Medical imaging and consent: when is an X-ray assault?

J Med Radiat Sci. 2016 Jun;63(2):133-7. doi: 10.1002/jmrs.172. Epub 2016 May 9.

Abstract

New Zealand patients have rights in relation to their healthcare including the right to consent to medical treatment. Medical imaging is the third largest category of hospital procedure in New Zealand and it constitutes a circumstance where examination without consent could be assault. New Zealand assault law is unique, and medical radiation technologists (MRTs) must be educated about their responsibilities. A literature review was conducted focusing on the medicolegal aspects of consent as it relates to medical imaging. This was compared to the practical realities of practicing radiography as experienced by the author. Finally, the guidance given by the professional bodies for MRTs in New Zealand was examined to determine whether it adequately informs MRTs of the responsibilities and provides them with a framework to guide their practice. Medical imaging is a diverse area presenting a range of challenging circumstances for consent. Currently, the consent framework and guidance provided by professional bodies is insufficient and in need of updating.

Keywords: Assault; Medico‐legal; consent; guidelines.

Publication types

  • Review

MeSH terms

  • Humans
  • Informed Consent / ethics
  • Informed Consent / legislation & jurisprudence*
  • Informed Consent / standards
  • New Zealand
  • Radiography / ethics*
  • Radiology / ethics
  • Radiology / legislation & jurisprudence*