Chapter 2 – Legal Concepts, Risk Management, and Ethical Issues – Flashcards
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In the health care environment, there is considerable agreement over basic values and their applications for patient care. Basic values of Health Care practice include:
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-Laws -Standards -Guidelines -Policies
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The obligation to disclose details for evaluation; commonly used to mean "to be held responsible for." 1. Negligence 2. Complaint 3. Accountability 4. Liability
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3. Accountability
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Voluntary statement of facts sworn to be true before an authority. 1. Affidavit 2. Deposition 3. Indictment 4. Precedent
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1. Affidavit
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A statement one expects to prove true. 1. State Law 2. Indictment 3. Subpoena 4. Allegation
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4. Allegation
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In good faith or innocently 1. Complaint 2. Larceny 3. Bona Fide 4. Standard of Care
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3. Bona Fide
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All legal decisions reported on a given legal subject. 1. Law (Common) 2. Case Law 3. Liability 4. Defendant
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2. Case Law
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First pleading filed by plaintiff's attorney in a negligence action. 1. Indictment 2. Complaint 3. Allegation 4. Plaintiff
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2. Complaint
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In criminal cases, the person accused of the crime; in civil matters, the person or organization that is being sued. 1. Defendant 2. Subpoena 3. Law (Common) 4. Law (Statutory
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1. Defendant
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A method of pretrial discovery in which questions are answered under oath. 1. Case Law 2.Guardian 3. Deposition 4. Precedent
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3. Deposition
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Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. 1. Case Law 2. Federal Law 3. Law (Common) 4. Law (Statutory)
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2. Federal Law
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Court appointed protector for an individual incapable of making his or her own decisions. 1. Tort 2. Standard of Care 3. Jury 4. Guardian
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4. Guardian
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An injury resulting from the activity of health care professionals. 1. Negligence 2. Malpractice 3. Iatrogenic Injury 4. Law (Common)
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3. Iatrogenic Injury
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Formal written accusation from a Grand Jury. 1. Deposition 2. Indictment 3. Precedent 4. Subpoena
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2. Indictment
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A group of citizens who decide the outcome of a criminal or civil trial. 1. Jury 2. Guardian 3. Defendant 4. Federal Law
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1. Jury
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Taking another's property without consent. 1. State Law 2. Liability 3. Perjury 4. Larceny
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4. Larceny
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Principles that have evolved and continue to evolve on the basis for court decisions. 1. Case Law 2. State Law 3. Law (Common) 4. Law (Statutory)
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3. Law (Common)
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Any law prescribed by the action of a legislature. 1. Law (Statutory) 2. Law (Common) 3. State Law 4. Federal Law
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1. Law (Statutory)
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An Obligation to do or not do something; also an obligation potentially or actually incurred as a result of a negligent act. 1. Iatrogenic Injury 2. Liability 3. Malpractice 4. Negligence
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2. Liability
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Professional misconduct that results in harm to another; negligence of a professional. 1. Malpractice 2. Tort 3. Negligence 4. Iatrogenic Injury
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1. Malpractice
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An omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions; may be associated with the phrase "departure from the standard of care". 1. Malpractice 2. Liability 3. Negligence 4. Federal Law
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3. Negligence
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Intentionally providing false testimony under oath. 1. Complaint 2. Larceny 3. Perjury 4. Bona Fide
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3. Perjury
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The person who initiates a lawsuit. 1. Guardian 2. Allegation 3. Defendant 4. Plaintiff
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4. Plaintiff
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Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. 1. Case Law 2. Precedent 3. Law (Common) 4. Law (Statutory)
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2. Precedent
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Description of conduct that is expected of an individual or professional in a given circumstance. 1. Tort 2. Federal Law 3. Standard of Care 4. State Law
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3. Standard of Care
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State statutes, regulations and principles and rules having the force of law. 1. Law (Common) 2. Standard of Care 3. State Law 4. Law (Statutory)
