Legal Concepts, Risk Management, Ethical Issues, and Scope of Practice

Vocabulary practice flashcards covering Chapter 2: Legal Concepts, Risk Management, Ethical Issues, and Scope of Practice for Surgical Technology.

Accountability

The obligation to disclose details for evaluation; being responsible for one's actions.

Affidavit

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

Allegation

A statement that one expects to be proven as true.

Bona fide

In good faith or innocently.

Case law

All legal decisions reported on a given subject.

Complaint

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

Tort law

Legal system addressing intentional or unintentional civil wrongdoings that cause emotional, mental, or physical damage to a person.

Intentional tort

A willful civil wrong in which intent to commit the action must be proven.

Assault

An action that causes another person to fear that he or she will be touched in an offensive, insulting, or harmful way without consent, without actual physical contact.

Battery

The actual physical contact or touching of a person without consent in an offensive or harmful manner.

Defamation

False statements made to damage a person's reputation, occurring as slander (verbal) or libel (written).

False Imprisonment

Detaining a person against their will, physically or otherwise.

Intentional infliction of emotional distress

Derogatory or harmful words and actions directed at a person that result in severe emotional distress.

Unintentional tort

A mistake or error made without intent to harm that results in injury or damage to a patient.

Time-out

A mandatory verification procedure performed by all surgical team members prior to starting a procedure to verify patient identity, correct procedure, and operative site.

Surgical counts

Procedure performed jointly by the circulator and surgical technologist at specified intervals (pre-count, cavity closure, subcutaneous closure, and skin closure) to prevent retained foreign bodies.

Fire Triangle

The three components necessary to ignite and sustain a fire in the operating room: oxygen, heat, and fuel.

Autonomy

The state or right of a person to have control and self-government over their own life and healthcare decisions.

Consent

Giving permission for a specific action, such as a surgical procedure or medical treatment, to take place.

General consent

Consent signed upon hospital admission covering routine non-specialized treatments, diagnostic tests, IV lines, blood work, and vital sign monitoring.

Informed consent

A written document and process where a patient is educated on procedure steps, risks, benefits, alternatives, surgeon identity, and recovery expectations before agreeing to surgery.

Administrative consent

Consent utilized in urgent situations where no family or Power of Attorney is available, requiring written agreement from two consulting physicians not involved in performing the surgery.

Implied consent

Consent presumed in emergent, life-threatening situations where a patient is unable to sign but is presumed to want necessary treatment.

Patient Care Partnership

Document replacing the 1972 Patient's Bill of Rights, outlining rights to high-quality care, privacy protection, a clean/safe environment, involvement in care decisions, and discharge preparation.

The Patient Self-Determination Act (1990)

Federal legislation granting all patients the legal right to refuse medical care or treatment, even in life-threatening conditions.

Advance Directives

Legal documents used by a patient to state specific instructions regarding medical care if they become unable to communicate or make decisions.

Living Will

An advance directive detailing a patient's explicit preferences regarding life-sustaining medical interventions and treatments.

Power of Attorney (Healthcare)

A legal designation assigning another individual authority to make healthcare decisions on behalf of an incapacitated patient.

Risk Management

Hospital administrative process that collects incident report data to investigate causes, minimize institutional financial risk, assess liability, and prevent future adverse events.

The Safe Medical Device Act

Federal law enforced by the U.S. FDA to monitor and track medical devices, medical equipment, and implants, issuing recalls when adverse events occur.

HIPAA

Health Insurance Portability and Accountability Act; federal legislation establishing privacy standards to protect patient medical records and identifiable health information.

Scope of Practice

The legal and professional boundary of knowledge, skills, and duties permitted for a healthcare professional based on education, credentialing, and state laws.

AST

Association of Surgical Technologists; the professional organization representing surgical technologists that maintains codes of ethics and professional standards.

NBSTSA

National Board of Surgical Technology and Surgical Assisting; the national credentialing organization that administers certification examinations for surgical technologists and assistants.

CAAHEP

Commission on Accreditation of Allied Health Education Programs; the agency that accredits surgical technology educational programs.