2. Legal Concepts, Risk Management , and Ethical Issues

Which of the following terms describes a civil wrong that may be intentional or unintentional?

tort

The most common types of patient-care errors committed by operating room personnel, including negligence and malpractice, are categorized as:

unintentional torts

Which of the following pertains to a patient's wishes about medical treatment and self-determination in the event of incapacitation or inability to communicate?

advance directive

Which of the following surgical patients would be legally authorized to sign an informed surgical consent, based on medical practice acts and state law?

an emancipated 16-year-old minor

Which of the following torts would be classified as unintentional?

foreign bodies left in patient

All of the following carry the force of state or national legal enforcement EXCEPT:

implementation of the neutral zone

Which type of consent applies when emergency circumstances exist when reasonable providers believe that a patient would agree to treatment, even if no form was signed or verbal permission given?

implied

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"?

informed

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?

intraoperative record

Which of the following legal terms is BEST described as "professional misconduct that results in harm to another"?

malpractice

Which of the following was identified in the late 1990's as causing more deaths in the United States than car accidents, AIDS, and breast cancer combined?

medical errors

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

morals

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?

negligence

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

negligence

The phrase "departure from the standard of care" BEST describes which of the following legal terms?

negligence

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

patient privacy

What is establishing a neutral zone designed to do?

prevent sharps injuries during surgical procedures

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

prevention

Which of the following legal doctrines would MOST likely apply in the case of a wrong site surgery or retained foreign body?

res ipsa loquitur

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

risk management

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:

scope of practice

What is the name of the type of report sent to risk management in an effort to decrease the chance of harm to patients or staff or damage to hospital property?

sentinel event

The first scrub surgical technologist performs intraoperative tasks under the broad delegatory authority of the:

surgeon

Which member of the surgical team is ultimately responsible for obtaining a written, informed surgical consent from a patient?

surgeon

All of the following are components of the surgical patient's medical record EXCEPT:

surgeon's preference card

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

surgical conscience

A special consent form would be required for which of the following situations during a hospital admission?

surgical procedure

In 2004, which of the following agencies created the "Do Not Use" abbreviation list?

the Joint Commission (JC)

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

the patient

An injury resulting from the activity of health care professionals

Iatrogenic Injury

Willful, intentional acts that violate the civil rights of a patient

Intentional Tort

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"?

consent

The broad objectives of the Health Insurance Portability and Accountability Act (HIPAA) include all of the following EXCEPT:

eliminate medical errors

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

ethics

Errors in chart documentation should be erased to prevent confusion by subsequent caregivers.

'False'.

A surgical technology student who photographs a patient and posts the image on the Internet could be sued for invasion of privacy and HIPAA violation.

'True'.

Assessment of educational programs for quality and effectiveness and used as a criterion for eligibility to sit for a national certification examination

Accreditation

The motto used by AST, meaning "The Patient First"

Aeger Primo

A statement one expects to prove true

Allegation

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

Assault

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

CAAHEP

Professional rules and standards of behavior that include principles such as impartiality, objectivity, duty of care, and confidentiality and disclosure

Code of Conduct

What is the name of the organization whose focus is on patient and worker safety and is a unique coalition of surgeons (ACS), anesthesiologists (ASA), operating room (AORN) and perianesthesia (ASPAN) nurses, CRNAs (AANA), surgical physician assistants (AASPA), and surgical technologists (AST)?

Council on Surgical and Perioperative Safety (CSPS)

Title used that establishes a minimum knowledge base for a given health care profession

Credential

Reckless disregard for the safety of another; willful indifference

Criminal Negligence

Slander or libel that damages a person's reputation or good name

Defamation

Which governmental agency has authority as outlined in the Safe Medical Device Act?

FDA

"Captain of the ship" doctrine holds the surgeon accountable for all actions of the operating room team in lawsuits.

False'.

Jurisdiction is given to courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties

Federal Law

Court-appointed protector for an individual incapable of making his or her own decisions

Guardian

Taking another's property without consent

Larceny

Professional liability coverage to cover discrepancy between hospital and individual policies in negligence lawsuits

Malpractice Insurance

The combined account of the interaction between the patient and the health care providers during a given incidence of illness or treatment.

Medical Record

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

NBSTSA

"A person who receives health services from a health care provider and who gives consent for the provider to provide those services."

Patient

The American Hospital Association replaced its "Patient's Bill of Rights" with which of the following?

Patient Care Partnership

The individual who initiates a lawsuit

Plaintiff

Legal principle, created by a court decision, that provides an example of authority for judges deciding similar issues later

Precedent

Above all, do no harm."

Primum non nocere

Which of the following is an example of an intentional tort pertaining to surgical patient care?

Restraints are used on a patient who threatens to leave.

General consent is obtained by patients admitted to the hospital and covers all routine services and medical treatment in broad terms but not invasive procedures such as surgery.

True'.

Living will and durable power of attorney are examples of advance directives in health care

True'.

Prior to start of a procedure; all members of surgical team verify correct patient, procedure, site, and side.

Time-Out

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

abandonment

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

accreditation

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

civil

What is the term that describes a method of pretrial discovery in which a surgical team member might answer questions under oath?

deposition

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?

doctrine of borrowed servant

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?

doctrine of corporate negligence

Which of the following terms best describes the process of keeping thorough, accurate, and legal records of a patient's medical care?

documentation