1. Accountability
    "to be held responsible for"
  2. Affidavit
    Voluntary statement sworn to be true before an authority
  3. Deposition
    pretrial questioning under oath
  4. Guardian
    • Court appointed person in charge of someone unable to make their decisions.
    • I.E. a minor or someone that is brain dead.
  5. Iatrogenic Injury
    Injury/ illness resuting from a healthcare professional.
  6. Common Law
    principles based on court decision.
  7. Statutory Law
    Law perscribed by the action of a legislature.
  8. Liability
    An obligation to do or not do something.
  9. Corporate Liability
    Obligation that falls on the corporation.
  10. Personal Liability
    obligation that falls on ther person.
  11. Malpractice
    Professional misconduct that results in harm to another.

    Negligence of a professional
  12. Criminal Negligence
    Reckless disregard of safety.

    Willful indifference
  13. Perjury
    False testimony under oath
  14. Precedent
    Legal principle by court decision.
  15. Tort
    Civil wrong; may be intentional or unintentional.
  16. Aeger Primo
    " Patient First"
  17. Doctorine of Borrowed Servant
    The one controlling or directing the employee has greater responsibilty than the one paying the employee.

    Being under a surgeon's charge.
  18. Captain of the Ship Doctorine
    A surgeon being found legally responsible in the operating room.
  19. Doctorine Found Corporate Negligence
    A health institution may be found negligent for failing to ensure that an acceptable level of patient care is reached.
  20. Describe of Foreseeability
    Ability to reasonably anticipate harm or injury may result because of certain acts/omissions.
  21. Doctrine of Personal Liabilty
    Each person is responsible for his or her own conduct.
  22. Doctorine of the Resonably Prudent Person
    Acting in a way that any prudent person would.
  23. Primum Non Nocere
    "Above all, do no harm"
  24. Res Ipsa Loquitur
    "The thing speaks for itself"
  25. Respondeat superior
    "Let the master answer"

    Employer is responsible for the actions of his/her employees.
  26. Tort Law
    Middle Ages,descibes any civil wrong independent of a contract.

    Action for damages
  27. Assault
    Intentional Tort

    Offensive touching, insulting or physical harm.
  28. Battery
    Intentional Tort

    Actual unwanted harm of a person.
  29. Defimatation
    Intentional Tort

    Slander or libel of reputation.
  30. False Imprisonment
    Intentional Tort

    Illegal detention of a person w/o consent.
  31. Intentional Infliction of Emotional Distress
    Intentional Tort

    Disparaging remarks.
  32. Invasion of Privacy
    Doing anything unwanted to a patient.
  33. Patient Misidentification
    Unintentional Tort

    Check and cross check procedures should be in place to avoid misidentification.
  34. Performing an incorrect Procedure

    (often limbs)
    Unintentional Tort

    Identification of correct limb and/or surgical site should be verbally confirmed w/ patient.
  35. "Time Out"

    JCAHO, 2003
    Period involving all surgical team members that takes immediately before the procedure.

    Final verification of correct patient, procedure and if needed it implant placement.
  36. Foreign Bodies Left in Patients Secondary to Incorrect Sponge/ Instrument Counts
    Unintentional Tort

    Circulator and STSR must count (instruments, sponges, needles, electrosurgical pencile tips, blades and other) items specified for counting before the surgery, before wound closure and during skin closure.
  37. Patient Burns
    Unintentional Tort

    • Contact between tissue and energy sources
    • (Electrical current, radiation or chemicals)
  38. Causes of burns
    Autoclave Hot Instruments

    Improper Placement of Dispersive Electrode

    Malfunctioning of Electrosurgical Unit

    Other Electrical Device Malfunctions

    Improper Laser Usage

    Pooled Flammable Prep Solution, Anesthsia gases

    Too Hot Irrigation Fluid
  39. Falls or Positioning Errors (patient Injury)
    Unintentional Tort

    Safety strap should be applied as soon as the patient is moved to operating table.

    If not each member can be charged w/ neglect.
  40. Improper Handling, Identification, or Loss of Specimens
    • Negligence occurs if a specimen is lost, improperly prepared or "fixed" for analysis
    • Inaccurately labeled.
  41. Incorrect Drugs or Incorrect Administration
    Circulator & STSR must follow hospital policy for transfer of drugs to the sterile field. All medication should be properly labeled.

    STSR should announce to the surgeon the name of the drug and the dosage.
  42. Harm Secondary to Use of Defective Equipment/ Instrument
    Manufacturer's recommendations for service and operation should always be followed.

    Biomedical engineering maintain surg. equipment
  43. Safe Medical Device Act (1990)
    All equipment must be properly grounded to protect patients. Regular testing is required.
  44. Harm Secondary to a Major break in Sterile Field
    Breakdown of the sterile field can lead to post op infection possibly causing debilitaion and death.
Card Set
Chapter 2