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Medicolegal Issues for Diagnostic Imaging Professionals, Fourth Edition

By Robert J. Parelli

Auerbach Publications – 2008 – 216 pages

Purchasing Options:

  • Add to CartHardback: $96.95
    978-1-42-008663-8
    September 9th 2008

Description

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 Radiographers has 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 Edition provides 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
  • Teleradiology
  • Twelve 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 able to avoid the scourge of a malpractice suit.

    Contents

    Legal Definitions

    Legal Definitions

    Intentional Torts

    Assault

    Battery

    Assault and Battery

    Answer

    False Imprisonment

    Libel and Slander

    Invasion of Privacy

    Libel, Slander, Invasion of Privacy

    Answer

    Unintentional Misconduct (Negligence)

    Duty (Standard of Care)

    Breach of Care

    Cause

    Injury

    Malpractice

    A State Can Be Liable for False Imprisonment of a Patient

    Review Questions

    Legal Doctrines

    Legal Doctrines

    Doctrine of personal liability

    Personal Liability

    Answer

    Doctrine of Respondeat Superior

    Simpson v Sisters of Charity of Providence in Oregon

    Surgeon and Hospital Liable for Burn from X-Ray Unit

    Doctrine of Borrowed Servant

    Leaving Patient Unattended

    Answer

    Doctrine of Res Ipsa Loquitur

    Ybarra v Spangard

    Res Ipsa Loquitur Instruction Proper in Suit against Surgeon

    Who Cut Bladder

    Hospital Patient Awarded $1290 for X-Ray Injury

    Negligence Found in Patient’s Fall from X-Ray Table

    Answer

    Doctrine of Foreseeability

    Routine Equipment Check

    “The Snitch Law”

    Defective X-Ray Equipment

    Answer

    Review Questions

    Anatomy of a Malpractice Trial

    Anatomy of a Malpractice Trial

    Subpeona

    Subpoena Deuces Tecum — Subpoena of Record

    Trial Procedure

    Jury Function

    Evidence

    Trial Sequence

    Right of Appeal

    Courtroom Protocol

    New Trial for Patient’s Suit against Surgeon

    Answer

    Review Questions

    Hospital Labor Relations

    Hospital Labor Relations

    Employer Contracts

    Staffing

    Answer

    Organized Labor Unions

    Unfair Labor Practices

    Fair Labor Standards Act

    Civil Rights Act of 1991

    Occupational Safety and Health Act (OSHA)

    Equal Employment and Opportunity Act

    Sexual Harassment

    Answer

    X-Ray Technician Should Not Have Been Terminated by

    Hospital for Pregnancy

    State Laws Concerning Labor

    State Fair Employment Practice Act

    Fired Worker Can Sue ‘Understaffed’ Hospital

    Antiinjunction Act (Norris–LaGuardia Act)

    State Workers’ Compensation Statute

    Workers’ Compensation Case

    Answer

    Review Questions

    Risk Management and Liability

    Liability

    Doctrine of Corporate Negligence

    Responsibility of the Professional Staff

    Doctor-Owned Hospital/Clinic Liability

    Good Samaritan Laws

    Hospital Liability and Malpractice

    Injury Reporting and Recording

    Poor Patient Care Causes Back Injury

    Answer

    Improper Communication Situation

    Answer

    Review Questions

    Doctrine of Informed Consent

    The Patient’s Right to Know

    Doctrine of Informed Consent

    Radiologic Procedures Involved in Informed Consent Lawsuits

    Preparation of an Informed Consent

    Verification of Informed Consent

    Legality of Informed Consents

    Rescinding Consent

    Who May Consent?

    Spouse’s Consent

    Minor’s Consent

    Patient Can Sue for Failure to Obtain Informed Consent

    Informed Consent

    Answer

    Informed Consent Situation

    Answer

    Postscripts to Vignettes 13 and 14

    Review Questions

    Ethics

    Ethics

    Distinction between Moral, Ethics, and Law

    Deontology

    Teleology

    Duties

    Principles of Beneficence and Nonmaleficence

    The Right to Autonomy

    Confidentiality

    Liability for Disclosure of Confidential Information

    The HIPAA Privacy rule

    Code of Ethics: American Registry of Radiologic Technologists

    Principle 1

    Principle 2

    Principle 3

    Principle 4

    Principle 5

    Principle 6

    Principle 7

    Principle 8

    Principle 9

    Principle 10

    Rules of Ethics: American Registry of Radiologic Technologists

    Euthanasia

    Humanistic Healthcare

    Comparison between Ethics and Law

    Intoxicated Radiologist

    Answer

    Experimental Radiotherapy

    Answer

    Review Questions

    Patient’s Bill of Rights

    Patient’s Bill of Rights

    Invasion of Privacy Situation

    Answer

    Right of Privacy Situation

    Answer

    Review Questions

    Radiology Service in the Hospital

    The Joint Commission on the Accreditation of Healthcare

    Organizations

    Policies and Procedures

    Requesting Radiologic Services

    Procedures Manual

    Review Patient History

    Answer

    Radiology Reports/Medical Records

    Medicolegal Use of Radiographs

    Ownership of Radiographs

    Policy of Ownership

    Retention of Radiographic Films

    Radiographic Films Used as Evidence

    Marking Films for Identification

    Radiologists Liable for Errors

    Department Policy Situation: Employee Relations

    Answer

    Review Exercises

    Licensure, Certification, and Credentialing

    Credentialing

    Licensure

    Certification

    References

    Answer

    Review Questions

    Medicolegal Concerns for Teleradiology

    Introduction to Teleradiology Advances

    Teleradiology Services Involve Multimedia Communications

    American College of Radiology (ACR) Standard for Teleradiology

    Definition

    Goals

    Qualifications of Personnel

    Equipment Specifications

    Acquisition or Digitization

    Compression

    Transmission

    Display Capabilities

    Archiving and Retrieval

    Security

    Reliability and Redundancy

    Licensing and Credentialing

    Documentation

    Quality Control and Improvement, Safety, Infection Control, and

    Patient Education Concerns

    Legal Issues in Teleradiology

    Security and Confidentiality

    Political Considerations and Turf Issues

    Review Questions

    Forensic Radiology

    Forensic Radiology

    Determining Cause of Death

    Imaging Techniques

    Battered Child Syndrome

    Appendix A: Situations

    Insurance Situation

    Answer

    Teaching Environment Situation

    Answer

    Protecting Personal Property

    Answer

    Search and Seizure

    Answer

    Chapter  4 Disclaimer: “X-Ray Technician Should Not Have Been

    Terminated by Hospital for Pregnancy”

    Glossary of Terms

    References and Further Readings

    Answers to Review Questions

    Index

    Name: Medicolegal Issues for Diagnostic Imaging Professionals, Fourth Edition (Hardback)Auerbach Publications 
    Description: By Robert J. Parelli. 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 Radiographers has been updated and retitled,...
    Categories: Medical & Healthcare Law, Radiology, Rehabilitation Medicine