DMSO Exam 3 Questions with Detailed Verified Answers
Statutory Law Ans: ✓ ✓ ✓ is enacted and enforced by federal or state legislators
Administrative law Ans: ✓ ✓ ✓ is made by administrative agencies appointed by the president or
governor
Common law Ans: ✓ ✓ ✓ is court-made law based on custom and usage
Definition of Tort Ans: ✓ ✓ ✓ is a wrongful act, other than a breach of contract, for which the law
provides a remedy
Examples of Torts: Ans: ✓ ✓ ✓ Intentional tort and Unintentional tort
Intentional torts Ans: ✓ ✓ ✓ Assault, battery, invasion of privacy, and false imprisonment
Unintentional tort: Ans: ✓ ✓ ✓ Negligence
Assault Ans: ✓ ✓ ✓ is an intentional attempt or threat to inflict injury on a person
example of assault Ans: ✓ ✓ ✓ is to say to an unruly or uncooperative patient, "If you don't stop
moving and start cooperating during this examination, I will have to restrain you."
Two main ethical principles associated with the medical profession are those of Ans: ✓ ✓ ✓
beneficence and nonmaleficence
Beneficence Ans: ✓ ✓ ✓ is a duty to promote good and to act in the best interest of the patient
and society
Nonmaleficence Ans: ✓ ✓ ✓ is the primary credo of the health professions: "Above all, do no
harm."
Medical practice occurs Ans: ✓ ✓ ✓ when a negligent act or omission by a medical professional
result in harm to the patient. The burden of proof can shift to the defendant.
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An injured patient (the plaintiff) must prove four elements: Ans: ✓ ✓ ✓ duty, breach, harm, and
causation
Informed consent: Ans: ✓ ✓ ✓ A patient has the right to prevent unauthorized contact with his or
her person. The health care professional must disclose information that lets the patient make a
knowledgeable decision about proposed procedures or treatments. Express consent—written
(signed consent form) or spoken
Implied consent: Ans: ✓ ✓ ✓ Consent is understood from the circumstances surrounding the
procedure. A patient in a life-threatening situation is unconscious or unable to communicate A
surgeon may perform necessary procedures during the course of a surgery to which the patient
granted express consent
Negligence: Ans: ✓ ✓ ✓ is defined as performance that falls below the expected standard of care.
An act or omission, failure to act, by a medical professional that deviates from the accepted medical
standard of care, thus resulting in injury or death of the patient. It can be any tort or breach of
contract of health care or professional services rendered by a health care provider to a patient
Duty Ans: ✓ ✓ ✓ refers to the standard of care that the medical professional (defendant) is
required to follow
Breach Ans: ✓ ✓ ✓ refers to the defendant's failure to meet that standard of care
Harm Ans: ✓ ✓ ✓ refers to the injury sustained by the plaintiff
Causation Ans: ✓ ✓ ✓ requires that the defendant's failure to meet the standard of care was the
actual cause of the plaintiff's injury
QA Ans: ✓ ✓ ✓ requires testing to ensure the ultrasound equipment functions correctly and safely
and does not become a factor in any litigation
QI Ans: ✓ ✓ ✓ can look at workflow to determine potential areas of concern to the organization
what instance the burden of proof can switch to the defendant in a medical malpractice suit Ans: ✓
✓ ✓ medical malpractice, the burden can shift to the defendant to prove negligence did not occur
Liability Ans: ✓ ✓ ✓ is a legal responsibility for the consequences of one's actions
Master-servant: Ans: ✓ ✓ ✓ Under the theory of respondeat superior (let the master answer), a
sonographer's employer can be held liable for the sonographer's negligence as long as the
sonographer was acting within the scope of employment.
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