Chapter 2 Flashcards

1
Q

Affadavit

A

A voluntary statement of facts sworn to be true before an authority

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2
Q

Allegation

A

A statement that one expects to be proven as true

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3
Q

Case Law

A

All legal decisions reported on a legal given subject

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4
Q

Deposition

A

A method of pretrial discovery in which questions are answered under oath

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5
Q

Iatrogenic Injury

A

Injury resulting from healthcare workers

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6
Q

Indictment

A

The formal accusation written by a jury

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7
Q

Larceny

A

The taking of another’s property without consent

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8
Q

Perjury

A

Intentionally providing false information under oath

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9
Q

Plaintiff

A

Someone who initiates a lawsuit

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10
Q

Precedent

A

A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later

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11
Q

Subpoena

A

A court order to appear and testify or produce required documents

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12
Q

Tort

A

A civil wrong

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13
Q

Borrowed Servant Rule

A

Surgeon is not always responsible if a surgical technologist or registered nurse failed to perform a routine they were properly educated on

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14
Q

Captain of the Ship Doctrine

A

Surgeon is liable for any negligence in the operating room

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15
Q

Doctrine of Cooperate Negligence

A

A health care institution may be found negligent for failing to ensure that an acceptable level of patient care was provided.

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16
Q

Doctrine of Personal Liability

A

Each person is responsible for his or her own conduct, even though others might be liable as well.

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17
Q

Primum non nocere

A

Above all, do no harm

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18
Q

Res ipsa loquitur

A

“The thing speaks for itself;” harm obviously came from a given act or thing of which the defendant had sole control.

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19
Q

Respondeat superior

A

An employer is responsible for their employees.

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20
Q

Tort Law

A

Any civil wrong independent of a contract (most operating room)

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21
Q

Defendant

A

In criminal cases, the person accused of the crime; in civil matters, the person or organization being sued.

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22
Q

Doctrine of the reasonably prudent person

A

The ability to reasonably anticipate that harm or injury might result because of certain acts or omissions.

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23
Q

Doctrine of the borrowed servant

A

The person who is controlling/ directing the employee has greater responsibility than the one who is paying the employee

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24
Q

Standard of Care

A

The expected conduct of a professional in a given circumstance.

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25
Q

Doctrine of forseeability

A

Persons should perform an action as would any reasonable person of ordinary prudence (member of your own community)

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26
Q

Negligence

A

Either the omission or commission of an act that a reasonably and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care”

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27
Q

Guardian

A

A court-appointed protector for a person incapable of making his or her own decisions.

28
Q

Statutory Law

A

Any law prescribed by the action of a legislature

29
Q

State Law

A

State statues, regulations, principles, and rules having the force of law.

30
Q

Doctrine of Corporate Negligence

A

An obligation either to do or not do something that is the responsibility of the corporate body

31
Q

Federal Law

A

Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and international treaties.

32
Q

Malpractive

A

Professional misconduct that results in harm to another; professional negligence

33
Q

Accountability

A

The obligation to disclose details for evaluation; commonly used to mean “to be held responsible for”

34
Q

Personal Liability

A

Ann individual’s obligation either to do or not do something

35
Q

Corporate Liability

A

Health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided

36
Q

Common Law

A

The evolving set of principles based on court decisions

37
Q

Complaint

A

The first pleading filed by plaintiff’s attorney in a negligence action

38
Q

Trail

A

The presentation of evidence in a court of law in order to achieve a resolution or, in a criminal act, to determine a person’s innocence or guilt

39
Q

Jury

A

A group of citizens that decides the outcome of a criminal or civil trail

40
Q

Precedent

A

A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later

41
Q

Liability

A

An obligation either to do or not do something

42
Q

Bone Fide

A

In good faith or innocently

43
Q

Criminal Negligence

A

Reckless disregard for the safety of another; willful indifference

44
Q

What is an intentional tort?

A

Acts are willful and violate the civil rights of a patient
Include: Battery, Assault, Defamation, False imprisonment, Intentional infliction of emotional distress, Invasion of privacy

45
Q

What is an unintentional tort?

A

Mistakes made by the surgical team which can include: Patient misidentification, wrong procedure, foreign bodies left in patient, pt burns, falls, improper id of specimen

46
Q

What is expressed consent?

A

consent is a direct verbal or written statement granting permission for treatment.

