Deck 26: Medical Law

Question 1

The term res ipsa loquitur means the

A)thing speaks for itself.
B)employee is responsible for his or her actions.
C)accused must prove innocence.
D)employer is responsible for an employee's actions.

Answer 1

A
The legal doctrine of res ipsa loquitur sometimes arises in cases of medical negligence and is used to switch the burden of proof from the plaintiff to the defendant.Res ipsa loquitur translates to the "thing speaks for itself" and describes how a patient is injured through no fault of his or her own while in the complete control of another.

Question 2

A process by which patients can agree to be treated or refuse to be treated based on information provided by the radiographer about the examination is called _____ consent.

A)implied
B)informed
C)simple
D)inadequate

Answer 2

B
Only when patients have all the information they need to make decisions about their health care will they be able to give an informed consent for examination and treatment.

Question 3

Which of the following is not a legal right of a patient in the radiology department?

A)To know the technologist's name
B)To refuse the radiographic examination
C)To be informed of the possible risks
D)To ask for and receive extra studies

Answer 3

D
When patients enter a health care facility for examination or treatment,they place their trust in health care professionals.This trust includes an assumption that the correct procedures are being performed and that the professional is meeting the appropriate standard of care.Patients always have the right to refuse examinations but do not have the right to request additional studies.

Question 4

As you perform a mammogram on an anxious patient,she asks you to stop the breast compression and examination because it is getting painful.Your responsibility as a professional is to

A)explain to her the importance of compression and continue uninterrupted.
B)release the compression completely and make the exposure.
C)get another technologist to perform the examination.
D)stop the examination at her request and submit the images you have completed.

Question 5

In a legal proceeding,the actions of a radiographer will be judged with regard to his or her compliance with the

A)actions of other radiographers working in the same department.
B)orders of a physician.
C)practice standards for medical imaging and radiation therapy.
D)standards of care of medicine.

Question 6

At a recent professional meeting of radiographers,an attendee stands up at a business meeting and states that the chairperson uses excessive radiation and violates ALARA daily.The person making these statements would be committing an act of

A)civil disobedience.
B)militant disobedience.
C)defamation.
D)fraud.

Question 7

What type of complaint can be filed by patients if they feel they have been touched without permission?

A)Battery
B)Assault
C)Defamation
D)Slander

Question 8

When negligence occurs to a patient,who is responsible for proving injury?

A)Patient
B)Radiographer
C)Doctor
D)Nurse involved in the case

Question 9

Touching a patient without permission is the legal definition of

A)assault.
B)malpractice.
C)battery.
D)perjury.

Question 10

The doctrine of respondeat superior states that the

A)thing speaks for itself.
B)accused must prove innocence.
C)buyer should beware of a medical purchase.
D)employer is responsible for employees' actions.

Question 11

The most common legal claim against health care providers is

A)slander.
B)libel.
C)assault.
D)negligence.

Question 12

Placing a child in a Pigg-O-Stat without the parent's permission may warrant

A)assault.
B)battery.
C)false imprisonment.
D)slander.

Question 13

Restraining a patient without reason may constitute

A)defamation of character.
B)false imprisonment.
C)invasion of privacy.
D)criminal law.

Question 14

A civil wrong that involves individual property rights is called

A)a tort.
B)negligence.
C)defamation.
D)libel.

Question 15

Which of the following is FALSE regarding informed consent?

A)The patient must be competent to sign.
B)The consent form may be obtained after the procedure.
C)The physician named on the consent form is the only physician who can perform the procedure.
D)Any condition stated on the consent form must be met.

Question 16

If bodily harm were to occur to a patient as a result of reckless conduct by the health care provider,this would be deemed

A)battery.
B)assault.
C)defamation.
D)slander.

Question 17

It is the duty of any health care practitioner,including medical imaging personnel,to

A)safeguard patient rights and autonomy.
B)complete examinations at the request of physicians under any circumstance.
C)persuade patients to undergo medical examinations against their wishes.
D)restrain all patient for medical examinations.

Question 18

Which of the following is an example of negligence?

A)Speaking negatively about a patient or his or her family
B)Radiographing the wrong body part
C)Making a patient wait in the reception area for a small bowel study to complete
D)Recording in the patient chart the family's reaction to examination results

Question 19

Written defamation of a person is termed

A)invasion of privacy.
B)criminal law.
C)slander.
D)libel.

Question 20

Getting a speeding ticket from a state police officer on an interstate highway would be a violation of

A)case law.
B)constitutional law.
C)Common Law of England.
D)legislative law.

