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Intro- Unit 2 Exam
Legal Issues in Radiation Therapy
| Question | Answer |
|---|---|
| Tort Law is in reference to... | Personal injury |
| Civil Law | body of law dealing with the rights of private citizens |
| Constitutional Law | refers to rights carved out in the federal and state constitutions |
| Administrative Law | made by the executive branch of government, to carry out the aims of the statute law |
| Common Law | decisions based on customs and habits of the area within a particular country or state |
| Assault | an unlawful threat of unsuccessful attempt to bodily harm |
| Give an example of assault | Threatening the patient that you will restrain them if they do not hold still during the treatment. |
| Battery | willful touching of a person or their belongings which may or may not cause harm |
| Give an example of battery | Physically causing harm to a patient on purpose |
| Assault and battery | threatening someone with violence and following through |
| False imprisonment | when a person is restricted in their personal movement within any area without justification or consent |
| Defemation | attacking the "good" name or reputation of another |
| Slander | verbal defemation |
| Libel | written defemation |
| Vicarious liability | shifts legal responsibility onto an individual for the actions of another |
| Trespass | to infringe upon the privacy of another |
| Statute of limitations | an established regulation limiting the period of time within a specific legal action may be taken |
| Intentional Infliction of Emotional Distress (IIED) is aka as? | the tort of outrage |
| IIED | common tort law that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way |
| When suing on the grounds of IIED, what are the 3 things that the plaintiff must prove? | 1.) The defendant has acted intentionally or recklessly 2.) Defendant's act was outrageous and extreme 3.) Such act has caused the plaintiff's emotional distress |
| What 3 ways can communication deter legal action? | 1.) It can help build trust and avoid misunderstanding 2.) It can ensure informed consent has been maintained 3.) It can help avoid documentation errors |
| What is essential if cultural or language barriers are present? | proper/qualified individuals are essential to ensure communication to the patient is accurate |
| Negligence | a mere failure to exercise reasonable care |
| Gross negligence | a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both |
| Comparative negligence | states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the action |
| Give 2 examples of comparative negligence. | 1.) Misdiagnosis because the patient's medical hx was inaccurate 2.) Patient has a medication reaction because they did not disclose all medications they were on. |
| Common negligence in clinical practice | falling short of the standard of reasonable medical care |
| What are 4 common negligence in clinical practice? | 1.) medication errors 2.) diagnosis errors 3.) surgical errors 4.) childbirth injuries |
| Name the 4 elements of negligence in healthcare and what they mean. | 1.) Duty of care - provide adequate treatment 2.) breach- fails to meet their duty of care to the patient 3.) causation- breach must have caused an injury 4.) damages- patient must have suffered injury/loss (can be care, wages, or emotional distress) |
| Doctrine of personal liability | the law does not permit wrongdoers to avoid liability for their own actions, even though someone else may also be held legally liable for the wrongful conduct in question under another rule of law |
| Contributory negligence by the patient | omission, by the patient, to do what is reasonable |
| Respondeat Superior | "let the master speak" A legal document that states an employer is liable for negligent acts of employees that occur while they are carrying out the orders or serving the interests of the employer. |
| Res ipse loquitur | the thing that speaks for itself |
| Who does professional liability insurance cover? | This insurance protects professionals such as accountants, lawyers, and physicians against negligence and other claims initiated by their clients. |
| Why is professional liability insurance required? | Professionals with expertise in a specific area require this type of insurance because general liability insurance policies do not offer protection against claims arising from negligence, malpractice, mistakes or misrepresentation. |
| Who generally provides professional liability insurance coverage? | the company you work for |
| Malpractice | a specific form of professional liability insurance. It is for physicians and other medical professionals to cover any medical misconduct that causes injury or harm to the patient or client |
| In regard to products/equipment when liability is associated, if there is gross negligence or accident on an employee's part what happens? | Gross negligence ---> company would sue Accident ---> company would pay |
| Risk management | links every quality-improvement program with measurable outcomes necessary to determine overall success in reducing patient injury |
| Discrimination in healthcare | defined as negative actions or lack of consideration towards an individual group based on preconceived notions about their identity |
| What are some discriminations in healthcare? | Conscientious objections: due to personable beliefs Gender Race Ethnicity- cultural identity LGBTQ |
| Breach of duty | failure to do what is reasonably expected |
| Breach of contract | deviation from the terms of a legally binding agreement |
| What is considered one of the most hazardous places to work? | the hospital |
| In 2019, U.S. hospitals recorded a rate of _____ work-related injuries to illnesses for every _____ full time employees. | 5.5;100 |
| According to the World Health Organization, what are the most common occupational hazards in the health sector? | occupational infections, unsafe handling, exposure to hazardous chemicals, exposure to radiation, psycho-social risk and mental health, violence and harassment, risk in ambient work environment, occupational injuries, and environmental health hazards |
| Why would a safety program be developed? | to prevent workplace injuries, illness, and deaths, as well as the suffering and financial hardships for workers, their families and employers |
| What are safety programs geared towards? | - to prevent workplace injuries and illnesses - improve compliance with laws and regulations - reduce costs - engage workers -enhance their social responsibility goals - increase productivity and enhance overall business operations |
| PPE Program | equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses |
| Proper equipment training | necessary for accountability and commitment to overall culture of safety |
| Telemedicine pros and cons | pro- improves access to care for patients in rural areas or areas with provider shortages con- lack of physical exam, privacy issues |
| Patient provider secure messages pros and cons | pros- improvement of care coordination, providers more easily reachable, improved communication cons- models between patient provider (tone), provider workload, patient distress (not understanding) |
| Electronic health records pros and cons | pros- accessibility, improved patient care, better patient outcomes, efficiency, statistical data available cons- privacy and security, data accuracy, technical problems, learning curve |
| Patient monitoring systems pros and cons | pros- Improved patient outcomes by early detection and intervention, improved patient engagement, reduced costs, personalized treatment plans cons- data privacy, over-reliance, accuracy, cost, information overload, patient adherence |
| As a student therapist, what is our chain of authority? | 1.) clinical instructor 2.) clinical supervisor 3.) clinical coordinator 4.) program director - highest but should be the last one we contact about the issue if we have gone through everyone else |
| When a patient asks us a question, do we answer? | answer only the questions that you are positively certain of the answers |
| Diagnosis | the act of identifying a disease based on signs and symptoms |
| Prognosis | the prediction of the probable course and outcome of a disease |
| What should you do when explaining the treatment to the patient? | - explain EVERYTHING you do - explain the procedure completely - explain all the ‘strange’ noises - explain when and how you will touch them - explain the visual and audio |
Created by:
lheard
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