CRQ Law and Consents Flashcards

1
Q

The legal term that means, “first, do no harm” is:

A) primum non nocere

B) res ipsa loquitur

C) iatrogenic medical injury

D) respondent superior

A

A) primum non nocere

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2
Q

Which fact is NOT necessary in order for a consent to be considered valid ?

A) specific procedure to be performed is stated clearly

B) witnesses’ signatures are present

C) documentation states surgeon’s presence at consent signing

D) the date of signing is present

A

C) documentation states surgeon’s presence at consent signing

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3
Q

A patient was burned on the lip with a hot mouth gag. Which of the following actions would have prevented this incident?

A) The circulator cooled the item in the sterilizer

B) The scrub nurse warned the surgeon that the item was hot

C) The scrub nurse cooled the item in a basin with the sterile water

D) The surgeon had checked the item before using it

A

C) The scrub nurse cooled the item in a basin with the sterile water

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4
Q

A patient signed a permission form for surgery, but because of a language barrier he or she does not fully understand what she or he has signed. This could constitute a liability case for

A) assault and battery

B) lack of accountability

C) improper documentation

D) invasion of privacy

A

A) assault and battery

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5
Q

In the event that a child needs emergency surgery, and the parents cannot be located to sign the permission

A) no permission is necessary

B) permission is signed by a court of law

C) permission is signed by the physician

D) a written consultation by two physicians other than the surgeon will suffice

A

D) a written consultation by two physicians other than the surgeon will suffice

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6
Q

Which statement regarding the withdrawel of a consent by a patient is not true?

A) The surgeon informs the patient of the dangers if the procedure is not carried out

B) The surgeon informs the hospital administration of the patient’s refusal

C) The surgeon obtains a written refusal from the patient

D) The surgeon may do the procedure if he documents that it is necessary as a lifesaving measure

A

D) The surgeon may do the procedure if he documents that it is necessary as a lifesaving measure

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7
Q

Which statement regarding the withdrawel of a consent by a patient is NOT true?

A) the surgeon informs the patient of the dangers if the procedure is not carried out

B) the surgeon informs the hospital administration of the patient’s refusal

C) the surgeon obtains a written refusal from the patient

D) the surgeon may do the procedure if he documents that it is necessary as a life-saving measure

A

D) the surgeon may do the procedure if he documents that it is necessary as a life-saving measure

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8
Q

A patient signs a consent for surgery but does not speak English and does not fully understand what he/she signed. Surgery on this patient could constitute a liability case for:

A) Assault and Battery

B) Improper documentation

C) Invasion of privacy

D) Negligence

A

A) Assault and Battery

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9
Q

If a patient is illiterate, how is the censent form signed?

A) witness sign’s patients name

B) patient marks an X

C) Gaurdian signs the consent

D) Surgeon signs the consent

A

B) patient marks an X

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10
Q

The ultimate responsibility for obtaining consent lies with the

A) operating room supervisor

B) circulating nurse

C) surgeon

D) unit charge nurse

A

C) surgeon

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11
Q

The code of ethics of the Association of Surgical Technologists include:

A) to follow the principles of asepsis

B) to report any unethical conduct or practice to the proper authorities

C) to respect and protect the patients legal and moral rights for quality patient care

D) All of the above

A

D) All of the above

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12
Q

The operative paperwork completed by the RN conatins

A) sponges, sharps, and instrument counts

B) specimans

C) medications given

D) all of the above

A

D) all of the above

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13
Q

The legal doctrine which holds the institution liable for failure to ensure an acceptable level of care is:

A) respondent superior

B) doctrine of reasonable man

C) borrowed servant rule

D) corporate negligence

A

D) corporate negligence

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14
Q

If a surgical sponge was left in a patient, this would be an example of which legal doctrine?

A) res ipsa loquitur

B) respondent superior

C) extension doctrine

D) assault and battery

A

A) res ipsa loquitur

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15
Q

In which of the following situations will the patient not be allowed to sign the consent for surgery?

