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

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

Question 3

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

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

Answer 3

C

Question 4

Touching a patient on the symphysis pubis for a frontal thoracic spine projection

A) could be viewed as battery.
B) would be viewed by courts as reasonable and prudent.
C) is standard and does not warrant patient permission.
D) None of the above

Question 5

It has been estimated that about 10% of all medical claims of negligence involve

A) orthopedic surgeons.
B) family practitioners.
C) pharmacy.
D) medical imaging.

Question 6

Which of the following is an example of negligence?

A) Delaying a procedure until an interpreter arrives
B) Radiographing the wrong body part
C) Making a patient wait in the reception area until a radiologist is available
D) Recording in the patient chart the family's reaction to examination results

Question 7

A claim that someone has been wronged or sustained injury is called

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

Question 8

Fastening a patient into a confining,immobilization device that they question,for a simple wrist radiograph can be viewed as

A) reasonable and prudent.
B) false imprisonment.
C) a Standard of Care approach.
D) tortuous.

Question 9

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

A) To know of alternative diagnostic studies
B) To refuse the ordered radiographic examination
C) To be informed of the possible risks
D) To ask for and receive extra studies

Question 10

Written defamation of a person is termed

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

Question 11

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 12

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 13

Which of the following is false regarding informed consent?

A) The patient must be competent to sign.
B) For accuracy,medical terms specific to the procedure should be used.
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 14

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 15

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 slightly and make the exposure.
C) allow the patient to do her own compression.
D) stop the examination at her request and submit the images you have completed.

Question 16

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 17

If the threat of 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 18

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 19

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

A) safeguard all patient rights and autonomy.
B) refrain from giving patients uncomfortable information about an impending exam,in order to protect their fears.
C) provide all patients dosage values for all X-ray studies before the exam has started.
D) All of the above

Question 20

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

A) An expert witness
B) Plaintiff
C) A reasonable and prudent practitioner
D) Defendant

Question 21

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

Question 22

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.

Question 23

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 an arthrogram.
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 24

Acceptable informed consent for a simple breast biopsy

A) does not need a tissue-disposal clause.
B) is the same as implied consent.
C) must be witnessed by someone not involved in the procedure.
D) should state that the procedure is similar to an abscess drainage.

Question 25

Your department has received a new piece of digital radiographic equipment.A radiation physicist has inspected the unit and determined that the automatic exposure control function is not operating properly.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) Radiation physicist
B) Radiation Safety Officer
C) Manufacturer of the equipment
D) Hospital and director

Question 26

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.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 was not negligent.

Question 27

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.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) respondeat superior.
B) caveat emptor.
C) res ipsa loquitur.
D) tort reform.

Question 28

Defamation of a character by speaking poorly of an individual is

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

Question 29

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) 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 conclude the examination.