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3. State Law
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Court order to appear and testify or produce required documents. 1. Indictment 2. Deposition 3. Subpoena 4. Liability
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Subpoena
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A civil wrong; may be intentional or unintentional. 1. Tort 2. Malpractice 3. Negligence 4. State Law
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Tort
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"The Patient first" 1. Res Ipsa Loquitur 2. Aeger Primo 3. Primum Non Nocere
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2. Aeger Primo
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A health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided. 1. Doctrine of Foresee Ability 2. Doctrine of the Reasonably Prudent Person 3. Doctrine of Corporate Negligence 4. Doctrine of Borrowed Servant 5. Doctrine of Personal Liability
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3. Doctrine of Corporate Negligence
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A doctrine that states the surgeon is not always responsible if a ST or RN on the surgical team fails to carry out a routine procedure that he/she was properly educated. 1. Doctrine of Foresee Ability 2. Doctrine of the Reasonably Prudent Person 3. Doctrine of Corporate Negligence 4. Doctrine of Borrowed Servant 5. Doctrine of Personal Liability
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4. Doctrine of Borrowed Servant
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The courts do not demand that you possess mind reading skills, but they do expect you to anticipate risks to participants reasonably. For example: After the patient is moved form the stretcher to the operating room table, the safety strap should be applied. 1. Doctrine of Foresee Ability 2. Doctrine of the Reasonably Prudent Person 3. Doctrine of Corporate Negligence 4. Doctrine of Borrowed Servant 5. Doctrine of Personal Liability
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1. Doctrine of Foresee Ability
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Each person is responsible for his or her own conduct, even if others are liable. 1. Doctrine of Foresee Ability 2. Doctrine of the Reasonably Prudent Person 3. Doctrine of Corporate Negligence 4. Doctrine of Borrowed Servant 5. Doctrine of Personal Liability
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5. Doctrine of Personal Liability
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A person should perform an action as would any reasonable person of ordinary prudence. 1. Doctrine of Foresee Ability 2. Doctrine of the Reasonably Prudent Person 3. Doctrine of Corporate Negligence 4. Doctrine of Borrowed Servant 5. Doctrine of Personal Liability
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2. Doctrine of the Reasonably Prudent Person
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"Above all do no harm." 1. Aegar Primo 2. Primum Non Nocere 3. Res Ipsa Loquitur
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2. Primum Non Nocere
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"The thing speaks for itself." 1. Res Ipsa Loquitur 2. Aeger Primo 3. Primum Non Nocere
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1. Res Ipsa Loquitur
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"Twisted" law. Any civil wrong independent of a contract.
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Tort
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Name 2 types of Torts:
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-Intentional tort -Unintentional tort
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Intentional Torts require proof of the willful action of the following 3 elements:
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1. The defendant's action was intended to interfere with the plaintiff's property. 2. The consequences of the act were also intended. 3. The act was a substantial factor in bringing about the consequences.
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An act that causes another person to fear that he/she will be touched in an offensive, insulting, or physically injurious manner without consent or authority to do so. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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4. Assault
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The actual act of harmful or unwarranted contact with a person, including contact without proper consent. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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5. Battery
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Slander or libel that damages a person's reputation or good name. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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2. Defamation
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Illegal detention of a person without consent or forcing a person to stay in an area by not allowing him/her to leave. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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3. False Imprisonment
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Disparaging remarks made about a patient that result in emotional distress. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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6. Intentional Infliction of Emotional Distress
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Disclosure of private information concerning a patient or photographing a patient without consent. 1. Invasion of Privacy 2. Defamation 3. False Imprisonment 4. Assault 5. Battery 6. Intentional Infliction of Emotional Distress
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1. Invasion of Privacy
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Despite the surgical team's best efforts, individuals make mistakes. ___________ _______ are the most common types of patient care errors committed by operating room personnel.
