1. ETHICS-LAW PART 1© LAW and THE RADIOGRAPHER Presented by
Martina Harris
University of Phoenix

2. ETHICS-LAW PART 1 Objectives
Define Private and Public Law
Identify and discuss types of Intentional Torts
Define Medical Malpractice
Explain the elements of Malpractice
Explain the Radiographers responsibilities

3. LAW DEFINED (IN IT’S SIMPLEST AND BROADEST SENSE)
A SYSTEM OF PRINCIPLES AND RULES DEVISED BY ORGANIZED SOCIETY FOR THE PURPOSE OF CONTROLLING HUMAN CONDUCT

4. LAW A. PUBLIC Can be classified as either: B. PRIVATE
PUBLIC: The body of law which concerns the government of its relations with individuals and business organizations.
PRIVATE: Refers to the rules and principles which define and regulate rights and duties between or among
Persons and private business.

5. LAW
PUBLIC LAW is the body of law which concerns the government and its relations with individuals and business organizations.
PUBLIC: The body of law which concerns the government of its relations with individuals and business organizations.
PRIVATE: Refers to the rules and principles which define and regulate rights and duties between or among
Persons and private business.

6. LAW
PRIVATE LAW is the body of law which refers to the rules and principles which define and regulate rights and duties between or among persons and private business.
PUBLIC: The body of law which concerns the government of its relations with individuals and business organizations.
PRIVATE: Refers to the rules and principles which define and regulate rights and duties between or among
Persons and private business.

7. LAW PUBLIC LAW OR PRIVATE LAW
Which do you think is the body of law which the physicians and Radiologic Technologists would be involved in?
PUBLIC: The body of law which concerns the government of its relations with individuals and business organizations.
PRIVATE: Refers to the rules and principles which define and regulate rights and duties between or among
Persons and private business.

8. LAW CORRECT….. Private Law encompasses: contracts property
and TORT (Malpractice)

9. TORT LAW Black’s law dictionary defines
a Tort as a private or civil wrong or injury from which a court will provide a remedy in the form of an action for damages.

10. TORT LAW The Remedy – is the law of compensation for
accidents that involves damage to a
person or property
IS THE LAW OF COMPENSATION FOR ACCIDENTS THAT INVOLVES DAMAGE TO A PERSON OR PROPERTY

11. INTENTIONAL TORTS Types: ASSAULT – BATTERY –
the THREAT of touching in an injurious way
consists of an unlawful touching of a person without consent

12. INTENTIONAL TORTS ASSAULT – The THREAT of touching in an injurious way
BATTERY – Consists of an unlawful
touching of a person without consent
the THREAT of touching in an injurious way
consists of an unlawful touching of a person without consent

13. INTENTIONAL TORTS Types continued: LIBEL - SLANDER -
LIBEL: written information
SLANDER: Verbal information

14. INTENTIONAL TORTS
Libel and Slander both mean the malicious spreading of information that results in Defamation of Character or Loss of Reputation:
LIBEL = Written information
SLANDER = Verbal information
LIBEL: written information
SLANDER: Verbal information

15. INTENTIONAL TORTS continued
Types continued:
FALSE IMPRISONMENT -
INVASION OF PRIVACY -
False Imprisonment: Unjustifiable detention of a person against his/her will.

16. INTENTIONAL TORTS continued
FALSE IMPRISONMENT – Unjustifiable detention of a person against his/her will.
INVASION OF PRIVACY (IOP) according to legal-dictionary.com –
IOP is “the intrusion of the personal life
of another, without just cause.”
False Imprisonment: Unjustifiable detention of a person against his/her will.

17. Give an example of a type of Intentional Tort in a medical setting
Assault –
Battery –
Libel –
Slander –
False Imprisonment –
Invasion of Privacy –

18. Have your Answers? Review Words YES
READY?
Have your Answers?
Review Words YES

19. Answer to Questions - Torts
Example of each intentional tort could be:
Assault: Frightening a patient, by coming at them with a needle when unexpected.
Battery: Injecting the patient using the needle without consent

20. Answers continued
Libel: Be careful what one writes in the medical record chart.
Slander: Using words like FLK (funny looking kid) can be used in a slander case.

21. Answers continued
False Imprisonment: Cannot restrain a patient without physician orders.
Invasion of Property: Cannot give out information on the patient without patient consent (including to spouse).

