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Legal concepts, Risk management, and Ethical issues

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Question
Answer
Which of the following is an example of an international tort pertaining to surgical patient care?   B. Restraints are used on a patient who threatens to leave  
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which of the following legal doctrines would most likely apply in the case of a wrong site surgery or retaining foreign body?   D. resipsa loquitur  
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The phrase "departure from the standard of car" BEST describes which of the following legal terms?   D. negligence  
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Which of the following legal terms is best described as "professional misconduct that results in harm to another"?   C. Malpractice  
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what is the term that describes a method of pretrial discovery in which a surgical team member might answer question under oath?   D. Deposition  
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Which of the following torts would be classified as unintentional?   C. Foreign bodies left in patient  
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Which type of consent applies when emergency circumstances exist when reasonable providers believe that a patient would agree to treatment, even if no form was signed or verbal permission given?   B. Implied  
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A special consent form would be required for which of the following situations during a hospital admission?   D. Surgical procedures  
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Which member of the surgical team is ultimately responsible for obtaining a written, informed surgical consent from a patient?   C. Surgeons  
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All of the following are components of the surgical patient’s medical record EXCEPT:   D. Surgeons preference card  
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In 2004, which of the following agencies created the “Do Not Use” abbreviation list?   a. the Joint Commission (JC  
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What is the name of the type of report sent to risk management in an effort to decrease the chance of harm to patients or staff or damage to hospital property?   D. Sentinel event  
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Which of the following surgical patients would be legally authorized to sign an informed surgical consent, based on medical practice acts and state law?   c. an emancipated 16-year-old minor  
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Which of the following pertains to a patient’s wishes about medical treatment and self-determination in the event of incapacitation or inability to communicate?   a. advance directive b. deposition c. informed consent d. sentinel even  
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Which of the following terms best describes the process of keeping thorough, accurate, and legal records of a patient’s medical care   a. accountability b. consent c. documentation d. liability  
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All of the following carry the force of state or national legal enforcement EXCEPT   a. implementation of the neutral zone b. Health Insurance Portability and Accountability Act c. Patient Self-Determination Act d. scope of practice  
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The American Hospital Association replaced its “Patient’s Bill of Rights” with which of the following? a. doctrine of personal liability   a. doctrine of personal liability b. Health Insurance Portability and Accountability Act c. Patient Self-Determination Act d. Patient Care Partnership  
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The broad objectives of the Health Insurance Portability and Accountability Act (HIPAA) include all of the following EXCEPT   a. eliminate medical errors b. improve patient services c. protect patient privacy d. reduce health care fraud  
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Which of the following terms describes a civil wrong that may be intentional or unintentional?   a. complaint b. indictment c. liability d. tort  
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The most common types of patient-care errors committed by operating room personnel, including negligence and malpractice, are categorized as   a. intentional torts b. corporate liability c. unintentional torts d. standard of care`  
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In a common adage, what is the “best medicine” in health care   a. conscience b. documentation c. judgment d. prevention  
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According to the Joint Commission’s definition regarding consent to surgical intervention, which party has “autonomy”   a. anesthesia provider b. circulating RN c. the patient d. the surgeoN  
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Which of the following terms describes the system of principles that become standards of conduct for professionals   a. doctrines b. ethics c. morals d. precedents  
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Which of the following terms describes the principles such as benevolence, trustworthiness, and honesty for the care and well-being of others in society   a. doctrines b. ethics c. morals d. precedents  
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Which of the following would NOT be considered an example of a potential ethical dilemma?   a. patient privacy b. genetic engineering c. elective abortion d. right to die, termination of car  
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The legal term that identifies the knowledge and skills required for a profession and describes a health care provider’s core accountability, based on education, experience, and credentialing is   a. professional liability b. policies and procedures c. recommended standards of practice d. scope of practicE  
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Which of the following is NOT a form of individual professional credentialing that protects the public from unqualified health care providers   a. accreditation b. certification c. licensure d. registration  
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Verification that educational programs meet minimum accreditation standards is done by:   a. AST b. CAAHEP c. HIPAA d. NBSTS  
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Graduates of CAAHEP or ABHES programs are eligible to sit for the CST or CSFA examinations administered by   a. ARC/STSA b. AST c. CSPS d. NBSTSA  
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The best assurance of safe and individual professional behavior by the CST or CSFA is a well- developed, unyielding:   a. core curriculum b. liability insurance c. scope of practice d. surgical conscience  
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Which legal doctrine would be MOST applicable in a case involving failure by the RN and CST to do proper surgical counts resulting in retention of a foreign object and the surgeon being found not liable?   a. captain of the ship doctrine b. doctrine of borrowed servant c. doctrine of corporate negligence d. primum non nocer  
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Which legal doctrine would be MOST applicable in a case involving injury to a patient as a result of a hospital employee’s lack of proper training or credentialing?   a. captain of the ship doctrine b. doctrine of borrowed servant c. doctrine of corporate negligence d. primum non nocere  
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Which type of legal action is MOST likely in cases involving tort law and operating room personnel?   a. civil b. criminal c. federal d. statutory  
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If a patient suffered a burn as a result of improper application of the ESU dispersive (grounding) pad, the individual team member responsible may be found guilty in a lawsuit of which of the following?   a. assault b. battery c. intentional tort d. negligence  
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Specimen loss, mislabeling, and improper preparation are examples of which of the following   a. battery b. defamation c. intentional tort d. negligenc  
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Which of the following terms meets the following definition: a voluntary and informed act in which one party gives permission to another party to “touch”?   a. advance directive b. battery c. consent d. time-out  
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Which of the following forms of consent is defined by the Joint Commission as “agreement or permission accompanied by full notice about what is being consented to”   a. general b. implied c. informed d. special  
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Surgical team members who fail to monitor and protect a medicated patient from falling could be charged with   a. abandonment b. assault c. battery d. larceny  
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Which part of the patient’s medical record documentation would contain pre-op and post-op diagnoses, positioning, skin prep, start and stop times, counts, and dressings?   a. advance directive b. anesthesia record c. informed consent d. intraoperative record  
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For which of the following processes are identification and reporting of unsafe conditions and hazards MOST critical   a. advance directives b. informed consent c. risk management d. unintentional tort  
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Which of the following was identified in the late 1990’s as causing more deaths in the United States than car accidents, AIDS, and breast cancer combined   A. equipment manufacturing flaws b. H1N1 influenza c. medical errors d. terrorist attacks  
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safety and is aorganization whose focus is on patient and worker safety and is a unique coalition of surgeons (ACS), esthesiologists (ASA), operating room (AORN) and erianesthesia(ASPAN)nurses, CRNAs (AANA), surgical physician assistants (AASPA), and   a. American National Standards Institute (ANSI) b. Council on Surgical and Perioperative Safety (CSPS) c. Occupational Safety and Health Administration (OSHA ) d. the Joint Commission (TJC  
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What is establishing a neutral zone designed to do?   a. diffuse potential violence in high-stress situations b. prevent sharps injuries during surgical procedures c. reduce cross-contamination in the OR suite d. quarantine patients with airborne disease  
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Which governmental agency has authority as outlined in the Safe Medical Device Act?   a. EPA b. FDA c. HIPAA d. OSHA  
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The first scrub surgical technologist performs intraoperative tasks under the broad delegatory authority of the   a. anesthesiologist b. circulating RN c. OR supervisor d. surgeon  
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