MISC-professional issues Flashcards
In a negligence or malpractice claim, what 4 separate things must be proven by the plaintiff
- duty
- breach of duty
- causation
- damages
What is the Latin phrase for “the things speaks for itself”
Res ipsa loquitor
What does res ipsa loquitor mean
“the thing speaks for itself”
It can shift the burden of proof from the plaintiff to the defendant
What are 2 examples of res ipsa loquitor
- foreign object is left in the pt (i.e. surgical sponge etc)
- Nerve injury sustained remote from the surgical site
What is another term for vicarious liability
respondeat superior
What does respondeat superior mean
Let the master answer Implies that another person or entity may be liable for the actions of another
What is the purpose of EMTALA and what is required of hospitals
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
What does HIPAA protect
Disclosure of a pts individually identifiable health information, either written, orally, or electronically
What are schedule 1 controlled substances
examples
Substances w/o any accepted medical use with a high potential for abuse
examples: LSD, peyote, mescaline, heroin, MDMA, marijuana
What are schedule 2 controlled substances
Examples
High potential for abuse leading to dependence
example: barbiturates, cocaine, amphetamines, methadone, opioids, PCP
What are schedule 3 controlled substances
examples
Moderate to low potential for abuse and dependence
example: ketamine, testosterone, buprenorphine, anabolic steroids, tylenol+codeine
What are schedule 4 controlled substances
examples
Low potential for abuse or dependence
examples: BZD, tramadol, talwin, phenobarb, darvocet
What are schedule 5 controlled substances
examples
Very low potential for abuse
examples: robitussin AC, lomotil, lyrica
What is the least common anesthesia malpractice injury
Awareness
What are the top 4 anesthesia malpractice injuries
- Death
- Nerve damage
- Permanent brain damage
- airway injury
How does ASA status affect odds of dying within 7 days of an anesthetic
ASA 3-5 increases odds of death by 10.65 compared to ASA 1-2
How does emergency surgery affect odds of dying within 7 days of anesthetic
Emergency surgery increases odds of death by 4.44 vs elective surgeries
How does patient age affect odds of dying within 7 days of anesthetic
Patient aged 80 have increased odds of death by 3.29 vs <60 years
What is the most common cause of permanent brain damage as determined by closed claims
airway management issues
- inadequate ventilation
- esophageal intubation
- difficult intubation
List 4 risks that increase the odds of dying within 7 days of anesthesia
- high ASA status
- emergency surgery
- major surgery
- old age