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13 Cards in this Set
- Front
- Back
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Define Respondeat Superior
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Employer/supervisor is responsbile for the actions of a CRNA. If a CRNA is employed by a Hospital & is directeds by an MDA, the hospital & MDA are liable (respondeat superior) as well as the CRNA (Miller)
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Define assault, define battery
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ASSAULT: unlawful THREAT of actions by a person intend to inflict, by force , corporal injury.
BATTERY: unlawful CONSTRAINT or PHYSICAL VIOLENCE inflicted on a peron w/out consent |
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What term would apply for the administration of an anesthetic to an unwilling pt.
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BATTERY: unauthorized touching of a person. eg. performing anesthesia and surgery w/out appropiate consent. (Morgan, Nagelhout)
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What is the most important factor influencing a pt. decision of whether to file a lawsuit
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Rapport/relationship developed between the anesthetist & pt. (Miller)
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Define Borrowed Servant
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Employee comes under the direction & supervision of a 3rd person who can direct the activities of the employee; not the employer
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If the MDA is independent &t the CRNA is a hosp. employee, who is responsible for the CRNA?
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The borrowed servant rule pertains to situation in which an employer loans an employee to another employer. An MDA who supervises a CRNA is liable for the CRNAs negligence, even if the CRNA is an employee of the hosp. (Nagelhout)
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Define Libel & Slander
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LIBEL: Defamation of another person by WRITTEN means
SLANDER: Defamation of another person by VERBAL means |
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List 2 exceptions to the statute of limitation for filing a lawsuit claiming negligence
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1) the plaintiff is under a disability which keeps the plaintiff from bringing the suit
2) the plaintiff may not have been able to discover that there was injury caused by negligence before the statute of limitation expired. NOTE the statue of limitation varies by state, by nature of the case, and by the circumstances of the case. |
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Id the top 3 anesthesia related injuries that lead to malpractice (negligence) claims during the 1990s.
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1) death (22% of claims), 2)nerve damage (21%), and 3)brain damage (10%)
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Which amendment to the US constitution gives the states the right to enact laws to protect the health and safety of their citizens
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The 10th amendment is the source of the states “police power” or right to regulate the public heath, welfare, and safety.
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List 6 elements of informed consent
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1) pt. diagnosis 2) general nature and purpose of the anticipated procedure, 3 the risks and consequences involved 4) the prospects of success 5) prognosis if procedure is not performed 6) alternative methods of treatment available.
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The anesthetist discussess the pt. in his next case in the crowded staff elevator. What is this called?
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This is a TORT. A TORT is a civil wrongdoing. In this case, the malpractice is a breach of confidentiality (barash)
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Define res ipsa loquitor
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"The thing speaks for itself” Meaning that a person is presumed to be negligent if the object that caused an injury was entirely under the control of that person & the incident is one which does not happen in the absence of negligence (Nagelhout)
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