Deck 2: Legal Concepts, Risk Management, and Ethical Issues

Question 1

The doctrine of ____________ indicates that each person is responsible for his or her own actions, even though others may also be liable.

Answer 1

Personal liability

Question 2

When an instrument is seen on X-ray within the abdominal cavity after a surgical procedure, we say that the doctrine of res ipsa loquitur applies, which means __________.

Answer 2

The thing speaks for itself

Question 3

The motto of the Association of Surgical Technologists is ____________,which means ___________.

Answer 3

Aeger primo-the patient first

Question 4

The code by which we try to live is primum non nocere, which means ____________.

Question 5

HIPAA is a federal act that protects _______________.

Question 6

Analyze the action and match the correct potential charge.

-As the scrub, you along with the circulator omitted the final count as she was on the phone with the surgeon's answering service. Circumstances rushed you into the next case. The patient later returned in septic shock to have a sponge removed from the wound. What are you and the circulator charged with?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 7

Analyze the action and match the correct potential charge.

-The physician asked for the wrong dosage of medication during the procedure. You mentally note that it is an unusual dose, but give it to him anyway, and the patient expires. The medical error resulted in harm to the patient. What type of negligence is this?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 8

Analyze the action and match the correct potential charge.

-You are scrubbed in on a case, and during the case, the surgeon insulted you, and you left the room immediately. A bleeder occurred just after you left, and there was a delay in care because there wasn't a scrub person in place. What are you charged with?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 9

Analyze the action and match the correct potential charge.

-You made some written notes on the back of the chart when helping the circulator. In the notes, you made the statement that the patient was drunk. This later went to court. Written untrue statements may result in which charges?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 10

Analyze the action and match the correct potential charge.

-You were talking in the elevator about the emergency patient who caused the wreck and stated that he was a redneck drug addict. The patient was actually a diabetic, and he was not drunk. You were overheard by a family member; what is the charge?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 11

Analyze the action and match the correct potential charge.

-A friend is admitted to the ER. You go online and check his chart to see what happened. Of what charges are you guilty?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 12

Analyze the action and match the correct potential charge.

-The time-out was omitted. The consent form was incorrectly completed for the surgical procedure. The patient did not want the surgery performed. The patient made a mark with only one witness. What charges can be filed if an informed consent is not appropriately obtained, even though no harm was done?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 13

Analyze the action and match the correct potential charge.

-The electrosurgical unit (ESU) active electrode (pencil) is left on the patient's lap and not returned to the ESU holder. You notice it, but the surgeon clips a bleeder, and you immediately pass a hemostat and then suture. As the surgeon is working to find and clip the bleeder, you place lap sponges, and he packs them away. The assistant is using suction. While you watch, the surgeon asks for a Balfour, and you pass it to him. He then asks for more laps. When you turn back to the field, you find smoke and immediately place a wet towel over the source. Upon exam, there is a 2-inch burn on the patient's leg, which is excised and six stitches placed. What type of injury is this?

A) Abandonment
B) Assault and battery
C) Iatrogenic
D) Invasion of privacy and HIPAA violation
E) Libel
F) Malpractice
G) Negligence
H) Slander

Question 14

It is accepted that we are measured by the courts of law to the standard of care that a reasonably prudent person would do under similar circumstances. Describe how you would know what the standard of care is for a reasonably prudent surgical technologist who works in a surgical department in a hospital. What resources are available to you to guide your practice of surgical technology and ensure that you are practicing within your training? (Note: These are the same resources that the court will use.)

Question 15

Discuss the implementation of a neutral zone. What is the primary purpose? Describe at least three characteristics of a neutral zone.