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ST chapter 2
law&protocal
| Question | Answer |
|---|---|
| allegation | A Statement one expects to prove true |
| affidavit | voluntary statement of facts sworn to be true before an authority |
| accountability | the obligation to disclose details for evaluation; commonly used to mean- "to be held responsible for" |
| bona fide | in good faith or innocently |
| case law | all legal dicisions reported on a given legal subject |
| complaint | first pleading filed by plaintiffs attorney in a neglegence action |
| defendant | criminal cases: the person accused of the crime. civil matters: the person or organization that is being sued |
| deposition | a method of pretrial discovery in which questions are answered under oath. |
| Indictment | formal written accusation from a grand jury |
| larceny | taking anothers property without consent |
| subpoena | court order to appear and testify or produce required documents |
| precedent | legal principle created by a court decision, provides an example or authority for judges deciding simular issues later. |
| plaintiff | the person who initiates the law suit |
| malpractice | professional misconduct that results in harm to another; negligence of a professional |
| negligence | omission (not doing) or commision (doing) of an act that a reasonable and prudent individual would not do under same conditions |
| negligence 2 | criminal-reckless disregard for the safety of another; willful indefference |
| perjury | Intentionally providing false testimony under oath |
| defamation | slander (oral statement) or libel (written statement) that damages a persons reputation or good name |
| false imprisonment | illegal detention of a person without conc sent;restraints, confining to an area |
| liability | an obligation to do or not do something; obligation potentially or actually incurred as a result of a negligent act |
| liability personal | an obligation to do or not do something that falls on the individual |
| liability corporate | obligation to do or not do something that falls on the corporate body |
| law common | principles that have evolved and continue to evolve on the basis of court decisions |
| federal law | jurisdiction given to federal courts cases involving the interpretation and application of the U.S. constitution acts of congress,and treaties |
| law statutory | any law prescribed by the action of a legislature |
| state law | state statutes, regulations, and principles and rules having the force of law |
| tort | a civil wrong; may be intentional or unintentional. provides a remedy in the form of an action for damages |
| "Aeger Primo" | motto for the AST- "The Patient First" |
| standard of care | description of conduct that is expected of an individual or professional in a given circumstance |
| invasion of privacy | disclosure of private information concerning a patient that results in emotional distress |
| assult | an act that couses 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 |
| battery | the actual act or harmful or unwarranted contact with a person including contact without proper consent |
| Intentional infliction of emotional stress | disparaging remarks made about a patient that result in emotional distress |
| Intentional tort | requires proof of 3 elements;willful action #1 the defendants action was intended to interfer with plaintiff or plaintiff's property |
| Intentional tort | #2 the consequences of the act were intended. #3 the act was a substantial factor in bringing about the consequences |
| unintentional torts | exceeding authority or accepted funtions; violation of haspital policy-ST should be aware of state medical practice acts-hospital policies-scope of practice limitaions |
| unintentional torts continued | surgeons should delagate tasks to STSR that are clearly within the scope of practice for ST and are not prohibited by hospital policy or state law |
| unintentional torts continued | Individuals make mistakes; most common; negligence and malpractice behavior of a professional persons wrongful conduct |
| un-tort performing incorrect procedures | often related to limbs; take precautions to prevent removal of the wrong body part pr to prevent performing any surgical procedure on the wrong site. |
| un-tort performing incorrect procedures | patient should be asked to mark correct extremity or area with a permanent marker. all parties should agree mark indicate affected side not unaffected side |
| un-tort incorrect procedures | x-rays,CT,or MRI scans should be checked by surgical assistants-proper area of side confirmed before the incisions is made |
| un-tort "Time Out" all members of surgical team (JCAHO, 2003) | should take place imediately before starting the procedure so final verifications of correct patient procedure is completed |
| un-tort "Time Out" continued | all surgical team members in OR must agree with the correct patient, correct site,side,procedure,implant placement-when applicable |
| un-tort foreign bodies left in patients | secondary to incorrect sponge/instrument counts,the circulator and the STSR must count intruments,sponge,needles,tips for electro pencil,blades |
| un-tort foreign bodies continued | all items that hospital policy specifies for counting before procedure begins,time of wound closure,during skin closure |
| un-torts patient burns | burns-when contact between tissue and energy sources;heat,electrical current,radiation,or chemicals. |
| un-torts patient burns | hot instruments: ST is responsible for cooling the instrument with cool sterile water before use |
| un-torts improper placement of dispersive electrode for electrosurgical unit | placement responsibility of circulator-malfunctioning of electrosurgical unit-unit should be tested before procedure begins |
| un-torts other electrical device malfunctions | electrical equipment should grounded to reduce the risk of burns;should be tested frequently |
| un-torts improper use of lasers 1 | special end tracheal tubes are required to parevent laryngeal injury |
| un-torts lasers continued 2 | wet towels are to be placed around operative area to prevent burns from improperly charged laser beam |
| un-torts lasers continued 3 | chemical dangers around lasers-pooled flammable prep solutions,flammable anethesia gases,irragation fluid that is too hot |
| un-tort falls or positioning errors 1 | unattended patients,side rails down,transferring to OR table-apply safety strap as soon as patient is on OR table |
| un-tort falls or positioning errors 2 | nerve,skin,joint,vascular injuries can occur due to incorrect positioning or padding after patient is anesthetized-pressure points should be padded |
| un-torts falls or positioning errors 3 | each member of the team can be charged with megligence if an injury accurs due to improper positioning |
| un-torts improper handling,identification,loss of specimens 1 | negligence occurs if a specimen is lost,improperly prepared or "fixed" for analysis, or inaccuratey labled |
| un-torts improper handling,indentification, loss of specimens 2 | loss of specimen would prevent diagnosis,may require 2nd surgical procedure,as could improper spicimen preparation for lab analysis |
| un-torts incorrect drugs/or administration 1 | circulator and STSR must follow hospital policy for transfer of drugs to the sterile field |
| un-torts incorrect drugs/or administration 2 | all medications and solutions on the sterile setup should be labled,separated, and preferably in two different types of containers. |
| un-torts incorrect drugs/ir administration 3 | STSR should announce to the surgeon name and strength of drug as it is passed;repsonsibility is shared by surgical team |
| un-torts harm secondary to use of defective equipment 1 | instrument-malfunctioning equipment and instrumentation can cause injury to a surgical patient |
| un-torts harm secondary to use of defective equipment 2 | manufacurer's recommendations for service and operation should always be followed |
| un-torts harm secondary to use of defective equipment 3 | biomedical engineering departments maintain surgical equipment |
| un-torts electrical equipment maintenance |
Created by:
4mydad
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