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Professional/Legal > Apex: Professional issues > Flashcards

Apex: Professional issues Flashcards

1
Q

A CRNA in meddle management submits a written complaint to the state board about several other CRNAs that are false and defamatory. Which AANA document could be applied to this situation?

A. Code of ethics

B. Practice guidelines

C. Practice standards

D. Position statements

What is the specific act committed by the CRNA in this question called?

A

A. Code of ethics

Libel

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2
Q

What are authoritative statements that describe minimum rules and responsiblities for which anesthetits are held accountable?

A

Practice Standards

*nationwide expected behaviors

*they MUST be adhered to (guidelines SHOULD be adhered to)

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3
Q

what are systematically developed statements to assist proividers in clinical decision making that are comonly accepted within the anesthesia community?

A

Practice guidelines

*SHOULD be adhered to… but not required

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4
Q

What dictates the principles of conduct and professional integrity that guide the decision-making and** behavior **or nurse anesthetists.

A

AANA code of ethics

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5
Q

The use of unnecessary invasive preop testing is most likely to put the provider in violation of the principle of:

A. respect for autonomy
B. nonmaleficence
C. beneficence
D. justice

A

B. nonmaleficence

obligation not to do harm (intentially or unintentialy)
Hippocratic oath - primum non nocere (first do no harm)

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6
Q

What refers to the patients ability to choose without controlling interference by others, and without limitations that prevent meaningtul choices?

A

Autonomy

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7
Q

What ethical principal is associated with informed consent?

A

Autonomy

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8
Q

primum non nocere

what does it mean

which principle is it associated with

A

first do no harm

hippocratic oath

nonmaleficence

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9
Q

Which principle is often applied to the appropriate use of** diagnostic testing** with the inherent risk of false-positive or false-negative results?

A

nonmalfience

hippocratic oath- primum non nocere
durty to do no harm
preop testing

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10
Q

What is beneficence?

A

states that providers should** act for the benefit of others**
preventing harm and actively helpipng their patients

*underpns evidence-based interventions
benefits outweigh risks
ahhhhh beneficence = benifits lol

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11
Q

Which ethical principle guides evidence-based interventions

A

Beneficence

benefits should be demonstratable and clearly outweigh risks

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12
Q

What is distributive justice?

A

that people under similar circumstances and conditions should be treated alike

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13
Q

giving higher quality care to the CEO of the hospital puts the provider in violation of what principle?

A

justice

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14
Q

T/F: the ethical principles support the position that medical mistakes must be disclosed to the patient

A

True

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15
Q

Informed consent for anesthesia should include a discussion of which topics? (select 2)

-Description of the recommended type of anesthetic
-Agreement to undergo the scheduled surgery/procedure
-Risks and benefits of each type of appropriate anesthetic
-pt’s preferences, questions and fears

A

-Risks and benefits of each type of appropriate anesthetic
-pt’s preferences, questions and fears

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16
Q

6 elements of informed consent

A
  1. competence
  2. decision making capacity
  3. disclosure of information
  4. understanding of disclosed information
  5. voluntary consent
  6. documentation
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17
Q

What does competence mean?

A

the patient has the leagal aurthority to consent

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18
Q

What describes the pts ability to decide about specific anesthetia care

A

Decision-making capcity

competence is that the pt has LEGAL AURTHORITY to consent - like 18yo , or emanicpated minor, ect

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19
Q

Pt got versed before anesthesia consent was signed- whoops. Now what?

A

proivder may need to arrange a legal, ethical, or psych consult to determine CAPACITY

capacity = ability to DECIDE , decision making CAPACITY

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20
Q

How do you get informed consent on an incapacitated patient?

A

someone must be delegated as the legal decision maker

in accordance with state law and institutional policy

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21
Q

T/F- the risks of not recieivng anesthetic care is part of the minimum requirements for conset

A

True

  1. nature and purpose of proposed anesthtic techniques
  2. risks, benefits, and s/es of each
  3. alternatives and their risks/beneiftis/ses
  4. risks of not getting it at all - pretty obvious i’d think lol
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22
Q

What kind of risks should be included in informed consent?