A) Patient is legal age

B) patient received preoperative medications

C) Patient explained alternative treatments

D) Patient is emancipated minor

A

B) patient received preoperative medications

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16
Q

The surgical consent can be witnessed by each of the following except

A) the surgeon

B) a nurse

C) an authorized hospital employee

D) the patient’s spouse

A

D) the patient’s spouse

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17
Q

Liability is a legal rule that

A) applies only in criminal actions

B) holds the hospital responsible for its personnel

C) holds each individual responsible for his or her own acts

D) has no significance in malpractice suits

A

C) holds each individual responsible for his or her own acts

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18
Q

The doctrine of Respondeat Superior refers to

A) the legal terms for assault and battery

B) invasion of privacy

C) employer liability for employee’s negligent conduct

D) professional misconduct

A

C) employer liability for employee’s negligent conduct

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19
Q

The lack of care or skill that anyone in the same situation would be expected to use is the legal definition of:

A) Tort

B) malpractice

C) negligence

D) iatrogenic injury

A

C) negligence

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20
Q

If a patient falls because he or she was left unattended, the OR team member could be cited in a lawsuit for.

A) misconduct

B) assault

C) doctrine of Respondeat Superior

D) abandonment

A

D) abandonment

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21
Q

Each of the following applies to an incident report except

A) notation is made on the patient’s OR record

B) statement should be factual and noninterpretive

C) description includes action taken

D) details are complete and accurate

A

A) notation is made on the patient’s OR record

22
Q

A general consent form :

A) Authorizes all routine treatments or procedures

B) Authorizes treatment only for patients receiving general anesthesia

C) Authorizes treatment for patients experimental drugs

D) authorizes treatment for patients who are inconscious

A

A) Authorizes all routine treatments or procedures

23
Q

A general consent form is

A) a form authorizing all treatments or procedures

B) a form for all patients having general anesthesia

C) a form for all patients having hazardous therapy

D) another name for an operative permit

A

A) a form authorizing all treatments or procedures

24
Q

The surgical consent is signed

A) before induction

B) in the holding area

C) the morning of surgery

D) before administration of preoperative medications

A

D) before administration of preoperative medications

25
Q

The doctrine of respondent superior refers to:

A) The patient first

B) Employer responsible for employee’s actions

C) Do no harm to the patient

D) Harm came from a given act by defendant

A

B) Employer responsible for employee’s actions

26
Q

If a premedicated patient were left unattended and fell from the stretcher and received an injury, this would be a direct example of:

A) abandonment

B) corporate negligence

C) accountability

D) doctrine of the reasonable man

A

A) abandonment

27
Q

Failing to observe or act in a situation that the individual should have known about and acted on is called

A) negligence

B) abandonment

C) guilt

D) defamation

A

A) negligence

28
Q

A criteria that identifies, measures, monitors, and evaluates patient care is

A) audits

B) automated information systems

C) quality control circles

D) quality assurance programs

A

D) quality assurance programs

29
Q

A patient is premedicated and brought to the operating room for a cystoscopy and an open reduction of the wrist. Upon arrival in the operating room, it is observed that the patient has signed only for the cystoscopy. The correct procedure would be to

A) cancel surgery until a valid permission can be obtained

B) have the patient sign for the additional procedure in the operating room

C) ask the patient verbally for consent and have witnesses attest to it

D) let the surgeon make the decision as to whether surgery could be done

A

A) cancel surgery until a valid permission can be obtained

30
Q

The surgical consent form can be witnessed by each of the following EXCEPT

A) the surgeon

B) a nurse

C) an authorized hospital employer

D) the patient’s spouse

A

D) the patient’s spouse

31
Q

Conditions of signing the consent form include

A) signed volunatrily

B) patient must be competent

C) patient must sign before preoperative medications are given

D) All of the above

A

D) All of the above

32
Q

Liability is a legal rule that

A) applies only to criminal acts

B) holds the hospital responsible for its personnel

C) holds each individual responsible for his or her own actions

D) has no significance in malpractice suits

A

C) holds each individual responsible for his or her own actions

33
Q

Events requiring an incident report include

A) bullying

B) equipment failure

C) incorrect count

D) all of the above

A

D) all of the above

34
Q

The patient is scheduled for an appendectomy. After completing this procedure, the surgeon decides to remove a mole from the shoulder while the patient is still under anesthesia. No permission was obtained for this. The circulating nurse should

