Chapter 2 Flashcards
Legal Concepts, Risk Management, and Ethical Issues
Affadavit
A voluntary statement of facts sworn to be true before an authority
Allegation
A statement that one expects to be proven as true
Case Law
All legal decisions reported on a legal given subject
Deposition
A method of pretrial discovery in which questions are answered under oath
Iatrogenic Injury
Injury resulting from healthcare workers
Indictment
The formal accusation written by a jury
Larceny
The taking of another’s property without consent
Perjury
Intentionally providing false information under oath
Plaintiff
Someone who initiates a lawsuit
Precedent
A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later
Subpoena
A court order to appear and testify or produce required documents
Tort
A civil wrong
Borrowed Servant Rule
Surgeon is not always responsible if a surgical technologist or registered nurse failed to perform a routine they were properly educated on
Captain of the Ship Doctrine
Surgeon is liable for any negligence in the operating room
Doctrine of Cooperate Negligence
A health care institution may be found negligent for failing to ensure that an acceptable level of patient care was provided.
Doctrine of Personal Liability
Each person is responsible for his or her own conduct, even though others might be liable as well.
Primum non nocere
Above all, do no harm
Res ipsa loquitur
“The thing speaks for itself;” harm obviously came from a given act or thing of which the defendant had sole control.
Respondeat superior
An employer is responsible for their employees.
Tort Law
Any civil wrong independent of a contract (most operating room)
Defendant
In criminal cases, the person accused of the crime; in civil matters, the person or organization being sued.
Doctrine of the reasonably prudent person
The ability to reasonably anticipate that harm or injury might result because of certain acts or omissions.
Doctrine of the borrowed servant
The person who is controlling/ directing the employee has greater responsibility than the one who is paying the employee
Standard of Care
The expected conduct of a professional in a given circumstance.
Doctrine of forseeability
Persons should perform an action as would any reasonable person of ordinary prudence (member of your own community)
Negligence
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”
Guardian
A court-appointed protector for a person incapable of making his or her own decisions.
Statutory Law
Any law prescribed by the action of a legislature
State Law
State statues, regulations, principles, and rules having the force of law.
Doctrine of Corporate Negligence
An obligation either to do or not do something that is the responsibility of the corporate body
Federal Law
Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and international treaties.
Malpractive
Professional misconduct that results in harm to another; professional negligence
Accountability
The obligation to disclose details for evaluation; commonly used to mean “to be held responsible for”
Personal Liability
Ann individual’s obligation either to do or not do something
Corporate Liability
Health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided
Common Law
The evolving set of principles based on court decisions
Complaint
The first pleading filed by plaintiff’s attorney in a negligence action
Trail
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
Jury
A group of citizens that decides the outcome of a criminal or civil trail
Precedent
A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later
Liability
An obligation either to do or not do something
Bone Fide
In good faith or innocently
Criminal Negligence
Reckless disregard for the safety of another; willful indifference
What is an intentional tort?
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
What is an unintentional tort?
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
What is expressed consent?
consent is a direct verbal or written statement granting permission for treatment.
What is implied consent?
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
what is informed consent?
agreement or permission accompanied by full notice about what is being consented to
What is general consent?
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.
What is special consent?
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
What information should written informed consent contain?
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
What does a medical record typically include
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)
What does an intraoperative record include?
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.
What is a sentential event/incident report?
reporting incidents related to an adverse patient occurrence
What is risk management
the effort by the hospital to collect and use data to decrease the chance of harm to patients and staff or damage to property.
What is an advanced directive?
a set of written instructions that address the right of an incapacitated patient to self-determination
What are the two types of advanced directives?
Living will and durable power of attorney
What are the six principles of the Patient bill of rights/Patient care partnership
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
What are the risk management objectives of a hospital?
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.
What is the safe medical device act?
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.
What are ethics?
Ethics is the system of moral principles and rules that become standards for professional conduct
What are moral principles?
guides for ethical decision making and are the principles we try to instill in our children, such as benevolence, trustworthiness, and honesty.
What are the five questions asked in ethical decision making?
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?
What are some factors to consider in ethical decision making?
Cultural beliefs
Personal values
Religious beliefs
Corporate integrity
Method(s) of problem solving
Responsibility for one’s actions
Accountability for one’s actions
What does the code of ethics for surgical technologists include
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.