A

the common ones and the rare ones if they would result in severe morbidity or mortality

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23
Q

T/F: unlesss developmentally inappropriate, minor children should be included in the informed consent discussion and their agreement should be sought

A

true

*document “assent”

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24
Q

T/F: in an elective case, a provider has no ethical obligation to proivde inappropriate care or acre associated with unreasibly high risks (ie: jehovah’s witness informed refusal of blood products for a high risk case)

A

True

byeeeeeee

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25
Q

T/F: family members can be used to translate consent in an emergency

A

True

this is the only time

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26
Q

T/F: if pt prsents with cognitive impairement, you should use a mini-mental state exam (MMSE) to evaluate

A

True -lol

and designate a legal decision maker

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27
Q

T/F: if pt prsents with cognitive impairement, you should use a mini-mental state exam (MMSE) to evaluate

A

True -lol

and designate a legal decision maker

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28
Q

What must an anesthesia provider do to obtain informed consent for epidural placement in a parturient who recently received 50mg of meperidine?

A. review the efficacy of current pain managment
B. Document the pt’s dilation, effacement, and station
C. determine that the pt has sufficient capcity
D. get consent from her husband

A

C

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29
Q

t/F: state law and facility policies should be consulted when a minor is receiving OB services

A

True

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30
Q

In a case of maternal-fetal conflict, the provider’s respect for maternal ___________________ may oppose what principle in promoting hte well-being of the mother and fetus

A

mothers autonomy
may oppose benifience

benifit vs risk

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31
Q

In a case of maternal-fetal conflict, the provider’s respect for maternal ___________________ may oppose what principle in promoting hte well-being of the mother and fetus

A

mothers autonomy
may oppose benifience

benifit vs risk

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32
Q

How to respond if your mom asks what happens if your in an emergency and cant come do my epidural and I’m in a lot of pain waiting for a long itme?

A

reassure her that alternativie pain management will be available until an anesthesia provider can get to her

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33
Q

What should the provider do if there is a maternal-fetal conflict?

A

keep open, non-coercive communication with mom while procuring an ethics consult, referencing hospital policy and reviewing state law

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34
Q

A terminal cancer pt with a DNR presents for a cath placement. Which standard of nurse anesthesia practice has the most immediate relevance to the anesthetists preop activities?

A. Standard 2 on thorough preop assessment and evaluation
B. Standard 3 on plan for anesthetic care
C. Standard 4 on infomed consent and related anesthesia services
D. Standard 13 on wellness

A

C. Standard 4 on informed consent

reconsideration of pre-exissitng AD is a critical component of the informed consent process bc some events that may occur are responses to the anesthetic and not part of the terminal disease process.

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35
Q

T/F: advnaced directives should be routinely suspended preop

A

false - they require a detailed discussion

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36
Q

t/F: reconsideration and discussion of advance directives should be discussed during the informed consent process

A

True

37
Q

T/F: name of all parties pressent for discussion of advance directive alterations should be documented

A

True

38
Q

Who does the AANA recommend to be present when discussion changes in the advance directives sduring the informed consent process?

A

Pt, family, and healthcare team

39
Q

Identify the standards of care that have been published bye the AANA (select 3)

-wellness
-infection control and prevention
-chronic pain management
-latex allergy management
-transfer of care
-mass casualty incident prepardenss

A
  • wellness
  • infection prevetion
  • transfer of care

the AANA has publicationso n latex allergy, chronic pain, and mass casualty incident managment – but these are practice guidelines - suggestions that “should” be adhered to

40
Q

What term refers to any sort of professional misconduct

A

Malpractice

41
Q

In a negligence or malpractice claim, the patient (plantiff) must prove what 4 things

A
  1. Duty - provider had a duty to the pt
  2. Breach of duty- provider fialed to fulfill their duty
  3. Causation - a close casual relationship existed b/t proivders acts and pts injury
  4. Damages - actual damage was the result of a breach in the standard of care
42
Q

When going to court, who is the plantiff?

