Ethical and Legal Issues for Imaging Professionals

by Towsley-Cook, Doreen M.

• ISBN13: 9780323045995
• ISBN10: 0323045995
• Edition: 2nd
• Format: Paperback
• Copyright: 2007-03-06
• Publisher: Mosby Inc

Summary

Balancing coverage of the law and ethics, this book will help you make knowledgeable decisions about patient care. It examines the many issues that affect you as an imaging professional and applies them to real-world situations. By studying topics such as patient autonomy and informed consent, truthfulness and confidentiality, and death and dying, you'll learn to apply your own values, common sense, and applicable health law to solve challenging dilemmas.

Table of Contents

Ethical and Legal Foundations	p. 1
Ethical Issues	p. 2
History	p. 4
Values	p. 4
Professionalism	p. 8
Ethical Schools of Thought	p. 9
Ethical Models	p. 10
Patients' Rights	p. 12
Legal Issues	p. 14
The Law	p. 15
The Lawsuit	p. 17
Risk Management	p. 19
Quality Assurance	p. 19
Principles of Beneficence and Nonmaleficence	p. 27
Ethical Issues	p. 28
Proportionality	p. 29
Beneficence	p. 30
Nonmaleficence	p. 30
Differences Between Beneficence and Nonmaleficence	p. 31
Medical Indications Involving Principles of Beneficence and Nonmaleficence	p. 31
Justice	p. 31
Contractual Agreements	p. 33
Surrogate Obligations	p. 33
Imaging Professional's Role	p. 34
Patient's Role	p. 35
Legal Issues	p. 35
Standard of Care	p. 35
Negligence	p. 38
Methods to Decrease Risk	p. 39
Caring and Communication	p. 54
Ethical Issues	p. 55
Definition of Caring	p. 56
Professional Care	p. 58
Examples of Caring and Communication	p. 61
Legal Issues	p. 62
Health Literacy	p. 63
Caring	p. 66
Patient Autonomy and Informed Consent	p. 72
Ethical Issues	p. 74
Definition of Autonomy	p. 75
Patient Care Partnership	p. 75
Information Delivery	p. 76
Complications of Autonomy, Informed Consent, and Right of Refusal	p. 77
Verfication of Informed Consent	p. 77
Cometence and Incompetence Surrogacy	p. 79
Obstacles to Autonomy and Informed Consent	p. 79
Respect for Autonomy	p. 80
Therapeutic Privilege	p. 81
Emergency Situations	p. 81
Competence and Advance Directives	p. 81
Application of Ethical Theories to Autonomy	p. 81
Legal Issues	p. 82
Tort Law	p. 83
Simple Consent	p. 83
Intentional Torts	p. 83
Unintentional Torts	p. 84
Informed Consent	p. 85
Truthfulness and Confidentiality	p. 95
Ethical Issues	p. 96
Truthfulness and Veracity	p. 96
Right to the Truth	p. 98
Confidentiality	p. 99
Obligatory Secrets	p. 99
Exceptions to Confidentiality	p. 100
Confidentiality and AIDS	p. 101
Legal Issues	p. 101
HIPAA	p. 102
Patient Authorization	p. 103
Statutory Disclosure	p. 104
Duty to Warn Third Parties	p. 104
AIDS and HIV	p. 106
Patient Access to Medical Records	p. 108
Torts Regarding Confidentiality	p. 108
Death and Dying	p. 116
Ethical Issues	p. 117
Value of Life	p. 118
Definitions of Death	p. 119
The Patient	p. 119
Sanctity of Human Life	p. 119
Suicide	p. 119
Imaging Professionals and Suicide	p. 121
Euthanasia	p. 121
Patients' Rights Regarding Euthanasia	p. 123
Advance Directives and Surrogates	p. 124
Quality of Life	p. 124
Ethics Committees and Services for Patients with Terminal Illnesses	p. 125
Family in Death and Dying	p. 126
Legal Issues	p. 126
Definitions of Death	p. 126
Determination of Death	p. 127
Directives	p. 129
Physician-Assisted Suicide	p. 130
Competence and Life-Sustaining Treatment	p. 131
No-Code Orders	p. 132
Living Wills	p. 133
Durable Powers of Attorney for Health Care Decisions	p. 134
Family Consent Laws	p. 135
Uniform Health Care Decisions Act	p. 135
Absence of Advance Directives	p. 136
Patient in a Persistent Vegetative State	p. 136
Patients Who Have Never Been Competent	p. 137
Health Care Distribution	p. 142
Ethical Issues	p. 143
Biomedical Ethical Challenge	p. 144
Rights and Health Care	p. 144
Scarcity and Distribution	p. 145
Distribution Allocation Groups	p. 145
Distribution Theories	p. 145
Distribution Decision-Making Criteria	p. 148
Traditional Care	p. 149
Health Care Delivery Model and Managed Care	p. 150
Patient-Focused Care	p. 150
Quality and Cost Effectiveness	p. 152
Imaging Professionals' Participation	p. 152
Legal Issues	p. 154
Access to Medical Care	p. 154
Health Care Costs	p. 154
Managed Care	p. 155
History of Managed Care Organizations	p. 158
Legislation and Regulation of Managed Care	p. 160
Institute of Medicine and Risk Managed Care	p. 161
Medicare and Medicaid	p. 161
Patient-Focused Care	p. 162
Impact on the Imaging Professional	p. 163
Student and Employee Rights and Responsibilities	p. 171
Ethical Issues	p. 172
Ethical Theories	p. 173
Models	p. 175
Autonomy and Informed Decisions	p. 176
Truthfulness and Confidentiality	p. 178
Justice	p. 179
Values	p. 180
Legal Issues	p. 182
Contract Law	p. 182
Due Process	p. 183
Substantive Due Process	p. 183
Procedural Due Process	p. 184
JRCERT Due Process Standards	p. 185
Whistleblowing	p. 186
Malpractice Liability Insurance	p. 188
Employee Rights	p. 189
Exceptions	p. 189
Diversity	p. 196
Ethical Issues	p. 197
Diversity Defined	p. 198
Diversity and Ethics	p. 201
Diversity and Values,	p. 203
Legal Issues	p. 203
Institute of Medicine Report	p. 203
Cultural and Linguistic Competency	p. 207
Mandates Regarding Discrimination and Cultural Diversity	p. 207
What Does Cultural and Linguistic Competency Mean to the Radiologic Technologist?	p. 209
Antidiscrimination Statutes in Employment Situations	p. 210
Antidiscrimination Statutes in Patient Treatment Situations	p. 216
Overview of New Technology and Future Challenges	p. 224
Ethical Issues	p. 226
Imaging's Example for Health Care in the 21st Century	p. 227
New Technologies	p. 227
Biomedical Research	p. 227
Imaging Professionals' Obligation to Research	p. 228
Ethics of Interpretation of Imaging Procedures and Testing	p. 229
Ethical Dilemmas of Transplants	p. 230
New Reproductive Methods	p. 232
Humane Genome Project	p. 233
Continuous Quality Improvement and Quality Assurance	p. 234
Advanced Education and Responsibility	p. 234
Ethics Committees	p. 235
Preparing for the Future	p. 237
Legal Issues	p. 237
Technologic Advances Causing Legal and Ethical Havoc	p. 237
Law into the Future	p. 239
Legal Issues with the Human Genome Project	p. 240
New Technology and the Law for Imaging Professionals	p. 241
Glossary	p. 247
Code of Ethics	p. 254
Sample Documentation Forms	p. 273
Patient Safety and Privacy Resources	p. 278
Answers to Chapter Review Questions	p. 283
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