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Unintentional Tort
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Is the term used to describe the behavior of a professional person's wrongful conduct. A negligent act committed by surgical personnel. 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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5. Malpractice
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A breach of duty. It is an omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions. "Departure from the standard of care". 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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4. Negligence
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Checks and cross checks are performed by everyone who comes in contact with the patient. All patients that enter the O.R. should have an ID band. 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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3. Patient Misidentification
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Identification of the correct limb and/or surgical site should be verbally confirmed. Diagnostic tests (MRI, X-ray) should be checked by the Surgeon and Surgical Assistant and the proper area confirmed before the incision is made. 1. Performing an Incorrect Procedure 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Harm Secondary to Use of Defective Equipment/Instrument 6. Improper Handling, Identification or Loss of Specimen
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1. Performing an Incorrect Procedure
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The Circulator and STSR MUST count all instruments, needles, sponges, blades, etc. at the beginning and end of ALL procedures. 1. Performing an Incorrect Procedure 2. Incorrect Drugs or Incorrect Administration 3. Foreign Bodies Left in Patients Secondary to Incorrect Sponge/Instrument Counts 4. Negligence 5. Harm Secondary to Use of Defective Equipment/Instrument 6. Improper Handling, Identification or Loss of Specimen
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3. Foreign Bodies Left in Patients Secondary to Incorrect Sponge/Instrument Counts
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________ ______ can occur from a variety of sources: -Hot Instruments. (Cool w/Sterile Water) -Electrode placement -Malfunctioning Unit -Improper Grounding -Improper use of LASER -Pooled Prep Solutions -Anesthetic Gases -Hot irrigation fluid 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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1. Patient Burns
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A safety strap should be applied as soon as the patient is moved to the operating table to prevent a fall. Each member of the team can be charged with negligence if an injury occurs due to improper positioning. The surgeon is ultimately responsible for personally positioning the patient for the surgical procedure. 1. Abandonment of Patient 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Falls or Positioning Errors Resulting in Patient Injury 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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4. Falls or Positioning Errors Resulting in Patient Injury
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Negligence occurs if a specimen is lost, improperly prepared (fixed), or inaccurately labeled. Loss of specimen or improper handling can result in another surgical procedure. 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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6. Improper Handling, Identification, or Loss of Specimens
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All medications on the sterile field should be labeled! The STSR should announce to the surgeon the name and strength of the drug as it is passed. 1. Patient Burns 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Negligence 5. Malpractice 6. Improper Handling, Identification or Loss of Specimen
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2. Incorrect Drugs or Incorrect Administration
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Liability formal functioning equipment and instrumentation may lie with the institution if it can be proven that the equipment was not properly maintained. Electrical devices should be tested frequently and grounded properly to prevent the risk of burns. 1. Abandonment of a Patient 2. Incorrect Drugs or Incorrect Administration 3. Patient Misidentification 4. Exceeding Authority or Accepted Functions/Violations of Hospital Policy 5. Harm Secondary to Use of Defective Equipment/Instrument 6. Improper Handling, Identification or Loss of Specimen
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5. Harm Secondary to Use of Defective Equipment/Instrument
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Each item must be removed by the Circulator or holding area nurse and placed in a protective container that is clearly marked as property of the patient. 1. Abandonment of a Patient 2. Incorrect Drugs or Incorrect Administration 3. Loss Of or Damage to Patient's Property 4. Exceeding Authority or Accepted Functions/Violations of Hospital Policy 5. Harm Secondary to Use of Defective Equipment/Instrument 6. Improper Handling, Identification or Loss of Specimen
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3. Loss Of or Damage to Patient's Property
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The ST through the application of a strong surgical conscience, should apply all principles of asepsis and must report breaks that occur to reduce the risk of postoperative infections. The only method to ensure the sterility of items is the biological indicators. 1. Abandonment of a Patient 2. Incorrect Drugs or Incorrect Administration 3. Loss Of or Damage to Patient's Property 4. Exceeding Authority or Accepted Functions/Violations of Hospital Policy 5. Harm Secondary to Major Break in Sterile Technique 6. Improper Handling, Identification or Loss of Specimen
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5. Harm Secondary to a Major Break in Sterile Technique
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The surgeon should delegate tasks to be performed by the STSR that are clearly within the "Scope of Practice" for Surgical Technology and are not prohibited by Hospital policy or State Law. 1. Abandonment of a Patient 2. Negligence 3. Loss Of or Damage to Patient's Property 4. Exceeding Authority or Accepted Functions/Violations of Hospital Policy 5. Harm Secondary to Major Break in Sterile Technique 6. Improper Handling, Identification or Loss of Specimen
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4. Exceeding Authority or Accepted Functions/Violation of Hospital Policy
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If a member of the surgical team leaves a patient who is dependent on their presence as a caregiver, then the caregiver can be held liable for Abandonment. 1. Abandonment of a Patient 2. Incorrect Drugs or Incorrect Administration 3. Malpractice 4. Negligence 5. Harm Secondary to Major Break in Sterile Technique 6. Improper Handling, Identification or Loss of Specimen
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1. Abandonment of a Patient
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_________ is truly the best medicine! A vigilant surgical conscience should prevent all incidents. It is the moral and legal responsibility of everyone on the surgical team to render the best and safest care possible to the patient.
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Prevention
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A term that refers to permission being given for an action.
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Consent
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The physician's responsibility for securing an informed consent requires the following conditions:
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1. Information must be given in understanding language. 2. There can be no coercion or intimidation of the patient. 3. The proposed surgical procedure or treatment must be explained. 4. Potential complications must be explained. 5. Potential risks and benefits must be explained. 6. Alternative therapies and their risks and benefits must be explained.
