Introduction: The goal of this project is to identify practices that are or are not in compliance with the ASRT Practice Standards and to recognize the legal implications for practicing outside the parameters of the ASRT Practice Standards.

Objectives: The student will:

Define the legal terms negligence, malpractice, battery, assault, libel, and slander. 

Describe the legal doctrines: borrowed servant, respondeat superior, and res ipsa loquitur.

Demonstrate understanding of the ASRT Practice Standards including the Scope of Practice and the Clinical Performance, Quality Performance, and Professional Performance Standards.

Discuss the legal terminology and doctrines that may apply when one practices outside the parameters of the ASRT Practice Standards and develop responses and actions in alignment with the ASRT Practice Standards for sample clinical scenarios.

Assignment:

Read the ASRT Practice Standards for Radiography: https://www.asrt.org/main/standards-and-regulations/professional-practice/practice-standards

• Printable Practice Standards provided on Canvas Page.
• Re-read chapter 5 in the course text: Patient Care in Radiography by Ruth Ehrlich and Dawn Coakes.
• Write definitions for the following terms: negligence, malpractice, misdemeanor, felony, tort, plaintiff, defendant, battery, assault, libel, slander, false imprisonment, borrowed servant, respondeat superior, and res ipsa loquitur.
• Read and respond to the provided clinical scenarios (Scenario A and B).

Clinical Scenarios:

Scenario A: Jon Russell, age 64, was brought to the hospital emergency department on Sunday morning at 4 a.m. for problems with his right ankle. Several days before admission to the ER, he stepped in a hole while carrying a heavy box, and the swelling had not gone down with frequent applications of cold and the use of a firm ankle support bandage. 

? An x-ray exam of his ankle was ordered.

? Carol, the radiographer on duty, was very reassuring and caring to Jon the patient even though the busy night caused her to delay her meal break. After positioning the ankle and completing and processing the images, she left and went to eat. 

? Dr. Coal, the emergency department physician, looked at the images and said to Jon, “Well, these images are a little dark, but I do not see a fracture. You should stay off the ankle as much as possible, continue to use ice and your support bandage, and elevate your leg as often as you can.” Jon was discharged from the ER.

? On Sunday at 9:00 a.m., the radiologist decided that the images were too dark to be diagnostic, and Jon was asked to return to the ER for additional images. The final diagnosis was that Jon had suffered an avulsion fracture of the distal tibia. 

Complete the following:

No litigation was ever involved. Do you think Carol was guilty of negligence or other practice standard violation? 

Identify the legal terms and/or doctrines that could apply to this situation if there was a legal case.  

Identify which aspects of the practice standards (Scope of Practice, Clinical Performance Standards, Quality Performance Standards, and Professional Performance Standards) would apply to this situation and determine if they were violated. Be specific (Reference Practice Standards page number and item).

What do you think the technologist should have done differently? 

Scenario B: Patient Jenny Caldwell has a history of Crohn’s disease, an inflammatory condition of the colon. She is a frequent patient in your imaging department and has returned today for another barium enema. She is very apprehensive about the outcome of this procedure. She shares with you that her physician wants her to have most of her colon removed if the barium enema reveals new areas of involvement. Since Jenny has frequent imaging exams, you have developed a rapport with this patient. Jenny asks you what you think about her physician’s decision. She also asks whether you think she should get another opinion if her physician recommends surgery. Consider and reflect on the scope of practice and answer question 1. Then, script your response to Jenny’s questions:

What issues should you consider when developing possible solutions and selecting the best one to handle this dilemma? 

Jenny’s Questions (script an answer):

What do you think about my physician’s decision?

Do you think I should get a second opinion?