Legal Issues - MS

Negligence

— failure to use the care or skill that any caregiver in the same or a similar situation would be expected to use. 

Borrowed Servant Rule

— The Old Rule: It is the surgeon as captain of the ship” in the perioperative environment and was liable for the negligent acts of servant (the perioperative caregiver).

— The Key Shift: Surgeon is no longer automatically responsible for routine errors made by other staff member- miscounting surgical sponges, mixing medications incorrectly.

— Surgeon can not control every single movement of the team at all times.

Doctrine of Reasonable Man

— The patient has the right to expect that patient care personnel will use knowledge, skills, and judgment in performing duties that meets standard exercised by a reasonably prudent professionals.

— For mishaps, experts are consulted by attorneys. The results should show whether the same event performed by someone else of the similar education and role would have same result under similar circumstance.

Doctrine of Res Ipsa Loquitor

— Res “The Thing or Matter”, Ipsa “Itself”, Loquitor “To speak”

— Hence “The Thing Speaks for Itself”

— The court allows that patient’s injury to stand as inference of negligence.

Doctrine of Respondeat Superior

— “Let the master answer”-master answer for the act of the servant

— If the patient is injured within the scope of employment, the employer is responsible for the injured patient

Battery

— Is carrying out of bodily harm, as by touching without authorization or consent (Phillips & Hornacky, 2021).

Assault

— Unlawful threat to harm another physically (Phillips & Hornacky, 2021).

General consent

— This form authorizes the attending physician and staff to render standard day to day treatment or to perform generalized treatments and care as the physicians deems advisable.

– Facilitated by the admission clerk

Informed Consent

— Physicians inform the patient of risks, benefits and alternatives of procedure and to obtain consent before treatment

– Is a process not merely document