Question 21

As a radiographer positions an elderly patient for an upright abdominal view,the patient is asked to stand up from his wheelchair.As he does so,the wheelchair moves out from under him,and he falls to the floor,dislocating his shoulder.As the technologist attempts to break his fall,a coworker notes that the wheel locks on the chair were left unlocked.In this situation,

A)a breach of duty has occurred.
B)it would be acceptable to apologize to the patient and perform the examination free of charge to establish goodwill.
C)the technologist will not be held negligent because the wheel locks were most likely defective.
D)the patient's condition contributed significantly to the accident and will most likely prove the technologist innocent.

Question 22

Defamation of a character by speaking poorly of an individual is

A)libel.
B)slander.
C)civil assault.
D)false imprisonment.

Question 23

As you position an adult patient for a skull examination,you begin to position a shadow shield attached to the x-ray tube assembly to protect the patient's thyroid from exposure.While you are doing so,the lead shield falls and hits the patient in the throat.You apologize,and nursing care is administered to the patient to take care of the throat trauma.Eventually,the patient's voice changes,and he contends that the accident led to his throat damage.In the court proceedings,his attorney claims negligence and uses the principle of

A)Radiation physicist
B)Staff technologists
C)Manufacturer of the equipment
D)Hospital and director

Question 24

As you begin a barium study of the colon,the patient states clearly that she wants the examination to stop.A professional imaging technologist should

A)Negligence
B)Defamation
C)Assault
D)False imprisonment

Question 25

In a legal case of negligence,
1)rationale and excuses are balanced against implied damages.
2)a breach of duty has to be identified.
3)the definition of duty has to be identified.
4)standards of practice are not considered.
5)injury has to clearly be identified.
6)injury has to be clearly connected to the negligent act.

A)1,2,3,5,and 6 only."a.respondeat superior."
B)2,3,4,5,and 6 only."b.fraud."
C)1,2,3,5,and 6 only."c.res ipsa loquitur."
D)3,4,5,and 6 only."d.HIPAA violations."

Question 26

The legal doctrine of res ipsa loquitur intends to shift the burden of proof from the plaintiff to the defendant (technologist).It implies that the patient was injured through no fault of his or her own while in the complete control of another.An example of this is a

A) patient marking the wrong body part for surgery while still awake.
B) patient "ripping" her bandages off after surgery because they are painful.
C) patient's skin being torn as he is transferred from a cart to his bed.
D) patient saying something very crude during surgery in a state of anesthesia.

Question 27

Your department has received a new piece of digital radiographic equipment.A radiation physicist has inspected the unit and determined that the output of x-ray exposure is much higher than it should be for various exposure settings.His report indicates this clearly and is submitted to the department director.This new equipment has been expected for weeks and is the only device in the department capable of performing certain examinations.The director insists that the device is completely safe,and the technologists need to use it while applications' training is on site.In this situation,who is responsible for taking corrective action?

A)is required for a chest radiograph.
B)is provided in English exclusively.
C)must be witnessed by someone not involved in the procedure.
D)should not provide patients with alternative procedures or therapies.

Question 28

Acceptable informed consent

A)turn off the barium,clean up the patient,and help her exit the room quickly.
B)record the amount of barium given to the patient and charge her accordingly.
C)insist that she can handle the barium enema and that after you have started,it needs to be completed because you cannot get the barium out.
D)stop the barium,drain as much of it as possible from the patient's colon,and courteously conclude the examination.

Question 29

A technologist who has completed a procedure on a patient leaves the area grumbling,"I hate to do AIDS patients because I am afraid of catching the disease." A member of the housekeeping staff hears the technologist and asks who the AIDS patient is so he can pass the information along to his coworkers for safety reasons.The technologist responds by giving the patient's name and room number.After the incident,housekeeping personnel refuse to clean the room.One person from housekeeping tells the story to members of the housekeeper's church,where the patient is also a church member.After learning of the patient's condition,the church asks the patient not to return to church.What type of complaint might be brought against the technologist?

A)patient marking the wrong body part for surgery while still awake.
B)patient "ripping" her bandages off after surgery because they are painful.
C)patient's skin being torn as he is transferred from a cart to his bed.
D)patient saying something very crude during surgery in a state of anesthesia.

Question 30

All of the following are necessary for a legitimate case of malpractice EXCEPT

A)a clear definition of duty.
B)proof of damages.
C)a clear illustration of one's breach of duty.
D)third-party testimonial as to the inappropriate acts of the defendant.