22. Unintentional Tort

23. UNINTENTIONAL TORT
Unintentional Torts are acts not intended to do harm but still result in damage to person or property.
Negligence and Malpractice
are usually unintentional torts
Not given proper follow-up instruction after a procedure and the patient was injured or damaged in some way

24. NEGLIGENCE

25. NEGLIGENCE - General Defined:
Negligence occurs when a person commits a wrongful act because of failure to do, what a reasonably prudent person would do in the same circumstances.

26. PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)
Defined
Neglect or Omission of reasonable care
or caution in a relationship between a professional person and a patient/client.
The professional has a duty to provide reasonable care.

27. What are Examples of Common Medical Malpractice Cases?

28. PROFESSIONAL NEGLIGENCE OR MALPRACTICE (Medical)
In the medical field reasonable care
is also recognized as the “Standard
of Care”

29. Malpractice
STANDARD OF CARE
The duty/standard of due care requires all persons to conduct themselves as any average
reasonable person would do in similar circumstances.
The duty/standard of due care requires all persons to conduct themselves as any average
reasonable person would do in similar circumstances.

30. STANDARD OF CARE In Malpractice cases, the standard of care is:
“A physician is bound to bestow such reasonable and ordinary care, skill and diligence as physicians and surgeons in good standing in the same neighborhood, in the same general lie of practice, ordinarily have and exercise in like cases”.

31. STANDARD OF CARE and the RADIOGRAPHER
As a result, what does this mean to the Radiographer?
Within a Scope of Practice we will be judged on how we perform within the city/area we live. Are we performing the correct procedures on the patient? Are we following correct protocols? Does it conform to the standards of the profession?

32. STANDARD OF CARE/Radiographer
A Radiographer or any medical professional can be found negligent in a court of law, if the civil proceedings establish the following four (4) elements:

33. STANDARD OF CARE/Radiographer and NEGLIGENCE
1. DUTY expected of a Radiographer
It must be proved that the radiographer involved has a duty to
the patient. Professional and patient relationship is established
2. BREACH of care
It must be ascertained that the provider has breached the duty owed the patient. Failed to provide the patient with standard
of care sanctioned by our profession

34. STANDARD OF CARE/Radiographer and NEGLIGENCE
3. CAUSATION –
Cause of Injury is by the radiographers negligence
4. DAMAGE
Injury to patient actually occurred.
Example: All radiographic images are included & must be diagnostic
There must be good record keeping and the department protocol
has been followed.

35. STANDARD OF CARE and Negligence
Basically,
A patient must be injured to receive compensation.
A personal injury or tort will usually not be successful in established liability if there are no damages But,...

36. STANDARD OF CARE and Negligence
…A duty to protect another is proportional to
the risk or hazard of a particular activity.

37. STANDARD OF CARE and Negligence
A person is negligent when, without intending any harm or wrong, (s)he does such an act or fails to take necessary precautions so that another person is exposed to unreasonable risk or harm
Example: Leaving side rails down on a stretcher

38. STANDARD OF CARE and Negligence
List the four (4) elements which must be in place for a successful malpractice case?

39. STANDARD OF CARE/Radiographer and NEGLIGENCE
Correct!
1. DUTY
2. BREACH
3. CAUSATION
4. DAMAGE

40. RADIOGRAPHER A RADIOGRAPHER OF SAFE CARE In Summary
THE RESPONSIBILITY OF THE RADIOGRAPHER IS TO BE
A RADIOGRAPHER OF SAFE CARE

41. SAFE CARE - Responsibility
As a Health Care Professional it is, also, the RESPONSIBILITY of the Radiographer to be sure that the study, in question, is appropriate.
Examples:

42. Examples When it is unclear which extremity needs to be radiographed
When the order is non-specific
Removing a cervical collar, when the spine has not been clear
Appropriate patient position, when the patient cannot tolerate the study ordered
Erect versus Recumbent
When the order is incorrect

43. YOU
Your Judgment is the most important tool you have when dealing with and assessing patients. Use this judgment wisely. Whenever you are in doubt, contact your supervisor, protocol or the radiologist &/or physician

44. References
Einstein Law, Inc. Trust your case to a Qualified Malpractice Attorney. Retrieved February 12, from website
Hall, J.K (2002) Law and Ethics for Clinicians. Jackhal Books, Amarillo, TX

45. References
Towsley-Cook, D.A. & Young, T.A. (1999) Ethical and Legal Issues for Imaging Professionals. Mosby, Inc. St. Louis, MI.
Wilson, B.G. (1997) Ethics and Basic Law for Medical Imaging Professionals. F.A. Davis Company Philadelphia, PA.

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