
Trial Procedure	p. 33
Jury Function	p. 34
Evidence	p. 34
Trial Sequence	p. 36
Right of Appeal	p. 36
Courtroom Protocol	p. 36
Review Questions	p. 38
Hospital Labor Relations	p. 41
Hospital Labor Relations	p. 41
Employer Contracts	p. 42
Organized Labor Unions	p. 45
Unfair Labor Practices	p. 46
Fair Labor Standards Act	p. 46
Civil Rights Act of 1991	p. 47
Occupational Safety and Health Act (OSHA)	p. 47
Equal Employment and Opportunity Act	p. 48
X-Ray Technician Should Not Have Been Terminated by Hospital for Pregnancy	p. 51
State Laws Concerning Labor	p. 52
State Fair Employment Practice Act	p. 52
Fired Worker Can Sue 'Understaffed' Hospital	p. 52
Antiinjunction Act (Norris-LaGuardia Act)	p. 53
State Workers' Compensation Statute	p. 53
Review Questions	p. 55
Risk Management and Liability	p. 59
Liability	p. 59
Doctrine of Corporate Negligence	p. 61
Responsibility of the Professional Staff	p. 62
Doctor-Owned Hospital/Clinic Liability	p. 63
Good Samaritan Laws	p. 63
Hospital Liability and Malpractice	p. 64
Injury Reporting and Recording	p. 65
Review Questions	p. 68
Doctrine of Informed Consent	p. 71
The Patient's Right to Know	p. 71
Doctrine of Informed Consent	p. 71
Radiologic Procedures Involved in Informed Consent Lawsuits	p. 72
Preparation of an Informed Consent	p. 73
Verification of Informed Consent	p. 73
Legality of Informed Consents	p. 74
Rescinding Consent	p. 75
Who May Consent?	p. 75
Spouse's Consent	p. 75
Minor's Consent	p. 75
Patient Can Sue for Failure to Obtain Informed Consent	p. 76
Postscripts to Vignette 13 and Vignette 14	p. 79
Review Questions	p. 80
Ethics	p. 83
Ethics	p. 83
Distinction between Moral, Ethics, and Law	p. 84
Deontology	p. 84
Teleology	p. 86
Duties	p. 87
Principles of Beneficence and Nonmaleficence	p. 87
The Right to Autonomy	p. 88
Confidentiality	p. 90
Liability for Disclosure of Confidential Information	p. 91
The HIPAA Privacy Rule	p. 92
Code of Ethics: American Registry of Radiologic Technologists	p. 92
Principle 1	p. 93
Principle 2	p. 93
Principle 3	p. 93
Principle 4	p. 93
Principle 5	p. 93
Principle 6	p. 93
Principle 7	p. 93
Principle 8	p. 94
Principle 9	p. 94
Principle 10	p. 94
Rules of Ethics: American Registry of Radiologic Technologists	p. 94
Euthanasia	p. 97
Humanistic Healthcare	p. 98
Comparison between Ethics and Law	p. 98
Review Questions	p. 101
Patient's Bill of Rights	p. 103
Patient's Bill of Rights	p. 103
Review Questions	p. 110
Radiology Service in the Hospital	p. 113
The Joint Commission on the Accreditation of Healthcare Organizations	p. 113
Policies and Procedures	p. 114
Requesting Radiologic Services	p. 115
Procedures Manual	p. 115
Radiology Reports/Medical Records	p. 116
Medicolegal Use of Radiographs	p. 117
Ownership of Radiographs	p. 117
Policy of Ownership	p. 117
Retention of Radiographic Films	p. 118
Radiographic Films Used as Evidence	p. 118
Marking Films for Identification	p. 118
Radiologists Liable for Errors	p. 119
Department Policy Situation: Employee Relations	p. 120
Answer	p. 120
Review Exercises	p. 121
Licensure, Certification, and Credentialing	p. 123
Credentialing	p. 123
Licensure	p. 125
Certification	p. 126
Review Questions	p. 129
Medicolegal Concerns for Teleradiology	p. 131
Introduction to Teleradiology Advances	p. 131
Teleradiology Services Involve Multimedia Communications	p. 132
American College of Radiology (ACR) Standard for Teleradiology	p. 133
Definition	p. 133
Goals	p. 134
Qualifications of Personnel	p. 134
Equipment Specifications	p. 135
Acquisition or Digitization	p. 136
Compression	p. 136
Transmission	p. 137
Display Capabilities	p. 137
Archiving and Retrieval	p. 137
Security	p. 138
Reliability and Redundancy	p. 138
Licensing and Credentialing	p. 138
Documentation	p. 139
Quality Control and Improvement, Safety, Infection Control, and Patient Education Concerns	p. 139
Legal Issues in Teleradiology	p. 140
Security and Confidentiality	p. 145
Political Considerations and Turf Issues	p. 146
Review Questions	p. 147
Forensic Radiology	p. 149
Forensic Radiology	p. 149
Determining Cause of Death	p. 150
Imaging Techniques	p. 151
Battered Child Syndrome	p. 151
Situations	p. 155
Glossary of Terms	p. 167
References and Further Readings	p. 173
Answers to Review Questions	p. 177
Index	p. 181
Table of Contents provided by Ingram. All Rights Reserved.

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Medicolegal Issues for Diagnostic Imaging Professionals, Fourth Edition

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