Chapter 2 Flashcards
(30 cards)
What is an example of an intentional tort in surgical care?
Restraints used on a patient who threatens to leave
Intentional torts involve deliberate actions that cause harm.
What is an example of an unintentional tort?
Foreign bodies left in a patient
Unintentional torts occur due to negligence or carelessness.
What does Res Ipsa Loquitur imply?
Negligence is evident in cases like wrong-site surgery or retained foreign object
This legal doctrine suggests that the facts “The thing speak for itself”
What is the Doctrine of Borrowed Servant?
Applies when an RN and CST fail to complete surgical counts, resulting in retained foreign objects, but the surgeon is not liable
This doctrine shifts liability under certain circumstances.
What does the Doctrine of Corporate Negligence pertain to?
Pertains to harm from an employee’s lack of training or credentialing
This doctrine holds the organization accountable for its employees.
What is the Captain of the Ship doctrine?
Holds the surgeon accountable for all operating room actions unless the borrowed servant doctrine applies
This doctrine emphasizes the surgeon’s overall responsibility.
What is implied consent?
Inferred under circumstances leading a reasonable healthcare provider to believe consent was given
It is not explicitly stated but assumed.
What is informed surgical consent?
Agreement or permission accompanied by full notice about what is being consented to obtained (the surgeon is responsible for obtaining)
The surgeon is responsible for obtaining informed consent.
What is special consent required for?
Required for surgical procedures
This type of consent involves more detailed information.
Define negligence in a legal context.
Departure from the standard of care
It involves failing to act as a reasonably competent professional would.
What is malpractice?
Professional misconduct resulting in harm, a form of professional negligence
It typically involves failure to meet the standard of care.
What is a deposition?
Pretrial discovery method where a surgical team member answers questions under oath
It is a formal statement used in legal proceedings.
Medical Record components
Surgeons Preference card is not part of the patients record
Who is responsible for obtaining informed surgical consent?
The surgeon
This responsibility is critical for legal and ethical standards.
What do advance directives address?
An incapacitated patient’s right to self-determination
They provide guidance on medical decisions when a patient cannot communicate.
What is the purpose of documentation in patient care?
Keeping accurate, legal records of a patient’s care
It is essential for continuity of care and legal protection.
What does surgical conscience ensure?
Safe, ethical behavior in the surgical environment
It emphasizes the importance of ethics in surgical practice.
Define ethics in a professional context.
System of behaviors and standards for professional conduct
Ethics guide decision-making in healthcare.
What are morals?
Principles like benevolence and honesty for others’ well-being
Morals guide personal behavior beyond professional standards.
What does the scope of practice identify?
Required knowledge and skills for a profession
It defines the limits of professional activities.
What does the Joint Commission do?
Created the ‘Do Not Use’ abbreviation list and defines consent standards
It sets guidelines for healthcare quality and safety.
What is the aim of HIPAA?
Protect patient privacy among other goals but not to eliminate medical errors
HIPAA focuses on confidentiality and security of health information.
What does the FDA regulate?
Medical devices under the Safe Medical Device Act
The FDA ensures safety and effectiveness of medical products.
What do CAAHEP and ABHES assess?
Educational programs for surgical technology and surgical first assist
These organizations ensure quality in surgical education.
