MISC-professional issues

Question 1

In a negligence or malpractice claim, what 4 separate things must be proven by the plaintiff

Answer 1

1. duty
2. breach of duty
3. causation
4. damages

Question 2

What is the Latin phrase for “the things speaks for itself”

Answer 2

Res ipsa loquitor

Question 3

What does res ipsa loquitor mean

Answer 3

“the thing speaks for itself”

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

Question 4

What are 2 examples of res ipsa loquitor

Answer 4

1. foreign object is left in the pt (i.e. surgical sponge etc)
2. Nerve injury sustained remote from the surgical site

Question 5

What is another term for vicarious liability

Answer 5

respondeat superior

Question 6

What does respondeat superior mean

Answer 6

Let the master answer Implies that another person or entity may be liable for the actions of another

Question 7

What is the purpose of EMTALA and what is required of hospitals

Answer 7

To prevent patient dumping. Pts cannot be told to go elsewhere

Hospitals are required to provide a medical screening exam or treatment and stabilization of an emergency medical condition regardless of a patients ability to pay prior to transferring to another facility

Question 8

What does HIPAA protect

Answer 8

Disclosure of a pts individually identifiable health information, either written, orally, or electronically

Question 9

What are schedule 1 controlled substances

examples

Answer 9

Substances w/o any accepted medical use with a high potential for abuse
examples: LSD, peyote, mescaline, heroin, MDMA, marijuana

Question 10

What are schedule 2 controlled substances

Examples

Answer 10

High potential for abuse leading to dependence

example: barbiturates, cocaine, amphetamines, methadone, opioids, PCP

Question 11

What are schedule 3 controlled substances

examples

Answer 11

Moderate to low potential for abuse and dependence

example: ketamine, testosterone, buprenorphine, anabolic steroids, tylenol+codeine

Question 12

What are schedule 4 controlled substances

examples

Answer 12

Low potential for abuse or dependence

examples: BZD, tramadol, talwin, phenobarb, darvocet

Question 13

What are schedule 5 controlled substances

examples

Answer 13

Very low potential for abuse

examples: robitussin AC, lomotil, lyrica

Question 14

What is the least common anesthesia malpractice injury

Answer 14

Awareness

Question 15

What are the top 4 anesthesia malpractice injuries

Answer 15

1. Death
2. Nerve damage
3. Permanent brain damage
4. airway injury

Question 16

How does ASA status affect odds of dying within 7 days of an anesthetic

Answer 16

ASA 3-5 increases odds of death by 10.65 compared to ASA 1-2

Question 17

How does emergency surgery affect odds of dying within 7 days of anesthetic

Answer 17

Emergency surgery increases odds of death by 4.44 vs elective surgeries

Question 18

How does patient age affect odds of dying within 7 days of anesthetic

Answer 18

Patient aged 80 have increased odds of death by 3.29 vs <60 years

Question 19

What is the most common cause of permanent brain damage as determined by closed claims

Answer 19

airway management issues

1. inadequate ventilation
2. esophageal intubation
3. difficult intubation

Question 20

List 4 risks that increase the odds of dying within 7 days of anesthesia

Answer 20

1. high ASA status
2. emergency surgery
3. major surgery
4. old age