Chapter 02: Legal Concepts, Risk Management, and Ethical Issues

Which of the following legal terms is BEST described as "professional misconduct that results in harm to another"?

malpractice

Professional standards are:

specific requirements that help promote and ensure safety and care

Which of the following terms describes a civil wrong that may be intentional or unintentional?

tort

The best assurance of safe and individual professional behavior by the CST or CSFA is a well-developed, unyielding:

surgical conscience

Which of the following pertains to a patient's wishes about medical treatment and self-determination in the event of  incapacitation or inability to communicate?

advance directive

Which of the following terms best describes the process of keeping thorough, accurate, and legal records of a patient's medical care?

documentation

Which member of the surgical team is ultimately responsible for obtaining a written, informed surgical consent from a patient?

surgeon

Which of the following legal doctrines would MOST likely apply in the case of a wrong site surgery or retained foreign body?

res ipsa loquitur

Specimen loss, mislabeling, and improper preparation are examples of which of the following?

negligence

Which of the following terms meets the following definition: a voluntary and informed act in which one party gives permission to another party to "touch"?

consent

Verification that educational programs meet minimum accreditation standards is done by:

CAAHEP

A special consent form would be required for which of the following situations during a hospital admission?

surgical procedure

The phrase "departure from the standard of care" BEST describes which of the following legal terms?

negligence

Negligence committed by a professional who deliberately acts outside of her or his scope of practice, or while impaired, is known as ________.

malpractice

Because of the legal implications of this document, it must be signed by the physician, the patient, and a witness. This document is called a(n) __________________. Without this signed document, surgery cannot proceed.

informed consent

A derogatory statement concerning other coworkers' skills, character, or reputation is unprofessional and known as a(n) _____________________.

defamation

A wrong, independent of contract law violations, perpetrated by one person against another person or person's property that can be compensable by money damages is known as ___________.

a tort

What is the name of the type of report sent to risk management in an effort to decrease the chance of harm to patients or staff or damage to hospital property?

sentinel event

Which of the following is an example of an intentional tort pertaining to surgical patient care?

Restraints are used on a patient who threatens to leave.

If a patient suffered a burn as a result of improper application of the ESU dispersive (grounding) pad, the individual team member responsible may be found guilty in a lawsuit of which of the following?

negligence

The broad objectives of the Health Insurance Portability and Accountability Act (HIPAA) include all of the following EXCEPT:

eliminate medical errors

Which of the following torts would be classified as unintentional?

foreign bodies left in patient

Under the U.S. Constitution, each state has the power to regulate businesses and professions, including the practice of medicine and nursing. The laws differ from state to state and are called _____________ and _____________.

medical practice acts, nurse practice acts

The legal term that identifies the knowledge and skills required for a profession and describes a health care provider's core accountability, based on education, experience, and credentialing is:

scope of practice

Surgical team members who fail to monitor and protect a medicated patient from falling could be charged with:

abandonment

A mandated procedure for ensuring that surgery is performed on the correct patient, site, and side is called __________________.

timeout

Civil _____________ is the threat or attempt to harm another person.

assault

Surgical technologists are required to ____________ medications on the field.

all the above

Which type of consent applies when emergency circumstances exist when reasonable providers believe that a patient would agree to treatment, even if no form was signed or verbal permission given?

implied

It is always ethical for the OR staff to inform the patient and family of their beliefs and attitudes of a particular procedure.

False

A patient's operative consent form, or ____________________, is the process in which the attending practitioner explains risks, benefits, and alternatives of the surgery to the patient.

informed consent

According to your readings and lecture, the doctrine of respondeat superiormeans:

Let the master answer

What is the term that describes a method of pretrial discovery in which a surgical team member might answer questions under oath?

deposition

_____________ is the transfer of responsibility for a task from one person to another.

Delegation

The surgical consent is signed by the ________, __________, and a(n) ___________.

patient, surgeon, witness

Tammy is a program director and is always talking about her supervisor. Tammy informs the class that her supervisor is uneducated and does not know the standards and guidelines. Because Tammy has made this verbal statement this is considered:

slander

The most common types of patient-care errors committed by operating room personnel, including negligence and malpractice, are categorized as:

unintentional torts

Which legal doctrine would be MOST applicable in a case involving injury to a patient as a result of a hospital employee's lack of proper training or credentialing?

doctrine of corporate negligence

A mandated procedure for ensuring that surgery is performed on the correct patient, site, and side is called __________________.

timeout

As a surgical technologist you are required to assist on all procedures assigned regardless of your own personal beliefs or morals, regardless of the fact that there are other personnel available to do that procedure.

False

the American Hospital Association replaced "Patient's Bill of Rights" with what?

Patient Care Partnership

"Captain of the ship" doctrine currently holds the surgeon accountable for all actions of the operating room team in lawsuits.

False

Which legal doctrine would be MOST applicable in a case involving failure by the RN and CST to do proper surgical counts resulting in retention of a foreign object and the surgeon being found not liable?

doctrine of borrowed servant

A(n) ___________ is an unexpected occurrence involving death or serious psychological injury, or risk thereof. It is titled as such because it signals the need for immediate investigation and response.

sentinel event

For which of the following processes are identification and reporting of unsafe conditions and hazards MOST critical?

risk management

Civil _____________ is the threat or attempt to harm another person.

battery

General consent is obtained by patients admitted to the hospital and covers all routine services and medical treatment in broad terms but not invasive procedures such as surgery.

