Legal Concepts, Risk Management, and Ethical Issues

Vocabulary flashcards generated from Chapter 2 covering legal concepts, risk management, scope of practice, and ethical issues for surgical technologists.

Torts

Any civil wrong independent of a contract that provides a remedy in the form of an action for damages.

Intentional Torts

Civil wrongs that are willful and violate the civil rights of a patient, such as assault, battery, defamation, false imprisonment, intentional infliction of emotional distress, and invasion of privacy.

Unintentional Torts

The most common types of patient care errors, which include negligence and malpractice.

Negligence

An unintentional tort requiring proof that the defendant had a duty to the plaintiff, breached that duty, was the cause of harm, and actually harmed the plaintiff.

Consent

Permission given for an action, requiring that the party granting permission has the capability and authority to do so.

Informed Consent

An agreement or permission accompanied by full notice about what is being consented to, guaranteeing awareness of condition, proposed intervention, risks, and variables.

Documentation

The placing of information into a patient's medical record or chart.

Risk Management

An effort to collect and use data to decrease the chance of harm to patients and staff or damage to property, minimize risks, and avoid or control financial loss.

Advance Directive

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

AHA Patient Care Partnership

A document replacing the Patient's Bill of Rights, written in plainer language, outlining six expectations, rights, and responsibilities for patients.

The Patient Self-Determination Act of 1990

A federal act that reinforced the patient expectations, rights, and responsibilities described in the AHA Patient Care Partnership.

The Safe Medical Device Act

Federal legislation that expanded the U.S. Food and Drug Administration's authority to regulate medical devices and mandated tracking and incident reporting.

Professional Liability Insurance

Insurance policies that should be carried by practicing surgical technologists and surgical assistants to protect against legal liabilities.

Health Insurance Portability and Accountability Act (HIPAA)

The first federal act to establish privacy standards to protect patients' medical records and other health-related information, developed by the Department of Health and Human Services.

Ethics

A system of moral principles and rules establishing what is good for the individual and society and defining the nature of duties owed to oneself and others.

Morality

Rules that dictate codes of conduct and serve as a guide to behavior.

Moral Principles

Guides for ethical decision making including concern for others' well-being, respect for autonomy, basic justice, prevention of harm, impartiality, and duty of care.

Scope of Practice

Identifies knowledge and skills required to provide effective and reliable services for which a health care provider is accountable.

Credentialing

The process that establishes a minimum knowledge base for a given health care profession, encompassing registration, certification, and licensure.

Accreditation

Process contributing to public protection by assessing educational programs for quality and effectiveness in educating and training students.

Core Curriculum for Surgical Technology

The standard curriculum framework upon which surgical technology educational programs base their instruction.