MISSISSIPPI GULF COAST COMMUNITY COLLEGE

RADIOLOGIC TECHNOLOGY PROGRAM

RGT 2132 ETHICAL AND LEGAL RESPONSIBILITIES CHAPTER ONE: ETHICAL AND LEGAL 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 and friends Seven Principles of Biomedical Ethics: 1) Autonomy- respect for the patient as a person 2) Beneficence- performance of good acts 3) Confidentiality- duty to protect the privacy of the patient 4) Justice- moral rightness 5) Nonmaleficence- avoidance of evil 6) Role fidelity- faithfulness and loyalty 7) Veracity- 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 individual 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 interaction models, and patient rights Ethics may be divided into three broad schools of thought: 1) Consequentialism 2) Deontology 3) Virtue ethics 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/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

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Covenantal- agreement between provider and patient grounded in traditional values

One of the most important issues involved in bioethics is patients 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 Criminal Civil Area of Responsibility Deals with licensing and regulation Addresses wrongs against the state Addresses wrongs committed by one party harming another Penalties for Violations Can include suspension and revocation of license Can include fines, 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 law, statutory law, and judicial decisions. It varies from jurisdiction to jurisdiction. The law is dynamic and can change as society changes. Administrative law determines the licensing and regulation of the practice of imaging professionals and regulates some employee-employer 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 phase- a complaint is lodged and an answer given 2) Discovery phase- the attorneys seek the facts of the case by questioning the involved parties 3) Trial phase- 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 treatment, or has 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 court in which the 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. Oral questions are answered in depositions. Settlement negotiations would 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 facilitys financial resources.

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Three Primary Goals: 1) Elimination of the causes of loss experienced by the hospital, its patients, employees, and visitors 2) Reduction in the operational and financial effects of unavoidable losses 3) Coverage of inevitable losses at the 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 care.

Towsley-Cook 2009