ch 2/3 delmar

obligation to disclose details for evaluation; "to be held responsible for"

voluntary statement of facts sworn to be true before an authority

statement one expects to prove true

in good faith or innocently

all legal decisions reported on a given legal subject

first pleading filed by plaintiff's attorney in a negligence action

• in criminal cases, person accused of crime;
• in civil cases, the person or organization that is being sued

a method of pretrail discovery in whic questions are answered under oath

jurisdiction is given to federal courts in cases involving the interpretationand application of the US constitution, acts of congress, and treaties

court-appointed protector for anindividual incapable of making his or her own decisions

an injury resulting from the activity of health care professionals

formal written accusation fom a grand jury

a group of citizens who decide the outcome of a criminal or cival trial

taking another's property wthout consent

principles that have evolved an continue to evolve on the basis of court decisions

an law prescribed by the action of a legislature

obligation to do or not to do something; also an obligation potentially or actually incurred as a result of negligent act

an obligation to do or not to do something that falls on the corporate body

an obligation to do ornot to do something that falls on the individual

professional misconduct that results in harm to another; negligence of a professional

omission (not doing) or commission (doing) of an act that a reasonable and prudnt individual would not do under the same conditins; may be associated with the phrase "departue from the standard of care"

reckless disregard for the safety of another; willful indifference

intentionally providing false testimony under oath

the person who initiates a lawsuit

legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later

description of conduct that is expected of an individual or professional in a given circumstance

state statutes, regulations, and principles and rules having the force of law

court order to appear and testify or produce required documents

a civil wrong; intentional or unintentional

• "the patent first"
• motto of the AST

• the one controlling or direction the employee has greater responsibility than the one paying the employee.
• (surgeon)

a health instituition may be found negligent for failing to ensure that an acceptable level of pt. care was provided

is the ability to see or know in advance; the ability to reasonably anticipate that harm or injury may result because of certain acts or omissions

each persn is resposible for his or her own conduct, even though others may be liable as well

a person should perform an action as would any reasonable person of ordinary prudene

"above all, do no harm"

• "the thing speaks for itself"
• harm came from a given act or thing of which the defendant had sole control

"let master answer" employer is responsible for th actions of hs or her employees

• evolved in the middle ages
• any civil wrong independant of a contract

an act that causes another person to fear that he or sh will be touched in an offensive, insulting, or physically injurious manner without consent or authority to do so

actual act of hrmful or unwarranted contact with a person, including contact without proper consent

• oral statement (slandar)
• written statement (libel)

illegal detention of a person without consent, or forcing a person to stay and not allowing them to leave

disparaging remarks made about a patient that result in emotional distress

disclosure of private information concerning a patient or photographing a patient without consent

most common types of ptient indiscretions committed by operating room personnel, and include negligence an malpractice

check and cross-check procedures should be in place to prevent pt misidentification

• transportation
• preop
• circulator and anesthesia
• surgeon

must take great precautions to prevent the removal of the wrong body part or to prevent performing any surgical procedure on the wrong site or side

• period involving all members of the surgical team should take place immediately before starting the procedure
• to finalize the correct pt, procedure,and when applicable, implant placement is correct

circulator and STSR must count; before the procedure begins and at the time that wound closure begins

• hot instruments
• improper placement of dispersive electrode
• malfunctioning of the ESU
• improper use of lasers
• pooled flammable prep solutions
• flammable anesthesia gases
• irrigation fluid that is too hot

• unattended pts can fall from a stretcher that has is side rails down
• a safety strap should be applied
• EACH member of the surgical team can be charged with negligence if an injury occurs due to improper positioning

occurs if speciemn is lost, improperly perpared or "fixed" for analysis, or inaccurately labeled

• all medications and solutions on the sterile setup should be labeled...to reduce risk of incorrect administrationor use of an incorrect drug
• when passing medication to surgeon surg tech must announce the name and strength of medication
• surgial team share equal responsibility for transfer of a drug to the sterile field

• malfuctioning equipment and instrumenation can cause injury to a surgical patient
• many facilitieshave biomedical engineering departments that maintain surgical equipment

with the institution if it can be proven that the equipment was not propery maintained and tested

a pt occasionally arrives at the surgical services department with personal property or prostheses, such as dentures, hearing aids, or glasses.

the surg tech through the application of a strong surgical conscience, should apply all principles of asepsis and must rport any breaks that may occur to reduce the risk of postop infections

the surg tech should be aware of state medical practice acts, hospital policies, and scope of practice limitations

• if a member of the surgical team leaves a patient who is dependent on their presence as a caregiver, then the caregiver can be held liable for abandonment
• a confusted pt could fall from an operating table or transportation stretcher or could suffer a seizure or cardiac arrest

• trully the best medicine
• a vigilant surgical conscience should prevent every one of the incidents

a term that refers topermission being given for an action

commission of battery

direct verbal or written statement granting permission for treatment

in which circumstances exist that would lead a reasonable health-care provider to believe that the person, or pt had given consent although no direct or verbally expressed words of consent had been given

"agreement or permission accompanied by full notice about what is being consented to"

"the requirement that a pt be apprised of the nature and risks of a medical procedure..."

