79 notecards = 20 pages (4 cards per page)
The efforts of a health care provider organization to collect and utilize data to decrease the chance of harm to patients or staff or damage to property
Obligation to disclose details for evaluation; commonly used to mean “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, the person accused of the crime; in civil matters, the person or organization being sued
Method of pretrial discovery in which questions are answered under oath
Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties
Court-appointed protector for an individual incapable of making his or her own decisions
Injury resulting from the activity of health care professionals
Formal written accusation from a grand jury
Taking another’s property without consent
Principles that have evolved and continue to evolve on the basis of court decisions
Any law prescribed by the action of a legislature
Obligation to do or not do something
Obligation to do or not do something that is the responsibility of the corporate body
Obligation by the individual to do or not do something
Professional misconduct that results in harm to another; negligence of a professional...Need Insurance, negligence needs to happen for this to happen.
Omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care”
Reckless disregard for the safety of another; willful indifference
Intentionally providing false testimony under oath
Person who initiates a lawsuit
Legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later
Standard of care
Description of conduct that is expected of an individual or professional in a given circumstance
State statutes, regulations, principles, and rules having the force of law
Court order to appear and testify or produce required documents
Civil wrong; may be intentional or unintentional
When parties to a dispute present evidence in a court of law in order to achieve a resolution or, in a criminal act, to determine a person’s innocence or guilt
(WILL BE ON CERTIFICATION EXAM)
“The Patient First” (motto of the AST)
Doctrine of corporate negligence
Health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided.
Doctrine of borrowed servant
One who is controlling or directing the employee has greater responsibility than the one who is paying the employee. Courts frequently found that the surgeon was liable for any negligent act committed in his or her presence in the operating room under the captain of the ship doctrine. However, some rulings have found that the surgeon, under the borrowed servant rule, is not always responsible if a surgical technologist or registered nurse on the surgical team fails to carry out a routine procedure that he or she was properly educated to perform.
Doctrine of foreseeability
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.
Doctrine of the reasonably prudent person
Persons should perform an action as would any reasonable person of ordinary prudence. In law,the reasonable person is not a typical person but a collection of the community’s judgment as to how the typical community member should behave in situations that might pose a threat of harm to the public
Primum non nocere
(possibly on state exam)
“Above all, do no harm.”
Res ipsa loquitur
(Possibly on state exam)
“The thing speaks for itself;” harm obviously came from a given act or thing of which the defendant had sole control.
“Let the master answer”; employer is responsible for the actions of his or her employees.
describes any civil wrong independent of a contract. Tort law provides a remedy in the form of an action for damages. Most actions against operating room personnel are civil actions rather than criminal and may be either intentional or unintentional.
3 elements of proof
a term that refers to permission being given for an action.
a direct verbal or written statement granting permission for treatment In health care, written form is the desired form of consent.
is consent in which circumstances exist that would lead a reasonable health care provider to believe that the person, or patient, had given consent although no direct or verbally expressed words of consent had been given.
A situation in which a patient gives voluntary permission to another party (i.e., surgeon or anesthesia provider) to perform the procedures that have been explained; includes the risks, benefits, possible complications, and alternative treatment options
used broadly to refer to the placing of information into a patient’s medical record (chart).
The medical record
is the combined account of the interaction between the patient and the health care providers during a given incidence of illness or treatment.
Medical Record Includes
of all births and deaths that take place there. Patient charges are made part of the record, and patients and insurance providers receive detailed reports of charges. Department order forms are used to secure items for patient care and to verify the accuracy of the charges.
Mechanism for reporting an incident, usually by completing a document describing what happened, related to any adverse patient occurrence. constitute much of the information used by the hospital in risk management. Falls, medication errors, intraoperative burns, and loss of specimens are examples of events that would require reporting.
Written instructions expressing the patient’s wishes concerning the types and amount of medical treatment to be rendered in the event the patient can no longer make those types of decisions
Two examples of advanced directives are a living will and a durable power of attorney.
Risk management objectives for a hospital are to:
Two issues that have an impact on the hospital’s risk management policies and plans
reduced staffing and employee rights.
Best Weapon for Reduction of Medical Errors
technologies include bar-coded medications and identification strips, handheld wireless devices, and computer drug-order-entry systems. A study at two Veterans Administration (VA) hospitals in Kansas found that these devices reduced medication error rates by 70% over a 5-year period.
How can surg techs reduce medical errors
closely following written policies and procedures and by following standard precautions related to the use of personal protective equipment. be aware of the location and proper use of all emergency equipment
Safe Medical Device Act
Established in 1990, this act requires medical device users to report to the manufacturer and/or FDA incidents that reasonably suggest that there is a probability that a medical device has caused or contributed to the death, serious injury, or illness of a patient
Examples of Medical devices
includes, but is not limited to, electronic equipment such as ventilators and monitors, implants, syringes, needles, catheters, and disposables.
Hospital employees who commit negligent acts are typically covered by insurance polices provided by the facility, as long as the negligent act was committed within the scope of the institution’s policies and procedures.
Health Insurance Portability and Accountability Act (HIPAA)
the first federal act to establish privacy standards to protect patients’ medical records and other health-related information. It took effect on April 14, 2003. The standards were developed by the Department of Health and Human Services (HHS).
Standards of HIPAA
provide the ability for patients to easily access their medical records and have more control over how their personal health information is disclosed. HIPAA standards represent a major step forward in providing additional privacy protections and control to the health consumers across the United States.
Key Provisions of HIPAA
Access to medical records, notice of privacy practices, limits on use personal medical info, prohibition on marketing, confidential communications, complaints
3 main objectives of HIPAA
Guides for ethical decision making that include the concern individuals have for the well-being of others, respect for individual autonomy, basic justice, prevention of harm to others, and refusal to take unfair advantage
codes of ethics
provide rules of conduct and standards of behavior that include principles such as impartiality, objectivity, duty of care, confidentiality, and full disclosure. Surgical technologists should be trustworthy and honest.
Guidelines, usually expressed in a series of statements, that provide ethical standards of conduct for a profession
In 1985 the AST established
dictates codes of conduct, which are put forward by a society and used as a guide to behavior by the members of that society
defines what is good for the individual and for society and establishes the nature of duties that people owe themselves and one another.
system of moral principles and rules that become standards for professional conduct, and should not be confused with morality
Scope of practice
Professional duty limits based on state and federal law and on an individual’s education and experience
Process by which an agency or organization establishes a minimum knowledge base for a given health care profession and awards a credential to individuals who meet the minimum knowledge level. does not verify competency because competency is an ongoing evaluation.
examples of credentialing
Process whereby businesses, educational institutions and programs, and health care organizations are determined to meet standards and performance criteria as established by an accrediting agency
CAAHEP put out a new curriculum every 4 years or so
Patient Bill of rights
In 1972 the AHA adopted the 12 rights known as the Patient’s Bill of Rights that emphasized collaboration between patients, physicians, and hospitals is essential to optimal patient care.
Is now called Patient Care Partnership: contains plainer language that informs the patient about what he or she should expect during a hospital stay with regard to his or her rights and responsibilities.
6 rights of patients
when and how was the patient care partnership reinforced
The Patient Care Partnership is reinforced in The Patient Self-Determination Act of 1990. This act says that each patient has a right under state law to make decisions concerning his or her care, including the right to refuse treatment.
Factors for ethical decision making
Issues that may create personal or vocational discomfort
What is the AST Code of ethics