• (a)   may be recognized by custom or formal enactments which a community considers binding upon its members.

• Medical law primarily focuses on __ __

• Protect people

• Correct injustice

• Compensate for injury

• Physicians often practice "__ ___" to avoid lawsuits

• This leads to unnecessary tests and procedures to prevent claims that more could have been done.

• Physicians may avoid ordering effective tests due to high risk of complications.

• Ethics are standards we should follow, while laws are rules we (a)   follow

• The oldest form of law, which evolves over time.

• Includes statutes enacted by federal, state, or local governments, with several classifications.

• is a court made law based on custom and usage, most malpractice laws are made by the courts. The oldest type of law.

• are enacted and enforced by federal or state legislators to help maintain the governments right to uphold social order and protect the rights of individuals.

• are an example of the states (New Hampshire, New Mexico, North Dakota, and Oregon) with approved legislation mandating the licensure of sonographers.

• Criminal

• Administrative

• Civil

crimes against the state or society

(a)  

Serious crimes (murder, rape, robbery) prison terms more than 1 year.

(a)  

crimes punishable by fines or prison terms less than 1 year.  Ex: traffic violations, minor theft

(a)  

a law made by the administrative agencies appointed by  the president or governor

(a)  

• Laws enacted by acts of the legislature

• Occupational Safety and Health Administration (OSHA) directly involves practicing sonography.

Examples: Internal revenue service (IRS), Medicaid

(a)  

• A sonographer leaves a critically ill patient without ensuring that someone will care for them. Failing to care for the patient is a disservice to the patient and it’s a violation of the ___ ___.

Crimes against people

(a)  

• Slander

• Libel

• Contracts

• Trespassing

• Family Law

a wrong committed against an individual or some type of deprivation of a person’s liberty or freedom

(a)  

(a)   tort = strict liability, gross negligence, intentional

Type of (a)   = compensatory, punitive, expenses, lost wages, pain and suffering.

(a)   = negligence of plaintiff, assumption of risk

Inury to (a)   , = wrongful death, assault and battery, mental distress, false imprisonment, privacy, libel and slander

Injury to (a)   = nuisance (public/private), trespass, fraud, product disparagement, unfair competition

• • wrongful act, other than a breach of contract, against a person or property that could result in physical injury, damage to personal property.

• When sonographers fail to meet their professional obligations.

• Majority of suits filed against sonographers

• includes assault, battery, invasion of privacy, and false imprisonment.

• an unintended accidents that leads to injury, property damage or financial loss.

• Defamation of character

• Embezzlement

• Invasion of privacy

• Infliction of emotional stress

• Falsely stating that a patient has a disease and they do not.

• an intentional attempt or threat to inflict injury upon a person, trying to cause harm, creates a reasonable fear of bodily harm.

The harmful, intentional touching of another person (directly or with an object) in a harmful of offensive manner, without their consent.

(a)  

the right to privacy, with respect to one’s personal life.

(a)  

• Intrusion on the patients physical and mental solitude or seclusion.

• Public disclosure of private facts.

• Publicity that places the patient in a false light in the public eye.

Any information discussed that was obtained from the patients’ medical record or from the physician can cause the sonographer to be sued for (a)  

• is the illegal detention of a person without their consent.

• Restraining a patient without their permission.

• Verbally insisting that they remain in place.

• These acts are not intentional but result in injury.

• Negligence is an example. Professional duties must meet accepted standards of care

• duty, derelict, direct cause, and damages.

• (a)   is professional negligence

• In the event of an ___ ___, the person who caused the accident did so inadvertently and typically because he or she was not being careful.

is the most common type of unintentional tort.

(a)  

• Exist when a relationship is established

• The patient has to prove that the sonographer failed to comply with the standard of care (the care that is provided by a person in a given situation).

• an act caused the patient to obtain an injury.

• Compensation given for injuries that resulted from an incident

• is generated from negligence.

• is a negligent act or omission by a medical professional that results in harm done to the patient.

• Sonographers must perform within their (a)   to avoid legal issues

• Performing patient assessments

• Acquiring and analyzing data using ultrasound and related technologies

• Providing a summary of findings to physicians

• Using independent judgment to produce quality diagnostic information

• Sonographers should not act as (a)  

• Some procedures may require a (a)  

• Medical negligence is tied to the

• Sonographers can be held liable by employers for

• enforce standards and can revoke certification.

• Some sonographers purchase (a)   to protect against malpractice claims.

• Treat everyone equally.

• Explain procedures clearly and obtain permission.

• Communicate effectively throughout procedures.

• Know facility protocols, policies, and procedures.

• Practice within your scope of practice.

• Avoid performing untrained procedures

• Ask for help when needed.

• Do not offer medical advice or diagnostic information.

• Keep accurate medical records and documents.

• Follow state and federal regulations, including HIPAA

• Maintain a safe work environment and perform quality assurance.

• Practice universal precautions.

• Protect patient confidentiality.

• Obtain informed consent.

• Use a chaperone when needed.

• Never leave an incoherent or unconscious patient unattended.

• Understand your employer's legal protections.

• Practice ALARA (as low as reasonably achievable

• Properly label images and document alterations.

• Maintain continuing education and stay informed about changes.

• Recognize emergency signs and symptoms.

is a unique area of medical mal-practice law. The patient voluntarily gives the physician through express or implied consent.

(a)  

• the patient consents either verbally or  written.

• is not written or spoken, but an understanding due to circumstances regarding the procedure.

• The patient must be mentally competent.

• Consent to treat a minor is granted by a parent/guardian, if the child is at least 7 or older they may be involved in the process.

• Describe the type of procedure.

• Clearly state the risks versus the benefits.

• Discuss the possible outcomes/problems that could occur.

• Discuss alternative treatments, risks, benefits and outcomes

• Make sure that the consent form is signed by the patient, representative, witnessed and dated (for procedures that usually involves the physician and a nurse)

• Protect those providing emergency care from civil or criminal liability

• Care is given in good faith

• Provider acts within their scope of practice

• Due care is used

• Service is not billed

• Some states may require being a __ __, while others protect those who refuse care

• Generally, these laws do not apply in hospital or clinical settings

• (a)   have legal rights, individual rights are protected

• Informed consent

• Implied consent

• Continuing an exam against their will can lead to ___ and ___ charges

• Standardization of electronic medical records, administrative data, and financial data

• Establishment of unique health identifiers

• Security standards to protect patient confidentiality

• Statutory duty to report

• can specify wishes regarding life-sustaining measures.

• expresses patient’s wishes concerning future medical care

• appoints an agent to act on the patient’s behalf should the patient lose the ability to make decisions.

• (combination of the first two)

• written physician’s order instructing healthcare workers not to perform CPR

• Documentation standards are part of the (a)   Clinical Practice Standards

• Sonogram images are (a)   and are part of the patient’s medical history

• Information gathered from images can be used to construct a (a)  

• You may need to complete (a)   or report safety concerns.

Tort is a type of (a)   law