Chapter 2

Question 1

Affadavit

Answer 1

A voluntary statement of facts sworn to be true before an authority

Question 2

Allegation

Answer 2

A statement that one expects to be proven as true

Question 3

Case Law

Answer 3

All legal decisions reported on a legal given subject

Question 4

Deposition

Answer 4

A method of pretrial discovery in which questions are answered under oath

Question 5

Iatrogenic Injury

Answer 5

Injury resulting from healthcare workers

Question 6

Indictment

Answer 6

The formal accusation written by a jury

Question 7

Larceny

Answer 7

The taking of another’s property without consent

Question 8

Perjury

Answer 8

Intentionally providing false information under oath

Question 9

Plaintiff

Answer 9

Someone who initiates a lawsuit

Question 10

Precedent

Answer 10

A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later

Question 11

Subpoena

Answer 11

A court order to appear and testify or produce required documents

Question 12

Tort

Answer 12

A civil wrong

Question 13

Borrowed Servant Rule

Answer 13

Surgeon is not always responsible if a surgical technologist or registered nurse failed to perform a routine they were properly educated on

Question 14

Captain of the Ship Doctrine

Answer 14

Surgeon is liable for any negligence in the operating room

Question 15

Doctrine of Cooperate Negligence

Answer 15

A health care institution may be found negligent for failing to ensure that an acceptable level of patient care was provided.

Question 16

Doctrine of Personal Liability

Answer 16

Each person is responsible for his or her own conduct, even though others might be liable as well.

Question 17

Primum non nocere

Answer 17

Above all, do no harm

Question 18

Res ipsa loquitur

Answer 18

“The thing speaks for itself;” harm obviously came from a given act or thing of which the defendant had sole control.

Question 19

Respondeat superior

Answer 19

An employer is responsible for their employees.

Question 20

Tort Law

Answer 20

Any civil wrong independent of a contract (most operating room)

Question 21

Defendant

Answer 21

In criminal cases, the person accused of the crime; in civil matters, the person or organization being sued.

Question 22

Doctrine of the reasonably prudent person

Answer 22

The ability to reasonably anticipate that harm or injury might result because of certain acts or omissions.

Question 23

Doctrine of the borrowed servant

Answer 23

The person who is controlling/ directing the employee has greater responsibility than the one who is paying the employee

Question 24

Standard of Care

Answer 24

The expected conduct of a professional in a given circumstance.

Question 25

Doctrine of forseeability

Answer 25

Persons should perform an action as would any reasonable person of ordinary prudence (member of your own community)

Question 26

Negligence

Answer 26

Either the omission or commission of an act that a reasonably and prudent individual would not do under the same conditions; may be associated with the phrase "departure from the standard of care"

Question 27

Guardian

Answer 27

A court-appointed protector for a person incapable of making his or her own decisions.

Question 28

Statutory Law

Answer 28

Any law prescribed by the action of a legislature

Question 29

State Law

Answer 29

State statues, regulations, principles, and rules having the force of law.

Question 30

Doctrine of Corporate Negligence

Answer 30

An obligation either to do or not do something that is the responsibility of the corporate body

Question 31

Federal Law

Answer 31

Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and international treaties.

Question 32

Malpractive

Answer 32

Professional misconduct that results in harm to another; professional negligence

Question 33

Accountability

Answer 33

The obligation to disclose details for evaluation; commonly used to mean "to be held responsible for"

Question 34

Personal Liability

Answer 34

Ann individual's obligation either to do or not do something

Question 35

Corporate Liability

Answer 35

Health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided

Question 36

Common Law

Answer 36

The evolving set of principles based on court decisions

Question 37

Complaint

Answer 37

The first pleading filed by plaintiff's attorney in a negligence action

Question 38

Trail

Answer 38

The presentation of evidence in a court of law in order to achieve a resolution or, in a criminal act, to determine a person's innocence or guilt

Question 39

Jury

Answer 39

A group of citizens that decides the outcome of a criminal or civil trail

Question 40

Precedent

Answer 40

A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later

Question 41

Liability

Answer 41

An obligation either to do or not do something

Question 42

Bone Fide

Answer 42

In good faith or innocently

Question 43

Criminal Negligence

Answer 43

Reckless disregard for the safety of another; willful indifference

Question 44

What is an intentional tort?

Answer 44

Acts are willful and violate the civil rights of a patient Include: Battery, Assault, Defamation, False imprisonment, Intentional infliction of emotional distress, Invasion of privacy

Question 45

What is an unintentional tort?

