Question 1

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?

Accepted Answer

The doctrine of corporate negligence holds healthcare institutions responsible for the acts of their employees or agents, including inadequate training or credentials.

Question 2

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"?

Accepted Answer

The Joint Commission defines "informed consent" as requiring full notice and understanding of what is being consented to. General consent is a broader authorization for routine medical treatment, while implied consent is assumed based on the circumstances of the medical procedure. Special consent (also known as specific consent) is given for non-routine or higher risk procedures.

Question 3

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

Accepted Answer

These are examples of negligence, which is the failure to exercise reasonable care in a situation that causes harm or injury to another person.

Question 4

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:

Accepted Answer

The 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 called a scope of practice. This outlines the specific actions, procedures, and processes that an individual in a particular role is authorized to perform. It is important that providers understand their scope of practice to ensure they are providing safe and effective care within their area of expertise.

Question 5

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

Accepted Answer

Patient privacy is not an ethical dilemma in itself; it is a principle that healthcare providers are expected to uphold. Ethical dilemmas arise when there are conflicting values or principles, such as in the cases of genetic engineering, elective abortion, and the right to die, where different ethical principles may conflict.

Question 6

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?

Accepted Answer

The intraoperative record typically includes all of the details listed, such as diagnoses, positioning, start and stop times, counts, and dressings. The anesthesia record may also include some of this information, but not all of it. The advance directive and informed consent documents would not contain this level of detail about the surgery.

Question 7

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

Accepted Answer

CAAHEP (Commission on Accreditation of Allied Health Education Programs) is responsible for reviewing and accrediting various healthcare educational programs, including surgical technology programs. AST (Association of Surgical Technologists), NBSTSA (National Board of Surgical Technology and Surgical Assisting), and HIPAA (Health Insurance Portability and Accountability Act) are all related to surgical technology in some way, but they do not specifically accredit educational programs.

Question 8

Which of the following terms describes the principles such as benevolence, trustworthiness, and honesty for the care and well-being of others in society?

Accepted Answer

The answer of Which of the following terms describes the...

Question 9

Graduates of CAAHEP or ABHES programs are eligible to sit for the CST or CSFA examinations administered by:

Accepted Answer

The NBSTSA (National Board of Surgical Technology and Surgical Assisting) administers the CST (Certified Surgical Technologist) and CSFA (Certified Surgical First Assistant) examinations, which graduates of CAAHEP or ABHES programs are eligible to take.

Question 10

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

Accepted Answer

Ethics refer to the system of principles that become standards of conduct for professionals. A doctrine refers to a set of beliefs or principles held and taught by a particular group or organization. Morals refer to personal beliefs about right and wrong behavior. Precedents refer to legal cases that have established a rule or principle that is used as a guide in similar cases in the future.

Question 11

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

Accepted Answer

Identification and reporting of unsafe conditions and hazards are most critical in risk management. This process involves identifying potential risks and hazards in the healthcare setting and taking steps to minimize them. Failure to identify and report such hazards can lead to patient harm and liability issues for healthcare providers. Identification and reporting of hazards is also important in preventing adverse events and ensuring patient safety.

Question 12

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

Accepted Answer

The common adage "prevention is the best medicine" emphasizes the importance of preventing health problems or addressing them early on, rather than just treating symptoms after they arise. This promotes overall health and wellness and can help avoid costly and invasive medical procedures.

Question 13

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?

Accepted Answer

The answer of Which legal doctrine would be MOST applicable...

Question 14

Which type of legal action is MOST likely in cases involving tort law and operating room personnel?

Accepted Answer

In cases involving tort law and operating room personnel, civil legal action is most likely. Tort law deals with civil wrongdoings that result in harm or injury to another person. In the context of an operating room, this could include medical malpractice or negligence by the personnel, resulting in harm to the patient. Therefore, a civil lawsuit would be the most appropriate legal action in such cases. Criminal action would only be applicable if there was evidence of intentional harm or misconduct by the personnel, which is generally not the case in operating room scenarios. Federal and statutory legal action may also apply in some cases, but these are less common than civil action.

Question 15

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?

Accepted Answer

Negligence is the failure to exercise reasonable care, resulting in harm to another person. If a team member improperly applied the grounding pad and it led to burn injuries for the patient, then it would be considered negligence and the team member could be found liable in a lawsuit. Assault, battery, and intentional tort would not apply in this case as they involve intentional harm or threat of harm, whereas negligence involves unintentional harm due to failure to meet a reasonable standard of care.

Question 16

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

Accepted Answer

Abandonment in the medical field refers to the failure of a healthcare provider to continue treating or monitoring a patient without proper notification or without arranging for an equivalent care replacement. In the context of a surgical team not monitoring and protecting a medicated patient from falling, this could be seen as a failure to provide the necessary ongoing care, thus constituting abandonment.

Question 17

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"?

Accepted Answer

The term that describes a voluntary and informed act in which one party gives permission to another party to "touch" is consent. Advance directive refers to instructions given in advance regarding healthcare decisions, battery refers to unauthorized and harmful physical contact, and time-out refers to a behavior management technique often used with children.

Question 18

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

Accepted Answer

A surgical conscience is the inner voice within a surgical technologist or surgical first assistant that reminds them to adhere to ethical and professional behavior. It includes taking responsibility for one's actions, maintaining competence in skills and knowledge, and always working with the patient's well-being as the top priority. A well-developed and unyielding surgical conscience is the best assurance of safe and individual professional behavior by the CST or CSFA. While a core curriculum, liability insurance, and scope of practice are important, they do not have the same impact on individual behavior as a strong surgical conscience.

Question 19

According to the Joint Commission's definition regarding consent to surgical intervention, which party has "autonomy"?

Accepted Answer

The patient has autonomy, as they have the right to make decisions about their own body and medical treatment. The other parties listed (anesthesia provider, circulating RN, surgeon) may have important roles in the surgical intervention, but they do not have autonomy to make decisions for the patient.

Question 20

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

Accepted Answer

Accreditation is a process that measures whether a program or institution meets certain established standards and does not specifically relate to individual professional credentialing. Certification, licensure, and registration are all forms of individual professional credentialing that aim to protect the public by ensuring that health care providers meet certain education, training, and competency requirements.

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