47
Q

What is implied consent?

A

occurs under circumstances that would lead a reasonable health care provider to believe that the patient had given consent although no direct or verbally expressed words of consent had been given

48
Q

what is informed consent?

A

agreement or permission accompanied by full notice about what is being consented to

49
Q

What is general consent?

A

the patient consents to all routine services, general diagnostic procedures, medical treatment, and other normal and routine “touching” that may be expected to result from any hospitalization.

50
Q

What is special consent?

A

Special consent must be given for any procedure that entails an abnormal risk: surgical procedures, fertility and sterilization procedures, anesthesia, transfusions, chemotherapy, participation in experimental programs, and so on

51
Q

What information should written informed consent contain?

A

Patient’s legal name

Surgeon’s name

Procedure to be performed, including side if applicable

Risks of anesthesia and procedure, including complications

Patient’s legal signature

Signature of witness(es)

Date and time of signatures

52
Q

What does a medical record typically include

A

Diagnosis

Medication record

Discharge condition

Identification of the patient

Possible follow-up treatment plan

Treatment plan, details, and results

Patient’s medical history and physical examination

Test results and physical findings made during the patient’s hospital stay

Identification of the physician(s), nurse(s), and other health care providers involved in the patient’s care (e.g., the circulator will note the name of each surgical team member)

53
Q

What does an intraoperative record include?

A

surgical team; the patient’s condition before, during, and after surgery; the patient’s position and skin prep; the insertion of urinary catheter (if performed); the “time out” before the surgical skin incision; times of initiation and termination of the procedure; documentation of counts; and information concerning drains and dressings.

54
Q

What is a sentential event/incident report?

A

reporting incidents related to an adverse patient occurrence

55
Q

What is risk management

A

the effort by the hospital to collect and use data to decrease the chance of harm to patients and staff or damage to property.

56
Q

What is an advanced directive?

A

a set of written instructions that address the right of an incapacitated patient to self-determination

57
Q

What are the two types of advanced directives?

A

Living will and durable power of attorney

58
Q

What are the six principles of the Patient bill of rights/Patient care partnership

A

High-quality hospital care

Protection of patient privacy

A clean and safe environment

Involvement in the patient’s care

Help with billing and insurance claims

Help when leaving the hospital by preparing the patient and family

59
Q

What are the risk management objectives of a hospital?

A

Avoid and/or control financial loss to the hospital.

Minimize risks to patients, visitors, and hospital employees.

Collect and use data to decrease harm to patients and staff or damage to property.

Implement programs, policies, and procedures to eliminate and/or reduce negative outcomes.

Identify actual or potential causes of patient and employee accidents through risk detection, evaluation, and prevention.

60
Q

What is the safe medical device act?

A

Hospitals are required to participate in tracking medical devices whose failure could result in a serious adverse patient outcome. The law also requires hospitals and distributors and manufacturers of devices to cooperate in implementing methods for device tracking.

61
Q

What are ethics?

A

Ethics is the system of moral principles and rules that become standards for professional conduct

62
Q

What are moral principles?

A

guides for ethical decision making and are the principles we try to instill in our children, such as benevolence, trustworthiness, and honesty.

63
Q

What are the five questions asked in ethical decision making?

A

What makes a right act “right”?

To whom is moral duty owed?

What types of acts are right?

What is the relationship between specific situations and ethical principles or guidelines?

What action should be taken in the situation at hand?

64
Q

What are some factors to consider in ethical decision making?

A

Cultural beliefs

Personal values

Religious beliefs

Corporate integrity

Method(s) of problem solving

Responsibility for one’s actions

Accountability for one’s actions

65
Q

What does the code of ethics for surgical technologists include

A

To maintain the highest standards of professional conduct and patient care.

2.

To hold in confidence, with respect to the patient’s beliefs, all personal matters.

3.

To respect and protect the patient’s legal and moral rights to quality patient care.

4.

To not knowingly cause injury or any injustice to those entrusted to our care.

5.

To work with fellow technologists and other professional health groups to promote harmony and unity for better patient care.

6.

To always follow the principles of asepsis.

7.

To maintain a high degree of efficiency through continuing education.

8.

To maintain and practice surgical technology willingly, with pride and dignity.

9.

To report any unethical conduct or practice to the proper authority.

10.

To adhere to the Code of Ethics at all times with all members of the health care team.