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26 Cards in this Set
- Front
- Back
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Liable
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Legally bound to make good on any loss or damage
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Negligence
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Omission to do something which a reasonable person would do, or doing something which a reasonable and prudent person would not do
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Tort
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Legal wrong committed by one person involving injury to another person, loss of or damage to personal property, may be intentional or unintentional
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Borrowed Servant Rule
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Surgeon usually is not held responsible when a perioperative caregiver fails to carry out a routine procedure as expected
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Doctrine of the Reasonable Man
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All personnel will use knowledge, skill, and judgment in performing duties that meet standards exercised by other reasonably prudent persons involved in similar circumstances
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Doctrine of Res Ipsa Loquitor
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"The thing speaks for itself"
Used in medical malpractice to circumvent need for expert testimony |
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Doctrine of Respondent Superior
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Employer may be liable for employee's negligent act
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Doctrine of Informed Consent
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Physician's duty to inform the patient and to obtain consent prior to treatment
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Assault
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An unlawful intent to harm another physically
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Battery
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Carry out of bodily harm
As in touching without authorization or consent |
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Invasion of privacy
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Patient right to expect all communications and records to remain confidential
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Defamation
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Injury to a person's reputation/character by willful statements made to a third person
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Libel
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Willful statement made to a third person in writing, causing injury to a person's reputation/character
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Slander
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Willful statement made to a third person verbally, causing injury to a person's reputation/character
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Abandonment
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Consists of leaving the patient for any reason when the patient's condition is contingent on the presence of a caregiver
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Patient Self-Determination Act enacted by the U.S. Congress in December 1991
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Affords the patient the opportunity to participate in decision making in advance of procedure
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What are the Advance Directives?
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1. Patient Self-Determination Act
Enabled by the U.S. Congress in December 1991 2. Informed Consent 3. Licensure 4. Certification |
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Informed Consent
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1. Surgeon has the ultimate responsibility for obtaining the informed consent for the procedure
2. Informed consent document specifically outlines each procedure to be performed and explains the risks and benefits of the procedure |
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Licensure
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1. After completion of formal education and successfully pass an examination, a license to practice is granted to professionals by a governmental agency
2. Is mandatory for Nurses and Physicians to practice |
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Certification
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1. A private organization awards a credential that attests to the competence or high level of knowledge to an individual who needs predetermined qualifications
2. Voluntary for healthcare professionals to be certified by their professional specialty association |
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Values
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Operational beliefs an individual chooses as the basis for behavior
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Morals
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Guide ethical decisions and activities in clinical practice
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Ethics
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Standards or Principles of moral judgement and action
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Bioethical situations
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May create a conflict between an individual's value system and moral obligation to the patient
example: reproductive sterilization, abortion, euthanasia |
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Define SURGICAL CONSCIENCE
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The inner voice for conscientious practice of asepsis and sterile technique at all times
1. Appropriate action taken whether person is with others or alone 2. Foundation for practice of strict aseptic and sterile technique |
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Behaviors that undermine surgical conscience
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Poor morale, peer apathy, stress fatigue/poor health, personal problems, staff relations
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