MISSISSIPPI GULF COAST COMMUNITY COLLEGE COLLEGE
RADIOLOGIC TECHNOLOGY PROGRAM
RGT 2132 ETHICAL AND LEGAL RESPONSIBILITIES CHAPTER ONE: ETHICAL AND LEGAL FOUNDATIONS FOUNDATIONS
Ethics- the system or code of conduct and morals advocated by a particular individual or group
Ethics are not determined by strict rules or rigid guidelines and can change overtime. Biomedical ethics- branch of ethics dealing with dilemmas faced by medical professionals, patients, and their families families and friends
Seven Principles of Biomedical Ethics: 1) Autonomy- respect for the patient as a person 2) Beneficence Beneficence- performance of good acts 3) ConfidentialityConfidentiality- duty to protect the privacy of the patient 4) Justice Justice- moral rightness 5) Nonmaleficence Nonmaleficence- avoidance of evil 6) Role fidelityfidelity- faithfulness and loyalty 7) VeracityVeracity- obligation to tell the truth and not to lie High ethical standards must be the foundation of professional practice. The American Society of Radiologic Technologists (ASRT) has created the code of ethics for radiologic technology professionals. Ethics is a personal study and investigation. Critical thinking- purposeful, self-regulatory judgment resulting in interpretation, analysis, evaluation, and inference
Critical thinking is a problem-solving tool that allows a person to: Adequately interpret and analyze ethical theories and models • Evaluate the application of those theories and models to a given situation • Plan an appropriate course of action • Attributes of Critical Thinking: Able to cut through pretense and fads • Confident and energetic • Courageous • Decisive • Flexible yet systematic • Honest • Imaginative •
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Intellectually curious and skeptical Objective Open to new ideas and respectful of others’ views Persistent Responsible Willing to take risks and consider novel ideas
Ethics was born of necessity when humans first realized that they required certain behaviors to get along as a group. Values- qualities or standards desirable or worthy of esteem in themselves; they are expressed in behaviors, language, and standards of conduct Personal values are the beliefs and attitudes held by an individual that provide a foundation for behavior and the way the the individual experiences experiences life.
Values specific to a people or culture are known as cultural values. Professional values are the general attributes prized by a professional group.
Imaging professionals must identify what types of values are involved in the decision-making process. Professionalism- an awareness of the conduct, aims, and qualities defining a given profession, familiarity with professional codes of ethics, and understanding of ethical schools of thought, patient-professional patient-professional interaction models, models, and patient rights
Ethics may be divided into three broad schools of thought: 1) Cons Conseq eque uent ntia iali lism sm 2) Deontology 3) Virtu irtuee eth ethiics Consequentialism (teleology) - decisions are based on the consequences or outcomes of a given act; the good of the activity is evaluated based on whether immediate harm is balanced with future benefits Deontology- decisions are based on individual motives and morals rather than consequences and examines the significance of actions themselves; uses personal rules of right and wrong derived from individual actions, relationships of all kinds, and society Virtue ethics- decisions are based on the use of practical wisdom for emotional and intellectual problem solving
Ethical Models: Engineering- provider views patient as a condition or procedure • Paternal/priestlyPaternal/priestly- provider thinks he/she knows what is best for the patients • Collegial- mutual cooperation between provider and patient • Contractual- business relationship in which both provider and patient have obligations, • rights, and responsibilities responsibilities
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Covenantal- agreement between provider and patient grounded in traditional values
One of the most important issues involved in bioethics is patient’s rights. rights. Dowd Model: Assessment of the problem • Isolation of the issues • Analysis of the data • Development of a plan of action • Institution of the plan • Analysis of the outcome • Law- a body of rules of action or conduct prescribed by controlling authority and having binding legal force
The basis for the law in the United States includes common law from England that has been molded and shaped by statutes and judicial decisions. Common law- encompasses principles and rules that derive their authority solely from ancient usages and customs or the judgments and decrees of courts supporting those usages and customs Legislation- all the laws and statutes put into place by elected officials in federal, state, county, and city governments
Branches of the Law Branch Administrative
Area of Responsibility Deals with licensing and regulation
Penalties for Violations Can include suspension and revocation of license
Criminal
Addresses wrongs against the state
Civil
Addresses wrongs committed by one party harming another
Can include fines, restitution, restitution, community service, and incarceration Can include monetary damages to compensate for loss and to punish
Statutory law- all laws enacted by federal, state, county, and city governments Judicial decisions- previous cases that either interpret statutes or adopt and adapt common law principles
Current law is a product of common common law, statutory law, law, and judicial decisions. decisions. It varies from jurisdiction to jurisdiction. jurisdiction. The law is dynamic and can change as society changes. changes. Administrative law determines the licensing and regulation of the practice of imaging professionals and regulates regulates some employee-employer employee-employer relationships. relationships.
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Criminal law seeks to redress wrongs against the state. Civil law attempts to compensate for wrongs committed by one party resulting in harm to another party. Lawsuits involving medical imaging sciences are generally brought under tort law, a subdivision of civil law. The types of torts you might encounter include: Assault • Battery • False imprisonment • Defamation • Negligence • Lack of informed consent • Breach of patient confidentiality • A lawsuit is generally composed of three phases: 1) Pleading phasephase- a complaint is lodged and an answer given 2) Discovery phasephase- the attorneys seek the facts of the case by questioning the involved parties 3) Trial phasephase - the case is presented to a judge or jury for a decision Statues of limitation set forth the time period after the cause of the complaint in which lawsuits can be brought against a physician or other health professional. In a medical negligence lawsuit, the complaint may allege that the defendant has failed to provide treatment, has provided inadequate inadequate treatment, or has committed committed misconduct. It can also allege that the plaintiff has been injured as a result of the action or inaction of the defendant. After the complaint is filed, the defendant must file a written response to the allegations within a specific time frame. This time frame is set by the the court in which the lawsuit lawsuit is filed in. During discovery, both sides can ask questions either verbally or orally that must be answered. When answering these questions the person giving witness is under oath. Written questions will be in the form of interrogatories, requests for admission, and requests for production of documents. documents. Oral questions are answered answered in depositions. depositions. Settlement negotiations would involve involve the attorneys for all those named in the lawsuit as well as the parties themselves. If the lawsuit is not settled and proceeds to trial, any potentially relevant witness will be called to testify, even students. Risk management- the system for identifying, analyzing, and evaluating risks and selecting the most advantageous method for treating them
The goal is to maintain high-quality patient care and conserve the facility’s financial resources.
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Three Primary Goals: 1) Eliminati Elimination on of the causes causes of loss experienc experienced ed by the hospital hospital,, its patients, patients, employees employees,, and visitors 2) Reduction Reduction in the the operation operational al and financia financiall effects effects of unavoidabl unavoidablee losses losses 3) Coverage Coverage of of inevita inevitable ble losse lossess at the the lowest lowest cost Quality assurance- process to assess quality of patient care that uses hospital committees to oversee the quality of various hospital functions
Quality assurance and Risk management are important and have closely related functions in providing high-quality high-quality care.
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