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Legal Doctrines

For Surg. Tech. 1505

Doctrine of Detrimental Reliance Responsibility for injury can be deflected to you
Primum non nocere "first do no harm"
Extension Doctrine Allows physician to perform procedures that aren't explicitly listed in informed consent if an unforeseen complication requires a procedure which was not anticipated
Doctrine of Informed Consent Surgeon's duty to inform the pt. of the risks, benefits, and the alternative to any procedure and to obtain consent before any procedure is carries out.
Doctrine of Corporate Negligence Facility is liable for its own negligence in failing to ensure that an acceptable level of care is provided. Must screen all staff, meet JCAHO standards.
Doctrine of Respondeat Superior Master will be responsible for the acts of a servant. Facility is responsible.
Doctrine of Res Ipsa Loquitor The thing speaks for itself. Pt's injury stands as evidence of neglect and the burden of proof of innocence is on the caregiver.
Doctrine of the Reasonable Man Pt. has right to expect all caregivers to bring skill, knowledge and judgement to the care they provide him/her with.
Doctrine of Person (vicarious) Liability Responsibility of a person for another's torts. The employer can be sued directly as though his employee's negligence was his negligence.
Doctrine of Foreseeability Manufacturer is under obligation to foresee situations where a product can be misused, and to warn buyers or users accordingly
Doctrine Borrowed Servant Rule Surgeon liable for acts of team members only when he/she has the right to control and supervise the way in which a task is completed. In most cases surgeon is not faulted if perioperative caregiver fails...
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