Standards Of Conduct Flashcards
–Accountability
•Obligation to disclose details for evaluation; “to be held responsible for”
–Affidavit
•Voluntary statement of facts sworn to be true before an authority
–Allegation
•Statement one expects to prove true
–Bona fide
•In good faith or innocently
• Deposition
–A method of pretrial discovery in which questions are answered under oath
•Guardian
–Court appointed protector for an individual incapable of making decisions
•Iatrogenic injury
–Injury resulting from the activity of healthcare professionals
•Liability
–An obligation to do or not do something; an obligation potentially or actually incurred as a result of a negligent act
•Malpractice
–Professional misconduct that results in harm to another
•Standard of care
–Conduct that is expected of an individual or professional in a given circumstance
•Negligence
–Omission or commission of an act that a reasonable and prudent individual would not do under the same conditions; “departure from the standard of care”
•Doctrine of borrowed servant
–The one controlling or directing the employee has greater responsibility than the one paying the employee
–Ex: a hospital which has employed a particular ST—is absolved of responsibility when that ‘borrowed servant’ is asked to do something—e.g., by a surgeon
•Doctrine of foreseeability
–The ability to see in advance
–Anticipating risk on patients
•Doctrine of corporate negligence
–A health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided
–Ex: Improper screening of credentials for doctors and healthcare personnel
–Ex: Specimen loss, miss labeling & improper preparation
•Doctrine of personal liability
–Each person is responsible for his or her own conduct
–The healthcare professional is still responsible if he/she fails to carry out a routine task or procedure
•Doctrine of the reasonably prudent man
–A person should perform an action as would any reasonable person of ordinary prudence
–Ex. the concept that a ST of ordinary sense will use ordinary care and skill within the scope of practice in meeting the health care needs of a patient.
•Res ipsa loquitur
–“The thing speaks for itself”
•Primum non nocere
–“Above all, do no harm”
•Respondeat superior
–“let the master (owner) answer”
•Tort
–Any civil wrong doing
–Intentional / Unintentional
•Assault
–Act that causes another person to fear that he/she will be touched in an offensive, insulting or injurious manner
•Battery
–Actual act of harmful contact
•Defamation
–Damages a person’s reputation
•False imprisonment
–Illegal detention
•Intentional infliction of emotional distress
Disparaging remarks made about a patient that results in emotional distress
Unintentional Torts
•Individuals make mistakes
•Most common type of patient indiscretions by OR personnel include:
–Negligence:
•Breach of duty
–Malpractice:
•Wrongful conduct
“Time out” period involving all members of the surgical team should take place immediately before the procedure
•All surgical team members in the O.R. must agree with the:
–Correct patient, correct side/site, and correct procedure
•General consent
–General consent for treatment
–Consents to all routines
•Special consent
–Surgeries; special procedures
•Express
–Direct verbal or written statement granting permission for treatment
•Implied
–Manifested by action or inaction of silence that assumes consent has been authorized
Written Informed Consent
•Patient’s legal name
•Surgeon’s name
•Procedure to be performed
•Patient’s legal signature – x mark
•Signature of witness
•Date and time of signatures
Who Can Give Informed Consent
•Competent adult
•Parent or legal guardian of a minor
•Guardian (permanent, temporary)
•Hospital administrator
•Courts
Patient’s Bill of Rights
•Adopted by American Hospital Association
•Requires collaboration between
–Patients
–Physicians
–Other health care professionals
•Establishes patient as a primary decision maker in consumer of health care provided
•High quality hospital care
•Clean and safe environment
•Involvement in your care
•Protection of patient privacy
•Help when leaving the hospital by preparing the patient and family
•Help with bill and insurance claims