Answer 45

Mistakes made by the surgical team which can include: Patient misidentification, wrong procedure, foreign bodies left in patient, pt burns, falls, improper id of specimen

Question 46

What is expressed consent?

Answer 46

consent is a direct verbal or written statement granting permission for treatment.

Question 47

What is implied consent?

Answer 47

occurs under circumstances that would lead a reasonable health care provider to believe that the patient had given consent although no direct or verbally expressed words of consent had been given

Question 48

what is informed consent?

Answer 48

agreement or permission accompanied by full notice about what is being consented to

Question 49

What is general consent?

Answer 49

the patient consents to all routine services, general diagnostic procedures, medical treatment, and other normal and routine “touching” that may be expected to result from any hospitalization.

Question 50

What is special consent?

Answer 50

Special consent must be given for any procedure that entails an abnormal risk: surgical procedures, fertility and sterilization procedures, anesthesia, transfusions, chemotherapy, participation in experimental programs, and so on

Question 51

What information should written informed consent contain?

Answer 51

Patient’s legal name Surgeon’s name Procedure to be performed, including side if applicable Risks of anesthesia and procedure, including complications Patient’s legal signature Signature of witness(es) Date and time of signatures

Question 52

What does a medical record typically include

Answer 52

Diagnosis Medication record Discharge condition Identification of the patient Possible follow-up treatment plan Treatment plan, details, and results Patient’s medical history and physical examination Test results and physical findings made during the patient’s hospital stay Identification of the physician(s), nurse(s), and other health care providers involved in the patient’s care (e.g., the circulator will note the name of each surgical team member)

Question 53

What does an intraoperative record include?

Answer 53

surgical team; the patient’s condition before, during, and after surgery; the patient’s position and skin prep; the insertion of urinary catheter (if performed); the “time out” before the surgical skin incision; times of initiation and termination of the procedure; documentation of counts; and information concerning drains and dressings.

Question 54

What is a sentential event/incident report?

Answer 54

reporting incidents related to an adverse patient occurrence

Question 55

What is risk management

Answer 55

the effort by the hospital to collect and use data to decrease the chance of harm to patients and staff or damage to property.

Question 56

What is an advanced directive?

Answer 56

a set of written instructions that address the right of an incapacitated patient to self-determination

Question 57

What are the two types of advanced directives?

Answer 57

Living will and durable power of attorney

Question 58

What are the six principles of the Patient bill of rights/Patient care partnership

Answer 58

High-quality hospital care Protection of patient privacy A clean and safe environment Involvement in the patient’s care Help with billing and insurance claims Help when leaving the hospital by preparing the patient and family

Question 59

What are the risk management objectives of a hospital?

Answer 59

Avoid and/or control financial loss to the hospital. Minimize risks to patients, visitors, and hospital employees. Collect and use data to decrease harm to patients and staff or damage to property. Implement programs, policies, and procedures to eliminate and/or reduce negative outcomes. Identify actual or potential causes of patient and employee accidents through risk detection, evaluation, and prevention.

Question 60

What is the safe medical device act?

Answer 60

Hospitals are required to participate in tracking medical devices whose failure could result in a serious adverse patient outcome. The law also requires hospitals and distributors and manufacturers of devices to cooperate in implementing methods for device tracking.

Question 61

What are ethics?

Answer 61

Ethics is the system of moral principles and rules that become standards for professional conduct

Question 62

What are moral principles?

Answer 62

guides for ethical decision making and are the principles we try to instill in our children, such as benevolence, trustworthiness, and honesty.

Question 63

What are the five questions asked in ethical decision making?

Answer 63

What makes a right act “right”? To whom is moral duty owed? What types of acts are right? What is the relationship between specific situations and ethical principles or guidelines? What action should be taken in the situation at hand?

Question 64

What are some factors to consider in ethical decision making?

Answer 64

Cultural beliefs Personal values Religious beliefs Corporate integrity Method(s) of problem solving Responsibility for one’s actions Accountability for one’s actions

Question 65

What does the code of ethics for surgical technologists include

Answer 65

To maintain the highest standards of professional conduct and patient care. 2. To hold in confidence, with respect to the patient’s beliefs, all personal matters. 3. To respect and protect the patient’s legal and moral rights to quality patient care. 4. To not knowingly cause injury or any injustice to those entrusted to our care. 5. To work with fellow technologists and other professional health groups to promote harmony and unity for better patient care. 6. To always follow the principles of asepsis. 7. To maintain a high degree of efficiency through continuing education. 8. To maintain and practice surgical technology willingly, with pride and dignity. 9. To report any unethical conduct or practice to the proper authority. 10. To adhere to the Code of Ethics at all times with all members of the health care team.