Surg

"to be held responsible for"

Voluntary statement sworn to be true before an authority

pretrial questioning under oath

• Court appointed person in charge of someone unable to make their decisions.
• I.E. a minor or someone that is brain dead.

Injury/ illness resuting from a healthcare professional.

principles based on court decision.

Law perscribed by the action of a legislature.

An obligation to do or not do something.

Obligation that falls on the corporation.

obligation that falls on ther person.

Professional misconduct that results in harm to another.

Negligence of a professional

Reckless disregard of safety.

Willful indifference

False testimony under oath

Legal principle by court decision.

Civil wrong; may be intentional or unintentional.

" Patient First"

The one controlling or directing the employee has greater responsibilty than the one paying the employee.

Being under a surgeon's charge.

A surgeon being found legally responsible in the operating room.

A health institution may be found negligent for failing to ensure that an acceptable level of patient care is reached.

Ability to reasonably anticipate harm or injury may result because of certain acts/omissions.

Each person is responsible for his or her own conduct.

Acting in a way that any prudent person would.

"Above all, do no harm"

"The thing speaks for itself"

"Let the master answer"

Employer is responsible for the actions of his/her employees.

Middle Ages,descibes any civil wrong independent of a contract.

Action for damages

Intentional Tort

Offensive touching, insulting or physical harm.

Intentional Tort

Actual unwanted harm of a person.

Intentional Tort

Slander or libel of reputation.

Intentional Tort

Illegal detention of a person w/o consent.

Intentional Tort

Disparaging remarks.

Doing anything unwanted to a patient.

Unintentional Tort

Check and cross check procedures should be in place to avoid misidentification.

Unintentional Tort

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

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

Final verification of correct patient, procedure and if needed it implant placement.

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.

Unintentional Tort

• Contact between tissue and energy sources
• (Electrical current, radiation or chemicals)

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

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.

• Negligence occurs if a specimen is lost, improperly prepared or "fixed" for analysis
• Inaccurately labeled.

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.

Manufacturer's recommendations for service and operation should always be followed.

Biomedical engineering maintain surg. equipment

All equipment must be properly grounded to protect patients. Regular testing is required.

Breakdown of the sterile field can lead to post op infection possibly causing debilitaion and death.