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A proper written informed consent should contain:
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1. Patient's Legal Name 2. Surgeon's Name 3. Procedure being performed, including side if applicable. 4. Risks of anesthesia and procedure including complications. 5. Patient's legal signature 6. Signature of witness- Not a member of the surgical team. 7. Date and time of Signatures
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The patient must meet the following conditions in order to give consent for a surgical procedure:
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-Of legal age or a legally emancipated minor. -Mentally Alert -Legally Competent -Not under the influence of drugs or alcohol *Illiterate individuals may sign the form with an "X" provided another authorized individual is witness.
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Informed Consent may be given by any of the following:
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-A competent adult speaking for himself/herself. -Parent or legal guardian of a minor. -Guardian in the case of physical inability or legal incompetence. -Temporary Guardian. -Hospital Administrator. -The Courts.
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Emergency circumstances may alter the consent process. State law dictates the methods for securing consent under these condition. Some of which include:
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-Telephone -Telegram -Electronic -Agreement of 2 consulting physicians *(NOT including the Surgeon) -Administrative Consent
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Consent for surgery may be given in 2 formats:
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1. Expressed Consent 2. Implied Consent
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A direct verbal or written statement granting permission for treatment. 1. Implied Consent 2. Expressed Consent
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2. Expressed Consent
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Is consent in which circumstances exist that would lead a reasonable health-care provider to believe that the patient had given consent although no direct or verbally expressed words had been given. It may apply when conditions are discovered during a surgical procedure. 1. Implied Consent 2. Expressed Consent
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1. Implied Consent
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Placing information into the patients medical record.
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Documentation
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The patients Medical Record will typically include:
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1. Identification of the patient. 2. Identification of the physicians, nurses, and other health care providers involved with the patients care. 3. Patients' medical history and physical examination. 4. Diagnosis. 5. Treatment Plan, details, and results. 6. Medication record. 7. Physical finding during hospital stay. 8. Discharge condition. 9. Possible follow-up treatment plan.
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Anything of clinical significance should be recorded in the chart so that anyone who is involved with patient care can provide continuity. Events should ONLY be recorded after the fact! The chart can be used to discover the source of a _________ act!
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negligent
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They are mechanisms used for reporting incidents related to any adverse patient occurrence that may have legal ramifications for the staff or the patient. Falls, medications errors, burns, loss of specimens, sexual harassment, aggression, violence should all have ________ reports.
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Sentinel Event/Incident Reports
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It is a written instruction dealing with the right of an incapacitated patient to self determination. This directive carries the weight of State Law and expresses a patient's wishes about the kinds and amount of medical treatment provided in the event that the patient can no longer make those types of decisions. Living Will, DNR/DNI.
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Advance Directives
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A general intent of health care legislation (1972)
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Patient's Bill of Rights
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It reflects a general accepted view of the patient as an autonomous individual who is in need of a service that he/she cannot provide for himself or herself.
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AHA Patient's Bill of Rights (American Hospital Association)
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Today the ____ replaced the "Patient's Bill of Rights" with the "___________". The patient is now a _____________, that is, the knowledge and abilities of the health care provider.
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AMA (American Hospital Association) Patient Care Partnership consumer of goods
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Each patient has the right under _____ law to make decisions concerning his/her care, including the right to refuse treatment. It contains plainer language that informs the patient about what he/she should expect during a hospital stay with regard to his/her rights and responsibilities.
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State
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The following is a list of expectations:
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- High quality hospital care. - A clean and safe environment. -Involvement in the patient's care. - Protection of patient privacy. - Help when leaving the hospital by preparing the patient and family. -Help with bill and insurance claims.
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______ ____________ is an integrated system developed by hospitals for the prevention and control of areas of potential liability.
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Risk Management
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Risk Management objectives for a hospital are:
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1. Minimize risks to patients and hospital employees. A "time out" should take place prior to the procedure to verify the correct patient, procedure, side, site, implants, and all the surgical team members must agree. 2. Avoid or control financial loss. 3. Identify actual or potential causes of patient and employee accidents. 4. Implement programs, policies, and procedures to eliminate or reduce occurrences. 5. Collect and utilize data to decrease harm to patients and staff or damage to property.
