A. Torts
Violations of civil law
Also known as personal injury law
Injured parties have a right to compensation for injury
B. Intentional misconduct
1. Assault
a. Patient is apprehensive about being injured
b. Imprudent conduct of radiographer that causes fear
in patient is grounds for an allegation of civil assault
2. Battery
a. Unlawful touching or touching without consent
b. Harm resulting from physical contact with
radiographer
c. May also include radiographing the wrong patient
or the wrong body part or performing radiography
against a patient’s will
3. False imprisonment
a. Unjustified restraint of a person
b. Care must be taken when using restraint straps
or having other individuals assist with holding a
patient still
4. Invasion of privacy
a. Violation of confidentiality of information
b. Unnecessarily or improperly exposing the patient’s
body
c. Unnecessarily or improperly touching a patient’s
body
d. Photographing patients without their permission
5. Libel: Written information that results in defamation
of character or loss of reputation
6. Slander: Orally spreading false information that results
in defamation of character or loss of reputation
7. Manipulation of electronic data that is ethically
wrong and legally questionable:
a. using the wrong processing algorithm
b. altering the exposure indicator
c. cropping/masking anatomy postexposure
C. Unintentional misconduct (negligence)
1. Neglect or omission of reasonable care
2. Based on doctrine of the reasonably prudent person
3. Reasonably prudent person doctrine: Based on how a
reasonable person with similar education and experience
would perform under similar circumstances
4. Gross negligence: Acts that show reckless disregard for
life or limb
5. Contributory negligence: Instance in which the injured
person is a contributing party to the injury
D. Four conditions needed to establish malpractice
1. Establishment of standard of care
2. Demonstration that standard of care was violated by
the radiographer
3. Demonstration that loss or injury was caused by
radiographer who is being sued
4. Demonstration that loss or injury actually occurred
and is a result of the negligence
E. Respondeat superior
1. “Let the master answer”
2. Legal doctrine stating that an employer is held liable
for an employee’s negligent act
F. Rule of personal responsibility: Individuals are responsible
for their own actions
G. Res ipsa loquitur
1. “The thing speaks for itself ”
2. Legal doctrine stating that the cause of the negligence
is obvious (e.g., forceps left inside a patient during
surgery)
H. Charting
1. Using electronic medical record or writing on the
patient’s chart by radiographer
2. Varies by institution
3. Radiographer’s responsibilities in this regard must be
carefully outlined during new employee orientation
4. Write clear statements regarding patient’s condition
and patient’s reaction to contrast agents; write
amount of contrast material injected
5. Must be clearly stated on the chart
6. Information must also include the date and time of
the occurrence
7. Radiographer must sign chart entries using institutional
protocol
8. In case of error, correct electronically or strike over
once and rewrite correct entry; never erase or obscure
erroneous information
I. Radiographic images
1. Radiographic images are legal documents, whether
electronic or on film
2. Images must include the following information:
a. Patient identification
b. Anatomic markings, including left and right
markers
c. Carefully placed markings on each radiograph
using lead markers
d. Date of exposure
e. Markings placed on the image following exposure
may not be legally admissible
3. Retention of images
a. Varies according to state law
b. Normally maintained for 5 to 7 years after the
date of the last radiographic examination (mammograms
and black lung images are kept for the
life span of the patient)
c. Files on minors are normally retained for 5 to 7
years after the minor reaches age 18 or 21, depending
on the state of residence
J. Patient’s rights
1. Patient’s bill of rights from the American Hospital Association
provides for patient consent or refusal of any
procedure; the patient has the right to the following:
a. Respectful care
b. Obtain up-to-date and understandable medical
information regarding diagnosis, treatment, and
likely outcomes
c. Be involved in the decision-making process
throughout diagnosis and treatment
d. Have an advance directive (living will, health care
proxy, durable power of attorney) on file
e. Privacy in all aspects of diagnosis and treatment
f. Complete confidentiality
g. View medical records of the case
h. Expect that a hospital will respond to a request for
needed care and services
i. Be informed of business or educational relationships
that may affect treatment and care
j. Consent to or decline participation in research
studies
k. Continuity of care and other options for care
beyond the hospital
l. Be informed of hospital policies and procedures
related to diagnosis and treatment
m. Be informed of all resources available for resolving
disputes
n. Be informed of charges for services and payment
options
2. Implied consent
a. Provides for care when patient is unconscious
b. Based on assumption that patient would approve
care if conscious
3. Valid consent
a. Also called informed consent
b. Patient must be mentally competent
c. Consent must be offered voluntarily
d. Patient must be adequately informed
e. Patient must be of legal age
f. Requires that radiographer or radiologist carefully
explain all aspects of procedure and risks
involved
g. Requires that explanation be provided in lay terms
the patient understands
4. Health Insurance Portability and Accountability Act
(HIPAA)
a. Passed by US Congress and enacted under rules
and regulations of US Department of Health and
Human Services
b. Hospitals must put in place policies and procedures
regarding the release of patient information
c. Patient must provide clear permission for release
of any information to outside parties (e.g., medical,
financial, employment)
d. Patient must be informed in writing of how the
released information will be used
e. Patient must be allowed to view and copy records
and amend records as needed
f. Any history of information sharing must be disclosed
to the patient
g. Patient must freely provide consent for information
to be shared
h. Patient has the right to restrict sharing of
information
i. Patient may file a complaint regarding a violation
of HIPAA
5. Do not resuscitate order (DNR)
a. Also called no code
b. May be placed on file when the quality of life
has seriously declined or the patient’s condition
is terminal
c. Agreement is between the physician and the
patient (or the designated person holding power
of attorney if the patient is incompetent)
d. The agreement or appropriate notation is made on
the patient’s chart
6. Advance directive
a. Patient provides directives regarding medical care
before becoming incapacitated
b. Patient may do this so that directions are in place
should the patient be unable to communicate
wishes regarding care
c. Copies should be provided to physician, attorney,
family member, and medical record
7. Durable power of attorney
a. Patient provides for another person (personal representative)
to make decisions regarding medical
care if the patient is unable to communicate
b. This personal representative may sign informed
consent forms for the patient
c. The patient and personal representative should
communicate clearly ahead of time the patient’s
thoughts regarding extraordinary methods of
treatment and end-of-life wishes
K. American Registry of Radiologic Technologists (ARRT)
Mission and Standards of Ethics
1. The accompanying box contains the ARRT Mission
Statement, Standards of Ethics Preamble, and Rules
of Ethics
2. The Standards of Ethics promote the goals of the
Mission Statement
3. The Standards of Ethics are comprised of the Code of
Ethics (not listed here) and the Rules of Ethics
4. The Code of Ethics serves as a guide for what radiologic
technologists aspire to become as professionals
5. The Rules of Ethics are mandatory, enforceable, and
carry sanctions for violations
6. The Standards of Ethics also include a section addressing
administrative procedures,
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