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30 Cards in this Set

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Respondeat superior
supervisor/employter is responsible for actions of CRNA. If CRNA is employed by hospital(directed by anesthesiologist): both are liable (respondeat superior) as well as CRNA.
Hospital being responsible for CRNA
Respondeat superior
Assualt
Unlawful threat of actions by a person intended to inflect, by force, Corporal injury.
Battery
Unlawful constraint or physical violence inflicted on a person w/o his consent.
***Legal term for administration of an anesthetic to an unwilling pt.
Battery. rendering anesthesia to a pt who does not consent constitutes assault and battery.
***GA for elective breat bx, no anesthesia consent!!! you can be charged with______.
Battery. unauthorized touching of person. usually results in anesthesia and surgery when a procedure is performed w/o appropriate consent.
Most important factor influencing a pt's decision of whether or not to file a law suit.
Rapport/relationship developed bt anesthetist and pt.
Borrowed servant
employee comes under the direction and supervision of a 3rd person who can direct the activities of the employee: not the employer.
***aneshtesiologist is independent and CRNA is hospital employee, who is responsible for CRNA? anesthesiologist or hospital?
think: borrowed servant rule: pertains to situations in which an employer loans an employee to another employer. an anesthesiolgist who supervises a CRNA is liable for the nurse anesthetist's negligence, even if the nurse anesthetist is an employee of the hospital.
Libel
Defamation of another person by Written means.
Slander
Defamation of another person by Verbal means.
written in chart HIV and has AIDS. is this libel or slander
libel. libel is Written
anesthesiolgist tells family after surgery, the surgeon was negligent. libel or slander?
Slander. Verbal
significance of statue of limitations? what is discovery rule?
statute of limitations: places a time constratint on plantiff to file action. variable state to state. discovery rule states; the action originates once the plantiff discovers, or hould have discovered, s/he has been injured.
Negligence
failure to use reasonable care, which is that level of care recognized as acceptable and appropriate given the circumstances.
***pt w/ spina bifida, known allergy to Latex. anesthetist does nothing to prevent contact w/ latex. ? legal problem faced by anesthetist.
NEGLIGENCE: failure to use reasonable care, level of care recognized as acceptable and appropriate given the circumstances.
Common Law
system of law based on princeples of legal precedent rather than on legislative enactments in case resolution.
Statutory law
enacted by state legislature, have most impact on nursing. defines nursing, who may practice, requirments for registration and revocation of licensure.
Which class of laws does the CRNA practice?
Common law and Civil law.
***Informed consent informs pt about what?
contemplated procedure (risks/complications, possible benefits, therapeutic alternatives).
HINT: informed consent does not necessarily involve a description of the treatment or management of complications.
5 Elements of Informed Consent
1. nature of tx
2. risks
3. possible complications
4. benefits and outcomes
5. alternative forms of tx
Purpose of Informed consent
pt has right to reasonable informed participation in decision making
must informed consent be obtained from the pt? why must consent be informed?
it is the duty of anesthetist to obtain informed consent prior to procedure. consent may be written, verbal or implied, although written consent may be most useful.
consent must be INFORMED to ensure that the pt has sufficient information about the procedureand their risks to make a reasonable and prudent decision whether to consent.
what circumstances may implied consent be appropriate?
IMPLIED CONSENT:may be present in circumstances in which the pt is unconsious or unable, for any reason to give his or her consent, but where it is presumed that any reasonable and prudent pt would give consent if able.
must informed consent be obtained from the pt? why must consent be informed?
it is the duty of the anesthetist to obtain informed consent prior to the procedure. consent may be written, verbal or implied, although written consent may be most useful. consent must be Informed to ensure that the pt has sufficient informaiton about the proceudres and their risks to make a reasonable and prudent decision whether to consent
In what circumstances may implied consent be appropriate?
IMPLIED consent may be present in circumstances in which the pt is unconscious or unable to give his/her consent, but where it is presumed that any reasonable and prudent pt would give consent if able.
does the pt who complies w your request to position himself for a procedure wo speaking give consent?
no this is not implied consent bc this pt is able to give verbal consent.
what is the proper procedure when a child requires emergency surgery and the parents are not present for consent?
Implied consent may be present in cirucmstances in which the pt is unconscious or unable for any reason to give consent, but where it is presumed that any reasonable and prudent pt would give consent if able to.
@during the preop review you notice " DNR orders in the pt's chart. what must be done during the preop visit?
in preop visit, pts DNR status must be clarified w the pt and family and DNR must be consistent w hospital policies and state and federal law.
***are drug labels (package inserts) required by law to contain dosing statements for children?
Yes. drug dosing for children often in the form of a disclaimer, are placed in the package insert bc "the contents of the package insert must by law be based in adequate, well controlled studies invoving children.