• general-all routine services
• special-consent for special procedures

• the surgeon
• the surgeon will discuss the condition, proposed treatment, risks, and alternatives with the pt and possibly family

• understandable language
• no coercion orintimidation of the pt
• surgical procedure or treatment must be explained
• potential complications must be explained
• potential risks must be explained
• alternative therapies and their risks and benefits must be explaed

• pt's legal name
• surgeon's name
• procedure to be performed, incuding side risks of anesthesia and procedure including complications
• pt's legal signature
• signature of witness(es)
• date and time of signatures

• be of legal age or emancipated minor
• mentally alert
• legally competent
• not under influence of drugs

• competent adult speaking for themselves
• parent or legal guardian of minor
• guardian in the case of physical inability or legal incompetence
• temporary guardian
• hospital administrator
• the courts

• telephone
• fax
• agrement of 2 non operating physicians
• adminitrative consent

surgeon may be liable for assault and battery unless it can be proven that good judgment was used when unexpected conditions were encountered

pt must have: history and physical record, medical record and informed consent

single line and initials and correction made and legal signiture

are channelled o the risk management department

• guides for ethical decision making
• principles that we try to instill in ur children (honesty, trust, benevolence)

• study of ehtical implications of biological research and applications
• envolves examination of the the benefits and the risks of biotechnology

• open and honest
• mutual respect
• collaboration between pt's and heath care
• foundatio for respecting the rights and role in health care decision making
• must be sensitive to cultural, racial,age,gender,religious

• high quality hosp care
• a clean and safe environment
• involvement in the pt's care
• protection of pt privacy
• help when leaving
• help with billand insurance clains

• elective sterilization
• various fertilization procedures
• elective abortion
• human experimentaion
• animal experimentation
• organ donation/transplant
• quality versus quantity of life
• substance abuse
• gender reassignment
• care of ppl with HIV
• newborns with disability
• good samaritan law
• assisted suicide
• genetic engineering
• refusal of treatment
• termination of care and right to die

10 (surgical conscience)

term that identifies the knowledge and skills required for the profession in order to provide effective and reliable services

• federal law
• federal agencies
• state law and regulations
• legal precedent
• hospital policy
• professional organizations

formal process by which qualified individuals are listed in a registry

recognition by an appropriate body that an individual has met a predetermined standard

legal right granted by a government agency in compliance with a statute that auhorizes and oversees the activities of a profession

contributes to the protection of the public by assessing educational prgrams fo their quality and effectiveness

sets standard in curiculum quality

• minimize risks to pts and hosp employess
• avoid or controlfinancial loss
• identify actual or potential causes ofpt and employee accidents
• implement programs, policies, and prodedures toeliminate or reduce occurances
• collect and utilize data to decrease harm to pts an staff or damage property

AST, Joint commison, CSPS, and more

• is used for placement of sharps during the surgical procedure
• creation of this zone reduces potential injury

any need or activity related to genetics , physiology, or anatomy

any need or activity related tothe identification and understanding of oneself

any need or activity related to one's identification or interaction with another individual or group

any needor activity related to the identification and understanding of one's place in an organized universe

means of prioritizing needs effective for basic understanding of individuals and for quick recognition of patient cocerns

• genetic malformation
• trauma
• disease
• choleystitis(gallbladder infection)
• cheiloschisis (cleft lift)

a "nonspecific response of the body to a demand"

• eustress-good
• distress-bad

• denial
• rationalization
• regression
• repression

• cardiac-irreversible loss of cardiac and respiratory functions
• higher brain-irreversible loss of higher brain function
• whole-brain-irreversible loss of all functions of entire brain

• denial
• anger
• bargaining
• depression
• acceptance

• accidental-caused by nature, moter vehicles, homicides
• terminal-suffering from a incurable disease
• prolonged(chonic)-long lasting 4-6 weeks or lifelong
• sudden-any death without warning

provide the pt with symptom relief, avoidance of symptoms, relief from conditions secondary to the progressive local disease

used to treat or manage disease

preserve pt's life

• passive-physician does nothing to preserve life
• active-actions to speed up dying

refers to 2 legal documents

basic needs: water, food and temp

needs to refered to safe enviornment

basic social needs

pos evaluation of oneself and others

need to fulfill whatone believes is one's purpose

• physilogical needs first
• followed by environmetal
• then affective
• then self esteem
• and self actualization