LESSON 3
Section I. THE SOURCES OF THE LAW
3-1.
INTRODUCTION
a. A Lawsuit in the Making. A 40-year-old man who has been in an auto
accident is brought to a hospital emergency room by his wife. His only injuries are
some deep lacerations to the face. Since there are no plastic surgeons attached to the
hospital, the attending physician recommends that the patient be transferred
immediately to a nearby hospital that has plastic surgeons on staff. The attending
physician explains that in view of the deep lacerations it is preferable to have surgery
done by a specialist rather than by a general surgeon.
(1) The patient's wife wants to drive her husband to the other hospital
herself. But, the physician advises her that it would be more prudent to have the patient
transported by ambulance in case there is a need for immediate care. The physician
explains that with facial lacerations, there might be internal bleeding of the head, which
could cause the patient to go into shock and need oxygen or cardio-pulmonary
resuscitation. The patient while being transported by ambulance ends up in a serious
collision that leaves him a paraplegic. The family sues both the hospital and the
attending physician.
(2) The physician followed the tenets of the professional code, making
technically sound choices (the technology) and providing the best care possible (the
caring). She handled the patient promptly in an emergency situation, obtained consent
for transfer to another facility, and explained the rationale for her actions (patient rights
and good practice). She was, in summary, behaving according to the prescribed tenets
of good practice, applying technical skill in an ethical and a caring manner and
respecting the patient's rights. And, yet, her actions could still have legal repercussions
for both herself and the hospital. As it turned out, the case was dismissed because
there was no legal infraction. But the litigation leading to dismissal of the case was
costly, costly in terms of time, money, and emotional wear and tear for all involved.
b. Malpractice Suits Against Health Providers and/or the Hospital. Every
decision you make, every action you take as a health care professional is affected by
legal principles and may have legal repercussions, whether or not you, as a
radiographer, are sued directly. (Civilian radiographers are required to have lawsuit
insurance in some states and can be sued directly.) What you do as a member of the
health care team can have legal repercussions for both the other members of the team
and the hospital at large. Since it is impractical to obtain legal advice before each
decision you make, it makes sense for all health care providers to develop an
awareness of the law. By so doing, you will know how to make decisions that are
consistent with the spirit of legal decisions. You will then know which situations warrant
legal counsel.
MD0066
3-2