A

the patient

fucking verbage

43
Q

What is Res ispa loquitur mean?

example?

A

“The thing speaks for itself”

it can shift the burden of proof from the plaintiff (pt) > the defendant

cases involving a foreign object such asa sponge or clamp left in the pt

44
Q

What term is associated with when a foreign object is left inside the pt

A

Res ipsa loquitur

the thing speaks for itself

can shift the burden of proof from the plaintiff to the defendant

45
Q

what’s the term for defamation in verbal form?

A

Slander

46
Q

defamation in verbal form vs written form

A

slander = verbal form
libel = written form

47
Q

How is a breach of duty idenitified?

A

when expert witnesses review the MR and determine the standard of care was not adhered to.

48
Q

2 most common causes where a res ipsa charge request is usually granted

A
  1. sponge/instrument left inside pt
  2. nerve injury sustained during hte course of surgery to an area remote from the surgical site
49
Q

A CRNA is relieved by another anesthesia provider 4 hours into a complex case. The outgoing CRNA gives a short report that results in a missed repeat abx dose. The pt ultimately develops sepsis that results in an unexpected 3-day ICU stay. Which causes of action agaisnt he primary CRNA might apply to this scenario? (select 2):

-loss of chance of survival
-malpractice violation of the AANA standards of care
-abandoment
-vicarious liability for releving anesthetist

A

-malpractice violation of the AANA standards of care
-abandoment

50
Q

The physical act of touching another person without either expressed or implied consent

A

battery

51
Q

making a person feel or percieve that battery is imminent

A

Assult

52
Q

what is a tort

A

a civil wrongdoing

ie. battery/assult

battery- direct physical contact
assult- being made feel like they are going to be battered

53
Q

T/F: assult cannot occur in unconscious patients

A

True

bc they are unware of their enviiornments

assult = pt feeling or perceiving that battery is imminent

54
Q

What would it be called if you place an epidural without consent

A

battery

55
Q

What would it be called if your prepping for an epidural and the pt feels like your going to place it without her consent

A

assult

jesus christ

56
Q

what would it be called if the pt only consented to local and you convert to general

A

battery

57
Q

T/F: harm does not need to be proven when batttery or assult charges are brought upon a provider

A

True

58
Q

If the statue of limitations of an offense is 3 years, a 15 yo can fild a lawsuit up to what age

A

21 (18+3)

the 15yo doesnt matter, the statue of limitations for a minor doesnt begin until the minor turns 18

59
Q

Legal term for when one person or entitiy (hospital/doctor) may be liable for the actions of another persion (RN/PA)

What term is used interchangably with this and what does it mean

Does this apply to CRNAs working under physcian?

A

Vicarious liability

Respondeat Superior “Let the master answer”

Not typically

60
Q

What is respondeat superior associated with

what does it mean

ex

A

Vicarious liability

let the master answer

Hospital liable for actions of a nurse
Doctor liable for actions of a PA
*doesnt typically apply to CRNAS/ologists

61
Q

T/F - General damages refer to the actual damages that result from an injury such as medical expenses, lost income, property damage

A

False - General damanges = non-economic

Special damanges = clearly quantifiable

62
Q

T/F: punitive damages (punishment for reckless or malicious behavior) are rare

A

True

63
Q

General vs special damages

A

General = non-econimic : pain and suffering, emotional distress
Special = clearly quantifiable: medical espenses, lost income, property damage

General damages “directly result” from an injury
Special damages are “actual damages” that result

64
Q

B/T general, special, and punitive damages, which ones may be subject to caps imposed by state legistlatures

A

general and punitive

special damages = actual damages that are clearly quantifiable - wouldnt be ethical not to cover

65
Q

T/F: **negligence **is failure to provide continuity of care once duty to a patient is established

A

False - Abandoment

66
Q

Which law requires citizens to give the government an idividual shared responsibility payment?

