ETHICS AND ETHICAL BEHAVIOR

Origin and history of medical ethics

-The founding of the american medical association in 1847 was the occasion for the immediate
formulation of standards for an education in medicine and for a code of ethics for practicing physicians.
This code of 1847 included not only “duties of physicians to their patients” but also “obligations of
patients to their physicians,” and not only “duties of the profession to the public” but also “obligations
of the public to physicians.” In 1803, thomas percival in england published his medical ethics: a code of
institutes and precepts, adapted to the professional conduct of physicians and surgeons, which included
professional duties on the part of physicians in private or general practice to one’s patients. From the
19th century to well into the 20th century, societies or associations of medical doctors formulated and
published their own codes of ethics for the practice of medicine.

Methods of moral decision-making

-Methods of moral decision-making are concerned, in a variety of ways, not only with moral decision-
making but also with the people who make such decisions. Some such methods focus on the actions that
result from the choices that are made in moral decision-making situations in order to determine which
of such actions are right, or morally correct, and which of such actions are wrong, or morally incorrect.

A. Virtue ethics: Aristotle

-Virtue ethics is directly applicable to health care ethics in that, traditionally, health care professionals
have been expected to exhibit at least some of the moral virtues, not the least of which are compassion
and honesty.

B. Utilitarian theories: mill(LOON)

-As a normative ethical theorist, mill articulated and defended a theory of morality that was designed to
prescribe moral behavior for all of humankind. According to mill’s utilitarian theory of morality, human
actions, which are committed in moral decision-making situations, are determined to be morally correct
to the extent to which they, on balance, promote more happiness (as much as possible) than
unhappiness (as little as possible) for everyone who is affected by such actions.

C. Deontological theories: kant

- In application to any particular moral decision-making situation, the agent is being asked to entertain
the question of whether the action that one has chosen to commit is sufficiently morally acceptable to
be sanctioned by a maxim, or general principle. A deontological normative ethical theory is one
according to which human actions are evaluated in accordance with principles of obligation, or duty.
The most influential of such theories is that of immanuel kant, whose categorical imperative, as his
fundamental principle of morality, was first formulated as, “act only on that maxim whereby you can, at
the same time, will that it should become a universal law.”

D. Principlism

-Principlism is a commonly used ethical approach in healthcare and biomedical sciences. It emphasises
four key ethical principles of autonomy, beneficence, non-maleficence, and justice, which are shared by
most ethical theories, and blends these with virtues and practical wisdom.

E. Casuistry

-Another method of moral decision-making that explicitly rejects the use of any ethical theory or any set
of ethical principles is known as “casuistry.” This method of moral decision-making is not unlike what is
normally referred to in the western system of jurisprudence as “case law,” which makes almost
exclusive use of what are considered to be “precedent-setting cases” from the past in an effort to decide
the present case.

F. Feminist ethics

-Not unlike the proponents of casuistry, the proponents of what has come to be called “feminist ethics”
shun the use of ethical theories; however, being distinctively different from traditional methodological
approaches to ethics in general, and health care ethics in particular, there is a skepticism concerning
traditional ethical concepts, including the concept of autonomy.

G. The ethics of care

-Like the proponents of feminist ethics, the proponents of the ethics of care have decided that any
methodology of moral decision-making that is based on abstract theories or principles, rights or duties,
or even objective decision-making turns out to be unsatisfying in terms of interacting with others in
moral decision-making situations.

Moral reasoning

Moral reasoning typically applies logic and moral theories, such as deontology or utilitarianism, to
specific situations or dilemmas. Indeed, the term moral dumbfounding describes the fact that people
often reach strong moral conclusions that they cannot logically defend.

INTRODUCTION TO RADIOGRAPHY PRACTICE STANDARDS

Definition

-The practice of radiography is performed by health care professionals responsible for the
administration of ionizing radiation for diagnostic, therapeutic or research purposes.

RADIOGRAPHER SCOPE OF PRACTICE

-All radiographers have a responsibility towards users of your services and a unique individual
responsibility for the optimisation of any ionising or non-ionising radiation dose to individuals and to the
genetic inheritance of the public at large.

ETHICAL CONCEPTS AND PRINCIPLES

Medical ethics is concerned with the obligations of the doctors and the hospital to the patient along
with other health professionals and society. The health profession has a set of ethics, applicable to
different groups of health professionals and health-care institutions.

Practical implications of medical ethics

-Physicians who can describe their ethical concerns and use negotiating skills may be able to change the
organizational policies that produce burnout.

