Legal Considerations, Patient

Rights & Informed Consent

Dr. Leena. R. David

Lecturer, Dept. of Medical Diagnostic Imaging,

Date: 26.09. 2022 University of Sharjah, UAE.

 Objectives

• Discriminate between misconduct that is criminal and that which would

be considered a tort.

• Define the legal terms plaintiff, defendant, res ipsa loquitur, battery,
assault, libel, slander, borrowed servant, and respondent superior.

• List three specific acts of intentional misconduct and three acts of

unintentional misconduct that may occur in radiology departments.

• List the patient rights that the radiographer is responsible for protecting.

• Define informed consent and list the legal requirements for a valid
informed consent document.

• Describe the radiographer’s responsibility for malpractice prevention

and for reporting both unusual occurrences and misconduct.
 LAWS
• Laws are legal requirements for behavior.

• Laws govern the practice of health care delivery, the practice of

radiography, and certain interpersonal interactions.

Civil law deals with the rights and Criminal law deals with offenses
duties of individuals against the state
with respect to one another. or against society at large.
 Civil Law
• Tort: Civil wrong committed by one individual against the person or
property of another.

• Civil law allows compensation to individuals who have been injured by a

noncriminal act.
Assault, battery, false
Intentional imprisonment,
Misconduct invasion of privacy,
libel, and slander

Tort
Unintentional
misconduct Negligence ,
Malpractice
 Tort: Intentional Misconduct
• Assault is defined as the threat of touching in an injurious way.

• Battery is defined as unlawful touching of a person without

consent. If the patient refuses to be touched, that wish must be
respected.

• False imprisonment is the unjustifiable detention of a person

against his or her will.

• Libel and slander refer to the malicious spreading of

information that causes defamation of character or loss of
reputation.
– Libel: written information
– Slander: Verbal communication
 Tort : Unintentional misconduct
• Negligence refers to the neglect or omission of reasonable care or
caution
– An act of negligence in the context of a professional & patient relationship is defined as
Professional negligence or Malpractice.

• Gross negligence refers to negligent acts that involve "reckless disregard

for life or limb.“
– Results in more serious penalties.

• Contributory negligence refers to an act of negligence in which the

behavior of the injured party contributed to the injury.

• Corporate negligence applies when the hospital as an entity is

negligence.
The Seven Cs of Malpractice
Prevention
 Criminal Law
• Criminal law deals with offenses against the state or
against society at large.
• Crimes distinguished according to gravity or importance.

Felony- serious crime

• Punished by imprisonment
eg: Drug-related crimes

Misdemeanor – less significant crime

• Punished by fine or
imprisonment for less than a
year.
eg: Stealing pain medication
Fraud or misrepresentation with respect to credentials or
qualifications may be classed as a felony or a misdemeanor
 PATIENT RIGHTS
• Protect patient rights at all the times- a major ethical concern for
radiographers.
• The patient care partnership: understanding expectations, rights
& responsibilities. Considerate and
High quality hospital care respectful Care
A clean and safe
environment

Involvement in your care

What do you expect during The patient has a right
Protection of your privacy.
your hospital stay? to information

Preparing you and your family for

when you leave the hospital.

Help with bill and filing insurance claims

Understanding who should make decisions when
you cannot
 PATIENT RIGHTS
Involvement in the care

• Discussing your medical condition and information about

medically appropriate treatment choices.

• Discussing your treatment plan.

• Getting information from you.

• Understanding your health care goals and values.

 PATIENT RIGHTS
Right to information

• Questions regarding diagnosis, treatment, and other

aspects of care must be referred to the patient's physician

• This does not obligate the radiographer to provide all

information that may be requested
 PATIENT RIGHTS
Protection of the privacy

• The patient's modesty will be respected and that every effort will be
made to maintain the patient's sense of personal dignity. (enema,
mammography, opposite gender)

• A "chaperone," same gender as the patient should be present.

– ease the patient's mind if he or she fears such an encounter

– provide a witness in case the patient later claims to have been

assaulted or touched in an unprofessional manner

• Taking photographs other than for the sole purpose of the patient's
care also requires consent.
 PATIENT RIGHTS
Confidentiality

• The Health Insurance Portability and Accountability Act (HIPAA)

was enacted under the U.S. Department of Health and Human
Services (HHS) to protect the privacy rights of patient.

• Individual financial and medical information without the written

consent of the patient.

• No information may be released to employers, financial

institutions, or other medical facilities without specific permission
by the patient.
PATIENT RIGHTS
Confidentiality:
Specific permission by
the patient
PATIENT RIGHTS
Confidentiality
 INFORMED CONSENT

• A formal agreement that a patient signs to give permission for a

medical procedure (considered experimental or that involves
substantial risk) after having been told about the risks, benefits,
etc.

• Patient consent for routine procedures is given on admission and

is implied by the continued acceptance of hospital care.
 B

A
 INFORMED CONSENT

• Patient and a witness sign a

consent form.

• The patient's signature will be

witnessed by the person providing
the explanation.
 INFORMED CONSENT
Who will provide the information??

• The physician's duty.

• For routine procedures: a staff member.

– fully understand the procedure and its risks and benefits then
explain to the patient and answer any questions.

• Seek the correct answer before continuing, because an improper

response may invalidate the consent.
 INFORMED CONSENT
• Patient must receive a full explanation of the procedure and its
risks and benefits and sign the consent form before being sedated
or anesthetized.

• A patient must be competent in order to sign an informed consent

• Only parents or legal guardians may sign for a minor.

• Only a legal guardian may sign for a mentally incompetent patient.

• Consent forms must be completed before being signed. Patients

should never be asked to sign a blank form or a form with blank
spaces “to be filled later”.
 INFORMED CONSENT
• Only the physician named in the consent form may perform the
procedure. Consent is not transferable from one physician to another,
not even to an associate.

• Any condition stated on the form must be met. Eg: if the form states
that a family member will be present during the procedure, the consent
is not valid if the family member is not there.

• Informed consent may be revoked by the patient at any time after

signing. This is an invocation of the patient’s right to refuse
examination.

• Medically trained interpreters should be used when the patient does not
speak, read, or write English.
 INFORMED CONSENT
Right to Refuse Treatment/ Examination

• Signing an informed consent does not invalidate the patient's

right to refuse treatment once the procedure has begun. Consent
may be revoked at any time during the procedure.

• to find out why the patient is unwilling to continue. (pain,

discomfort)

• If the patient still refuses to complete the procedure, comply

gracefully and allow to leave after informing to attending
physician & with proper documentation.
 Death with Dignity
• Resuscitation of patients for whom there is a reasonable expectation of
recovery is considered to be medically and ethically correct.
• Sometimes measures may only serve to prolong the patient's suffering,
causing emotional distress to the family and great financial cost to the
family or the public.
• When the patient's condition is terminal: the physician and the patient
(or the patient's family, if the patient is incompetent) may agree to a
"no-code" or "do not resuscitate" (DNR) order.
• This means that if death is imminent, no effort at resuscitation is to be
attempted.
• Must mark in patient's chart.
• Members of the immediate family should be informed.
 Let’s Recap

• Legal Considerations

• Patient Rights

• Informed Consent

Thank you!!!