A. Emergency in Medical Treatment and Active Labor Act
B. health Insurance Portability and Acccountability act
C. Health Information Technology for Economic and Clinical Health Act
D. Affordable Care Act

A

D. Affordable care act

-mandaded that all individuals carry health insurance + insurers no longer able to charge more for pre-existing conditions

67
Q

T/F: under the ACA, essential healthcare benefits cannot be supject to either annual or lifetime dollar limits

A

True

68
Q

T/F: It was the ACA that changed it so that adult up to the age of 26 can remain on their parents plan

what if they are married?

A

True

-counts even if they are married, financially independent, or not in college

69
Q

T/F: the ACA requires medical insurance to cover certain preventable health visits without a co-pay

A

True

trying to shift towards early detection and prevention

70
Q

What does the Emergency in Medical Treatment and Active Labor Act (EMTALA) cover?

A

ensuring public access to emergency services regardless of ability to pay

71
Q

Is a lawsuit based on EMTALA is filed against a hospital or provider?

A

Hospital

72
Q

What will result in a fee called “individual shared responsibility payment”

what law?

what if you dont pay it?

A

Failing to proivde proof of health insurance coverage

ACA

It’s part of federal taxes and if unpaid will be deducted from any future tax returns

73
Q

T/F: under the EMTALA, the patients request of transfer to another facility should be honored

A

True

74
Q

T/F: EMTALA applies to missed diagnoseses or negligence in an ER

A

FALSE - as long as the pt was triaged in a timely fashion and the diagones condition was non-urgent

EMTALA = proive ER care to everyone despite ability to pay

Missed diagnoses cases are persued as malpractice in a state court

75
Q

T/F: **Missed diagnosis’s **are pursed as **malpractice **in a state court

A

True

76
Q

What is kown as the “Anti-Patient Dumping” act

A

The EMTALA

assures public acces to emergency services regardless of ability to pay

77
Q

What is kown as the “Anti-Patient Dumping” act

A

The EMTALA

assures public acces to emergency services regardless of ability to pay

78
Q

Match each drug to its scheduled based on the Controlled Substances Act: Schedules I-IV

-Heroin, cocaine, Ketamine, Tramadol

A

I - Heroin
II - Cocaine
III - Ketamine
IV - Tramadol

79
Q

Which are worse regarding scheduling of controlled substances - I or IV

A

I is worse! - first is the worst

80
Q

The Controlled Substance Act (CSA) schedules drugs according to what 2 things?

A

Their therapeutic benefit vs abuse potential

81
Q

T/F: The Health Information Technology for Economic and Clinical Health Act (HITECH) was intended to create a healthcare information technology infrastructure in ordder to improve quality care and coordination b/t providers.

A

True

82
Q

What act sets minimum standards for private employeee benefit plans, including health care benefits offered, and provides protection for persons in these places?

A

The emplyment Retirement Income Security Act (ERISA)

83
Q

What schedule drug is propofol considered?

A

It’s not a scheduled drug

84
Q

Which act increaes the potential legal liabiity for non-compliance, providing for more enforcement and includes manadtory penalties for “willful neglect”

what is willful neglect?

A

HITECH

storage or exposure of unencrypted PHI
*Encryption is key

85
Q

What act limits the amount a patient can be charged for copies of their PHI?

A

HITECH

*fees differ b/t states

86
Q

When a patient experiences a serious anesthetic complication, what information is most appropriate to offer the patients relatives?

a. Provides the names and roles of the party or parties at fault
b. disclose nothing until you are certain of hte patients out come
c. tell the family that risk management will contac them
d. describe the facts of the event while also expressing regret

A

D. describe the facts of the event while also expressing regret

87
Q

T/F: a critical incident report is best recorded in narrative form

A

True

88
Q

Should the critical incident report be started before or after talking with the family?

what 4 things should be included

A

Before (so the info is fresh)

  1. Who - who was present (all parties, not just anesthesia)
  2. What - What happened
  3. What - What drugs and doses were given and WHEN
  4. Time sequence of events
89
Q

When filing a critical incident report, how should you document the diagnosis if it was not obvious?

A

document the differential dagnoses that guided your choices

Professional/Legal (1 decks)

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