-To help resolve disputes between family, patients, physicians, or other parties. Often, the parties
involved are operating strictly on emotion, which makes it difficult to come to a logical and fair decision.
Ethics adds another dimension to help make decisions.

-To maintain the respect of your patients. Ethical missteps can destroy the bond between doctor and
patient. Patients often implicitly trust their doctors, but once that trust has been breached, it is difficult
to repair.

Ethics, morality, and religion

-Medical ethics differs from morality. Ethics is based on values and reasoning, and it uses persuasion to
get its message across, whereas morality involves adhering to a specific belief system or code of
conduct.It is based on facts and logic, and not religious doctrine. You can still have political opinions and
religious faith, but you will need to set them aside when forming and offering an ethical opinion to those
who do not follow your personal morality.

Medical ethics and the law

-With most malpractice cases, courts examine clinical standards of care and determine whether the
defendant doctor has met them. In many cases, unethical conduct does not rise to the level of medical
malpractice.

Unethical behavior and medical boards

-Medical malpractice cases require some evidence of harm, but this is not the standard for reporting
physicians' conduct to medical licensing boards. Medical boards can and do take action against many
behaviors that are widely considered unethical even when no harm takes place.

Code of professional ethics for radiologic technologist and x-ray technologists

The Code of Ethics is intended to assist in maintaining a high level of ethical conduct and in providing for
the protection, safety, and comfort of patients. Ethics and professionalism are fundamental in providing
good radiographic practice. Radiographers/radiological technologists must develop and maintain an
adequate knowledge of key components of the laws and regulations that affect their patients and
practices.

-Violations process means the legal process that grants authority to the Board of Parole or its designated
authority to adjudicate the alleged Violation to determine if an individual violated his conditions of
Release in an important respect.

The practice of medicine

PATIENT-PHYSICIAN RELATIONSHIPS

-The relationship between a patient and a physician is based on trust, which gives rise to physicians'
ethical responsibility to place patients' welfare above the physician's own self-interest or obligations to
others, to use sound medical judgment on patients' behalf, and to advocate for their patients' welfare.

Prospective patients

-physicians must uphold ethical responsibilities not to discriminate against a prospective patient on the
basis of race, gender, sexual orientation or gender identity, or other personal or social characteristics
that are not clinically relevant to the individual’s care.

Patient rights

-Patients have rights in a medical setting, including the right to care and the right to refuse treatment,
among other important protections. the health and well-being of patients depends on a collaborative
effort between patient and physician in a mutually respectful alliance.

Patient responsibilities

-Provide as complete a medical history as they can, including providing information about past illnesses,
medications, hospitalizations, family history of illness, and other matters relating to present health.

REPUBLIC ACT NO.7431

Radiologic technology act of 1992 is also known as republic act 7431 which defines important radiologic
technology terms, as well as establish duties, rights, functions and responsibilities of the radiologic
technologists.

Right of radiologic technologist and patients

Right- a claim to particular privilege

Responsibility- an obligation on the person to perform some act for which he become accountable

Rights and responsibilities of radiologic technologists is to promote health, prevent illness, restore
health, and alleviate suffering.

Right of patients

As a medical staff they are responsible to those people that requires nursing care, promotes an
environment in which the values, customs and spiritual beliefs of the individual are respected.

Legal matters relevant to radiologic technologists

Contract- an agreement mutually arrived by two or more individuals to do a particular thing in exchange
for some consideration. Types of contracts are formal contract, which cannot be perfected without
special formalities, informal contract which the law does not require special formalities, express contract
where the consent is given expressly in writing or verbally, and implied contract where the consent is
not given expressly but is deducible from the conduct or acts of the parties such as implied agency.
Breach of contract is the failure to perform because of inconvenience difficulty.
Classifications of defective contract are voidable contract where the contract is defective either because
of incapacity to give consent, void contract which produce no legal effect for they do not exist in the
eyes of the law, unenforceable contract which cannot be enforce in the court bc there’s non-compliance
with the statue of frauds, and rescissible contract those validities entered into by the contracting
parties.

Law is the rule of conduct pronounce by a controlling authority which may be enforced. Sources of law
are the constitution, legislature, judiciary and administrative.

-Legal aspect are civil law, criminal law, and administrative law.

TERMINOLOGIES

Obligations is an act of binding oneself to do something.

Jurisprudence is a philosophy of science of law

Public law is a law in which the government is directly involved.

Private law regulates the relationship among people.

