Intro to Surgical Technology - Legal and Ethical Responsibilities 3-A Flashcards
process for identifying the factors that are the basis for any variation in performance, including the occurrence or possible occurrence of a sentinel event
root cause analysis
having to do with traditional medical principles that require physicians to follow a high standard of moral conduct while practicing medicine
hippocratic
principles that govern human conduct and values
ethics
failure to use care that a reasonable and prudent person would use under similar circumstances
negligence
an unexpected or unanticipated event (unrelated to the natural course of the patient;s illness) in a health care setting that results in death or serious psychological or physical injury to a patient
sentinel event
insurance that protects a professional person such as a physician, surgical technologist, or dentist against an act of negligence
malpractice insurance
provides federal protection for personal health information, grants patients various rights, and permits the disclosure of personal health information needed for patient care
HIPAA Privacy Rules
a violation of the obligation to keep a patient’s records and confidences private
breach of confidentiality
an injury induced by a doctor or care giver
latrogenic injury
the degree of negligence in which each of the parties involved may be shown to have been responsible for the injury caused
comparative negligence
literally “a superior (or master) must answer”; employers are responsible for the acts and omissions of their employees
respondeat superior
the expectation that an individual may be called to account for actions taken that were consistent with responsibilities contracted by virtue of employment or learner experience
accountability
law established on the basis of previous court decisions
common law
literally, “a thing that speaks for itself”; a defendant is guilty of negligence without the need to show their direct involvement; its use is limited to cases in which the cause of a plaintiff’s injury was entirely under the control of the defendant and presumably the injury could have been caused only by negligence
res ipsa loquitur
a statement made to a lawyer, physician or member of the clergy in confidence and implicitly understood that it shall remain a secret
confidential communication
a private or civil wrong or injury for which the court provides a remedy through an action for damages
tort
literally, “the patient first”; the motto of the Association of Surgical Technologists
aeger primo
legally valid document written in advance of serious illness that state a patient’s choices for health care or names a second party to make those choices if the patient becomes unable to make decisions
advance directive
the state of being legally responsible for one’s actions
personal liability
a person accused of a tort or crime who is required to make answer in a legal action or suit
defendant
one who commences a legal action or suit to obtain a remedy for an injury to his/her rights; the complaining party
plaintiff
the right of a patient to expect that professional and technical personnel will perform their duties and meet the standards of other reasonable, prudent, and honest personnel involved in similar circumstances
doctrine of reasonable man
a legal process charging a party with a wrong done or a crime committed
complaint
any professional misconduct resulting in harm to another
malpractice
testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes part of the court’s file
deposition
literally, “first do no harm”; a guiding principal of the Hippocratic medical ethics
primum non nocere
the supervisor, instructor, or physician is absent while the surgical technologist is performing their responsibilities or the supervisor, instructor, or physician is not near enough to the technologist to give assistance
lack of proper supervision
an act or omission that is the result of actual conscious indifference to rights, safety, or welfare of persons
gross/criminal negligence
law enacted by Congress and state legislatures
statutory law
a lawsuit
litigation
the degree to which an action could be anticipated to cause injury; a key issue in determining a person’s liability
doctrine of foreseeability
the employer normally liable for an employee’s actions is not held responsible when that employee is under the direction of someone else
doctrine of borrowed servant
the formal process of examining evidence by a judge and usually before a jury, in order to determine guilt in criminal or civil cases
trial
the granting of licenses to practice a profession; ensures that individual is qualified and has met certain educational and training standards
licensure
documentation that confirms that one has met the requirements of and may practice in the field
certification
the process of establishing a minimum level of skills and knowledge for a professional activity
credentialing
the formal recognition of an instructional program as conforming with a set of standards
accreditation
the act of listing qualified individuals in a registry
registration
To maintain the highest standards of professional conduct and patient (care or privacy)
care
To hold in confidence, with respect to the patient’s (beliefs or opinions), all personal matters
beliefs
To respect and ( acknowledge or protect) the patient’s legal and moral rights to quality patient care
protect
To not knowingly cause injury or any (embarrassment or injustice) to those entrusted to our care.
injustice
To always follow the principles of (asepsis or cleanliness)
asepsis
To maintain a high degree of (safety or efficiency) through continuing education
efficiency
To adhere to the (moral principles or code of ethics) at all times with all members of the health are team
code of ethics
To maintain and practice surgical technology willingly with pride and (accountability or dignity)
dignity
Standards of professional practice describe activities related to quality assurance, education, ethical behavior, and ______.
accountability
Standards are set and maintained by each medical facility to provide guidelines for patient care and _____.
safety
Personnel must adhere to established policies and procedures to protect themselves, other workers and the medical facility from _____.
litigation
_____ is essential to perioperative care and contingent upon interpersonal skills.
Teamwork
Preoperative planning and preparation for surgical intervention are _____ to meet the needs of the patient and the surgeon.
individualized
Application of basic and current _____ is necessary for a proficient performance of assigned functions.
knowledge
Each patient’s rights to _____, dignity, safety, and comfort are respected and protected.
privacy
Every patient is entitled to the same application of _____ techniques within the physical facilities.
asepsis