True

Living will and medical power of attorney are examples of advance directives in health care.

True

Intentionally lying or falsifying information given during a court testimony after being sworn to tell the truth is known as ________.

perjury

Legal principle, created by a court decision, that provides an example of authority for judges deciding similar issues later

Precedent

Taking another's property without consent

Larceny

A statement one expects to prove true

Allegation

An injury resulting from the activity of health care professionals

Iatrogenic injury

The individual who initiates a lawsuit

Plaintiff

A surgical technology student who photographs a patient and posts the image on the Internet could be sued for invasion of privacy and HIPAA violation.

True

Law in most society is intended to protect:

individuals

__________ involves contact with intent to injure and applies even if no injury occurred.

Battery

Which of the following surgical patients would be legally authorized to sign an informed surgical consent, based on medical practice acts and state law?

an emancipated 16-year-old minor

Choose the correct statement concerning common circumstances in which falls occur:

All of the above

Which of the following would NOT be considered an example of a potential ethical dilemma?

patient privacy

A____________ is a legal document that specifically states the type of medical intervention or treatment the patient wants.

living will

Law is a:

rule or set of rules that governments make to regulate people's behavior

A summons differs from a subpoena in that a summons makes its recipient a party to the lawsuit. If a person receives a summons, he or she is being ________.

sued

_____________ means deliberate efforts to erode the reputation of another person.

Defamation

The circulator has transported the patient to the operating room but has forgotten the patient's chart. The circulator leaves the patient alone and returns to the preoperative area to get the chart. Upon returning, the circulator finds the patient lying on the floor. The circulator may be charged with ________.

abandonment

Aeger primo is defined as ____________.

the patient first

You are scrubbed with Dr. Jones on a laparoscopic cholecystectomy. Dr. Jones and Dr. Adams start telling jokes in a sexual manner. These comments make you feel uncomfortable; you would consider this:

sexual harassment

What is establishing a neutral zone designed to do?

prevent sharps injuries during surgical procedures

All of the following carry the force of state or national legal enforcement EXCEPT:

implementation of the neutral zone

A legal document stating the patient's wishes for refusing or limiting care if the patient becomes incompetent is known as a(n) ____________.

living will

________ are performed by two people during any surgery in which an item can be lost inside of the patient.

Surgical counts

Failure to ____________ can occur when a member of the team neglects to pass on vital information that requires action.

communicate

Which part of the patient's medical record documentation would contain pre-op and post-op diagnoses, positioning, skin prep, start and stop times, counts, and dressings?

intraoperative record

The phrase “departure from the standard of care” BEST describes which of the following legal terms?

negligence

all of the following are components of the surgical patients medical record except:

surgeons preference card

in 2004, which of the following agencies created the "do not use" abbreviation list?

the joint commision (jc)

in common adage, what is the "best medicine" in health care?

prevention

according to the joint commission's definition regarding consent to surgical intervention, which party has "autonomy"?

the patient

which of the following terms describes the system of principles that become standards of conduct for professionals?

ethics

which of the following would not be considered an example of a potential ethical dilemma?

Patient privacy

the legal term that identifies the knowledge and skills requlred for a profession and describes a health care providers cor accountability, based on education, experience, and credentialing

scope of practice

which of the following is not a form of individual professional credentialing that protects the public from unqualified health care providers?

accreditation

graduates of CAAHEP or ABHES programs are elgible to sit for the CST or CSFA examinatons administered by:

NBSTSA

which legal doctrine would be most applicable in a case iinvolving failure by the RN and CST to do proper surgical counts resulting in retention of a foreign object and the surgeon being found not liable?

doctrine of borrowed servant

which legal doctrine would be most applicable in a case involving injury to a patient as a result of a hospital employees lack of proper training or credentialing?

doctrine of corporate negligence

which type of legal action is most likely in cases involving tort law and OR personnel?

civil

Which of the following terms meets the following definition: a voluntary and informed act in which one party gives permission to another party to "touch"?

consent

which of the following forms of consent is defined by the joint commission as "agreement or permission accompanied by full notice about what is being consented to"?

general

which part of the patient's medical record documentation would contain pre-op and post-op diagnoses, positioning, skin prep, start and stop times, counts, and dressings?

intraoperative record

for which of the following processes are identification and reporting of unsafe conditions and hazards most critical?

risk management

which of the following was identified in the late 1990's as causing more deaths in the US than car accidents, aids, and breast cancer combined?

medical errors

what is establishing a neutral zone designed to do?

prevent sharps injuries during surgical procedures

which governmental agency has authority as outlined in the Safe Medical Device Act?

FDA

t/f "captain of the ship" doctrine holds the surgeon accountable for all actions of OR team in lawsuits

false

t/f general consent is obtained by patients admitted to the hospital and covers all routine services and medical treatment in broad terms but not invasive procedures such as surgery

true

t/f living will and durable power of attorney are examples of advance directives in health care

true

t/f erros in chart documentation should be erased to prevent confusion by subsequent caregivers

false