Constitutional law state the principle and provisions for establishment of specific law

Legislature is responsible for enacting laws

Statutory law is the law enacted by this body

Judiciary system is responsible for reconciling controversies and conflicts

Common law is the body of law and accumulated decision

Administrative law is made by the executive law of government

Good Samaritan law holds physicians and radiologic technologists harmless when rendering aid to a
person in emergency situation

Narcotic law is a law with its primary purpose to control and suppress the illegal use and distribution of
narcotics.

Will is a legal declaration of a person’s intention upon death

Testator is the one who makes the will

Lawsuit is the legal action in a control of law

Litigation is the process of lawsuit

Plaintiff is a person or govt bringing a lawsuit against another

Defendant is the peson being accused of a tort or crime.

Euthanasia is mercy killing

Mala inse is a an act that is wrongful form the very beginning

Mala prohibita is a law that prohibits the act

Legal right is a claim which can be enforced by legal means against a person whose duty is to respect it

Civil case is the complainant or defendant

Criminal case is the plaintiff or the accuse

Due process is a fair and orderly process which aims to protect and enforce a person’s right

Trial is where facts presented and determined

Summons is a wit commanding an authorized person to notify a party to appear in court to answer a
complaint made against him

Subpoena is an order that requires a person to attend at a specific time and place to testify as a witness

Subpoena duces tecum is a subpoena that requires witness to bring documents/papers in his possession
Hearsay evidence are rumors not admissible as evidence

Perjury is the willful telling of a lie under oath

Dying declaration is considered hearsay unless the dying person is a victim of a crime

Holographic will is a will in which is written, dated and signed by the hand of the testator himself

Cause is a ground of legal action

Consent is the approval, permission or agreement

Consideration is the price, motive o matter of inducement of a contract

Abortion is the expulsion of the product of conception before the fetus is viable

Bill of rights are freedom of worship, speech and vote.

Torts and crimes includes negligence, malpractice, slander, libel, invasion of privacy, assault, battery,
and fraud.

Criminal acts are felony. Misdemeanor, 1st degree murder and 2nd degree murder

Legal aspect and the radiologic technologist

Negligence refers to the commission or omission of an act pursuant to a duty

Felonies are act punishable by law and they may be committed not only y mean of deceit by also by fault

Deceit is the fraudulent withholding or misrepresenting of facts whereby a person is misled to his injury

This also includes decedent, due process of law, undue influence, criminal intent, consideration,
malpractice, doctrine of force majeure which means act of god, doctrine of respondent superior which
means let the master answer, doctrine of res epsa loquitor which means the thing speaks for itself,
ignorantia juris non excusat which means ignorance of the law excuses no one, dura lex sed lex which
means that the law may be harsh but it is still the law, legal maxim which means no crimes if theres no
law punishing it, incompetence and torts.

Intentional torts includes assault, battery, illegal detention, defamation, and invasion of privacy

Unintentional torts includes professional negligence, malpractice and incompetence.

Causes of negligence are carelessness, ignorance and lack of skills.

The four elements of negligence are duty, dereliction, direct causation and damage of injury

Crimes includes larcency which means taking the property of another for his permanent use and
abortion.

Stages of crimes are consummated, frustrated, and attempted

Degree of crimes are grave, less grave, and light.

Crime against honor is defamation which means injury to the honor and reputation of another

Conspiracy is a joint agreement of two or more persons which involves the principal or the mastermind,
the accessories and the accomplices.

Crimes against personal libery and security includes kidnapping, illegal detention and trespassing.

Crimes against public morals includes illegal gambling, indecent exposure, and prostitution.

Circumstances which affects criminal liabilities includes justifying, exempting, mitigating, aggravating
and alternating.

Crimes against persons includes murder, homicide, parricide, patricide, matricide, and infanticide.

Crimes against property includes robbery, arson and sabotage.

Crimes against chastity includes rape, adultery and concubinage

Crimes against the civil status of person includes simulation of birth, substitution of one child to another
and bigamy.

Crimes against public interest includes forgery and perjury

Crimes connected with public office include graft, bribery and corruption

Felonies/ delitos is a an act or omission punishable by the revised penal code

Intential felonies is deceit (dolo/malice)

Cupable felonies is fault or negligence

Kinds of felonies accgd to the degree and attainment of objectives includes attempted felony, frustrated
felony, and consummated felony

Penalties for crimes includes arresto mayor, arrestor menore, prision correctional, prision mayor,
reclusion temporal, reclusion perpetua and death penalty

Article 4 revised penal code of criminal liability states that by any persons performing an act which
would be an offense against persons or property, where it is not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or ineffectual means.

Valid patient consent is that the patient must be of sound mind and legal age, the patient must give
consent freely, and the patient must be adequately informed about the procedure.