ETHICS & JURISPRUDENCE
ENDTERM
RADIOLOGIC CODE OF ETHICS
Article 1- Relation with the State and Society
Article 2- Relation with Patients/Client
Article 3- Relation with other Allied Professions
Article 4- Relation to Agency
Article 5- Relation with Oneself
CREED OF RADIOLOGIC TECHNOLOGISTS
I solemnly pledge myself before God and to the
presence of this assembly, that we may serve
humanity with fidelity, honor and objective of the
Radiologic Technology profession to the best of
one’s ability and render service without any mental
reservations to the practice of Radiologic
Technology.
AREAS OF FREQUENT LITIGATION IN
RADIOLOGY
1. Patient falls and positioning injuries
2. Pregnancy
3. Errors or delays in diagnosis
FOR NEGLIGENT TORT LIABILITY, FOUR
ELEMENTS MUST BE PRESENT
1. Duty ( what should have been done)
2. Breach ( deviation from duty)
3. Injury sustained
4. Cause ( as a result of breach)
MALPRACTICE AND NEGLIGENCE
Malpractice – any professional misconduct.
- Doing something that you are not
authorized/licensed/competent to perform
resulting in injuries or non-injurious
consequence.
Ex: Radiographer interpreted the MRI result and
signed in behalf of the radiologists.
Negligence – failure to take a proper care in doing
something.
- Doing of that thing which is reasonably
prudent person would not have done
( commission)
- Or failure to do that thing which a
reasonably prudent person would have done
in similar circumstances ( omission)
EXAMPLES OF MALPRACTICE
Postoperative Complications:
Example: a patient starts to show a signs of
internal bleeding in the recovery room. The incision
is reopened, and it is discovered that the surgeon
did not complete closure of all severed capillaries at
the operation site.
Res Ipsa Loquitor
Which means “the thing speaks for itself”. It refers
to a case in which the doctor’s fault is completely
obvious.
Example: A lung cancer patient has to have a right
lung removed and the surgeon instead removes the
left lung, the patient will most likely sue the
surgeon for malpractice
EXAMPLES OF NEGLIGENCE
Abandonement – a professional who stops care
without providing an equally qualified substitute
can be charged with abandonement.
Example: a labor and delivery nirse is helping a
woman in labor. The nurse shifts ends, but all the
others are busy and her replacement is late for
work.
Delayed Treatment -
Example: Patient shows symptoms of some illness
or disorder, but the doctor decides, for whatever
reasons, to delay treatment, if the patient later
learns of the doctor’s decision to wait, the patient
may believe he has a negligence case.
NEGLIGENCE CASES ARE SOMETIMES
CLASSIFIED USING THE FOLLOWING
THREE LEGAL TERMS:
1. Malfeasance refers to unlawful act or
misconduct.
2. Misfeasance refers to unlawful act that is
done incorrectly.
3. Nonfeasance – refers to failure to perform
an act that is one’s required duty or that is
required by Law.
Gross Negligence
- Acts that demonstrate reckless disregard of life or
limb.
Contributory Negligence
- Instance in which the injured person is a
contributing part to the injury.
FOUR CONDITIONS NEEDED TO
ESTABLISH MALPRACTICE
1. Establishment of standard care.
2. Demonstrated that standard of care was
violated by radiographer.
3. Demonstration that loss or injury was
caused by Radiographer who is being sued.
4. Loss or injury actually occurred and is a
result of the negligence.
PHYSICIAN-PATIENT RELATIONSHIP
-Essential for the delivery of high quality health
care in the diagnosis and treatment of disease.
-Medical ethics
-Patient must have confidence in the competence of
their physician and must feel that they can confide
on her.
PATIENT’S RIGHT
1. Every patient should be treated with
consideration of his worth and dignity.
2. Patient must be provided confidentiality
and privacy.
3. They must have the right to be informed to
make informed consent and to refuse
treatment.
BILL OF RIGHTS/PATIENT CARE
PARTNERSHIP
The American Hospital Association’s (AHA)
Management Advisory presented a Patient’s Bill of
Rights in 1973, then revised and approved by the
AHA Board of Trustees in October of 1992.
THE 1992 PATIENT’S BILL OF RIGHTS
The patient has the right to:
1. Considerate and respectful care.
2. Be informed completely and
understandably.
3. Refuse treatment.
4. Have an advance directive, describing the
extent of care desired.
5. Privacy
6. Confidentiality
7. Review his or her records
8. Request appropriate and medically
indicated care and services.
9. Know about institutional business
relationships that could influence treatment
and care.
10. Be informed of, consent to, or declined
participation in proposed research studies.
11. Continuity of care
12. Be informed of hospital policies and
procedures relating to patient care,
treatment and responsibilities.
The AHA recently replaced the Patient’s Bill of
Rights, and Responsibilities.
THE PATIENT CARE PARTNERSHIP
What to expect during your hospital stay:
- High quality hospital care
- Clean and safe environment
- Involvement in your care
- Protection of your privacy
- Help when leaving the hospital
- Help with your billing claims
LEGAL DOCTRINES APPLIED TO MEDICAL
PRACTICE
1. Imputed Negligence or common responsibilities
2. Contributory negligence
3. Assumption of Risk
4. Last Clear Chance
5. Doctrine of Foreseeability
6. Doctrine of Continuing Negligence
7. Fellow Servant
8. Rescue Doctrine
9. Doctrine of Res Ipsa Loquitor
10. Good Samaritan Law
11. Doctrine of Force Majeure
12. Doctrine of Respondeat Superior
WRITTEN ORDERS ISSUED BY THE
COURT
Summon – written order to appeal in court as a
respondent or defendant.
Subpoena - written order to appeal as witness
Subpoena Duces tecum – written order to appeal as
a witness with the necessary document.
Search Warrant – written order to inspect one’s
property
Warrant of Arrest – written order to obtain a
person
WAYS BY CRIMES MAY BE COMMITTED
1. Through Dolo (deceit)
-the crime was performed with deliberate intent.
2. Through Culpa (fault)
- The crime was resulted from lack of
knowledge and skills, negligence, or lack of
foresight.
- When the wrongful act results from
imprudence, negligence, lack of foresight or
lack of skill.
Conspiracy
- It exists when 2 or more persons come to an
agreement concerning commission of a felony and
decide to commit it.
PERSONS INVOLVED IN A CONSPIRACY
1. Principal
- One who actually performs the crime
2. Accomplice
- One who willingly and knowingly
participates or assist in performing the
crime.
3. Accessories
- Before the act – one, who, without
participating, cooperates in performing the
crime
- After the fact - one who cooperates in
performing the criminal act by
concealing/destroying the evidence/ to
assist a criminal to escape.
PENALTIES FOR CRIMES
1. Arresto Menor- 1 day to 30 days
2. Aerrsto Major – 1 mos and 1 day to 6 mos
3. Prison Correctional – from 6 mos and 1 day
to 6 years
4. Prison Major – from 6 years and 1 day to 12
years
5. Reclusion Temporal – from 12 years and
day to 20 years
6. Reclusion Perpetua – lifetime imprisonment
7. Death Penalty