A) report it to the anesthesiologist

B) report it to the chief of surgery

C) report it to the supervisor or proper administrative authority

D) let the surgeon proceed because it is his or her responsibility to obtain the consent

A

C) report it to the supervisor or proper administrative authority

35
Q

The legal doctrine that mandates every professional nurse and technician to carry out their duties according to national standards of care practiced throughout the country is the

A) doctrine of Res ipsa Loquitor

B) doctrine of Respondeat Superior

C) Nurse Practice Act

D) doctrine of Reasonable Man

A

D) doctrine of Reasonable Man

36
Q

An informed consent

A) authorizes routine duties carried out at the hospital

B) protects patient from unratified or unwanted procedures

C) protects the surgeon and the hospital from claims of an unauthorized operation

D) B and C

A

D) B and C

37
Q

Defamation or injury to an individual’s character carried out in writing is called

A) slander

B) liable

C) libel

D) abandonment

A

C) libel

38
Q

A discription of conduct that is expected of every surgical technologist in a given circumstance is referred to as:

A) Common law

B) Affidavit

C) Personal Liability

D) Standard of Care

A

D) Standard of Care

39
Q

Implied consent

A) is the preferred option for consents

B) is allowed by law in emergencies when no other authorized person may be contacted

C) is never legally valid

D) is the permission for surgical action

A

B) is allowed by law in emergencies when no other authorized person may be contacted

40
Q

The legal document signed by the patient before surgery is

A) operative report

B) safe medical act

C) ethical policy

D) informed consent

A

D) informed consent

41
Q

Law that is due to the actions of a legislator is called:

A) Statutory Law

B) Case Law

C) Common Law

D) Criminal Law

A

A) Statutory Law

42
Q

The patient has withdrawn the general consent prior to surgery. What action should be taken?

A) Transport patient to the OR; inform surgeon

B) Do not transport patient to the OR; inform surgeon

C) Do not transport patient; inform the anesthesia provider

D) Transport patient to OR; inform OR supervisor

A

B) Do not transport patient to the OR; inform surgeon

43
Q

Patient safety in the operating room is the responsibility of the:

A) surgeon

B) anesthesiologist

C) nurse

D) entire surgical team

A

D) entire surgical team

44
Q

A document which a person gives instructions about his or her medical care in the event that the individual cannot speak is

A) hospital policy

B) administrative law

C) ethical deposition

D) advanced directive

A

D) advanced directive

45
Q

An injury sustained due to the care given by a health care professional is called:

A) negligence

B) liability

C) iatrogenic

D) larceny

A

C) iatrogenic

46
Q

Consents are required for

A) anesthesia

B) blood and blood products

C) experimental treatments

D) All of the above

A

D) All of the above

47
Q

The Latin phrase “Aeger primo” refers to

A) patient first

B) do no harm

C) breathe

D) it speaks for itself

A

A) patient first

48
Q

The legal rule broken when a surgical team member discloses information about a patient which he or she learned in the operating room is:

A) invasion of privacy

B) doctrine of reasonable man

C) iatrogenic injury

D) primum non nocere

A

A) invasion of privacy

49
Q

A criteria that identifies, measures, monitors, and evaluates patient care is

A) Audits

B) automated information systems

C) quality control circles

D) quality assurance programs

A

D) quality assurance programs

50
Q

Accreditation for surgical technology programs is

A) ARC/STSA

B) CAAHEP

C) AORN

D) JACHO

A

B) CAAHEP