Medical Law and Ethics - Surgical Practice (Notes)

Vocabulary-style flashcards covering key terms, definitions, and concepts from the notes on intentional torts, consent, ethics, patient safety, and perioperative practice.

Intentional tort

Restraints on a patient who wants to leave.

Res ipsa loquitur

Legal doctrine associated with wrong-site surgery in the notes.

Departure of care

Described as negligence.

Professional negligence

Negligence by a professional causing harm.

Deposition

A pretrial discovery method involving sworn testimony.

Foreign bodies left in patient

Example of an unintentional tort (most common type of error per notes).

Implied consent

Consent given when the patient does not verbally say anything.

Surgeon’s preference card

Part of the operating room documentation not part of the patient’s medical record.

Surgeon

Team member responsible for obtaining written informed consent.

The Joint Commission

Agency that, in 2004, promoted do not use abbreviation lists.

Incident report

A report sent to risk management after an incident.

Legal emancipated minor

A minor legally authorized to sign informed consent.

Documentation

Thorough, accurate records of a patient’s medical care.

AHA Patient Care Partnership

AHA replacement for the Patients Bill of Rights.

HIPAA

Objectives include privacy and security; not to eliminate medical errors (per notes).

Tort

Wrongdoing that can be intentional or not.

Unintentional tort

Most common type of patient care error (negligence or malpractice per notes).

Patient autonomy in consent

Autonomy lies with the patient (per TJC definition of consent).

Ethics

Behaviors, morals, and standards of conduct for professionals.

Morals

Principles describing benevolence of care.

Ethical dilemma

A situation with potential ethical conflict (e.g., patient unable to pay and refusing treatment).

Scope of practice

Knowledge and skills required for a profession; core obligations based on education and credentialing.

Surgical conscience

Best assurance of safe and professional behavior when dealing with patient care.

Doctrine of corporate negligence

Legal doctrine applicable when injury results from lack of proper training or supervision.

Grounding pad burn negligence

Burns due to improper use of grounding pad (example of negligence).

Specimen lost/mislabeled

Examples of negligence.

Consent

Voluntary or informed act to give permission to touch.

Informed consent

Agreement or permission with full notice of what will be done.

Abandonment

Failing to monitor or protect a patient who is medicated.

Risk management

Identify unsafe or hazardous conditions.

Medical errors

Mistakes identified in the late 1990s as causing many deaths (more than some major diseases per notes).

Council on Surgical and Perioperative Safety

Organization focusing on patient and worker safety; includes surgeons, anesthesiologists, CSTs.

Neutral zone

Establishment aims to prevent sharps injuries during surgery.

CST under surgeon’s authority

CST performs intraoperative tasks under broad authority of the surgeon.

Captain of the Ship doctrine

Doctrine holding the surgeon responsible for the surgical team’s actions.

Photography of patient for social media

Taking patient photographs and sharing them on social media (considered a privacy/ethical violation; true per notes).