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Which organization recognizes patient safety as being an item of the highest priority and strongly urges individual hospitals and health care organizations to take all reasonable measures to prevent the retention of foreign bodies in the surgical wound. 1. HIPPA 2. JACHO 3. ACS 4. AST
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3. ACS (American College of Surgeons)
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Two issues have an impact on the hospitals risk management:
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1. Reduced Staffing 2. Employee Rights
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This issue, can cause added stress to the health care system and reduce the quality of care. Health care workers are asked to keep costs down, but to deliver the same quality of care. 1. Employee Rights 2. Reduced Staffing
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Reduced Staffing
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This issue, health care workers have rights. They should watch the number of hours worked. 2 shifts (7am - 3pm and 3pm-11pm) can lead to overworked. 1. Employee Rights 2. Reduced Staffing
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Employee Rights
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The ____ claims that more people die from medical error than from car accidents, AIDS and breast cancer combined!
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IOM (Institute of Medicine)
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________ has become the BEST weapon for the reduction of medical errors.
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Technology
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Hospitals are required to participate in tracking medical devices whose failure could result in a serious adverse patient outcome. The law also requires hospitals and distributors and manufacturers of devices to cooperate in implementing methods of device tracking. The failure of a device must be reported to who?
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FDA
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Managing Patient & Employee Injuries. Managing injuries involves two key components:
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1. The injury is immediately reported 2. The individual is rendered medical treatment if necessary
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Documentation of the details of the incident contributes to the ability of the employer to analyze the situation and implement controls in order to avoid a repeat of the situation.
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Managing Patient & Employee Injuries
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Malpractice Insurance:
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-Hospital employees who commit negligent acts are typically covered by insurance policies provided by the facility, as long as the negligent act was committed within the scope of the institution's policies and procedures. -If the ST is sued as an individual, however, personal malpractice insurance will be required to cover any discrepancy between the hospital's and the individual's policies. -All practicing ST and surgical assistants should carry professional liability insurance because the odds that they will be sued for malpractice are greater than in the past. -If there is a settlement against a specific healthcare provider and there is no malpractice insurance to cover the settlement, the judge may attach a lien on property owned by the defendant, or the money may be obtained from future earnings.
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Is the first Federal Act to establish privacy standards to protect patient's medical records and other health-related information. The new privacy regulations ensure a national floor of privacy protections for patients by limiting the ways that health plans, pharmacies, hospitals and other covered entities can use patient's personal medical information.
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HIPPA
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What does HIPPA stand for?
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Health Insurance Portability and Accountability Act
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HIPPA's Main objectives include:
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1. Ensure health insurance portability even in the face of pre-existing medical conditions. 2. Guarantee the privacy of health information of all patients. 3. Decrease the incidences of fraud and abuse in the health care community.
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Key Provisions of HIPPA include:
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1. Access to medical records 2. Notice of privacy practices 3. Limits on use of personal medical information 4. Prohibition on marketing 5. Confidential communications 6. Complaints
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The aim of ______ is to provide improved patient services, protect the privacy of patients, and reduce fraud and abuse.
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HIPPA
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What is good for the individual and society and establishes the nature of duties that owe themselves and one another. It is an attempt to define these concepts and their relationship to beliefs, morals and personal values.
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Ethics
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_______ is the system of moral principles and rules that become standards for professional conduct.
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Ethics
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They are the guides for ethical decision making, the principles that we try to install in our children. (Ex. Benevolence, trustworthiness, and honesty). These principles include the concern that we have for the well-being of others and respect for their autonomy.
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Moral Principles
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Is the study of the ethical implications of biological research and applications, especially in medicine.
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Bioethics
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________ involves examination of the benefits and risks of biotechnology, and offers a system that raises question about medical care that can lead to answers about what is right and what is wrong. ________ principles are very different from those of traditional medical ethics.
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Bioethics
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The focus of bioethics is essentially a ________ concept designed to maximize total human benefits (The good of the society may sometimes outweigh the good of the individual patient).
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Utilitarian
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Elements of Ethical Decision Making: Ethics begins with a debate about _______ and ________.
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RIGHT and WRONG
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Ethics must answer 5 basic question:
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1. What makes a "right act" right? 2. To whom is moral duty owed? 3. What "kinds" of acts are right? 4. What is the relationship between specific situations and ethical principles or guidelines? 5. What action is to be taken in the situation at hand?
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What makes a "Right Act" Right?
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- Universalism/Absolutism - Social Relativism - Personal Relativism - Situational Relativism
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(What makes a "Right Act" Right?) Some principle or principles exist that are beyond individual and society variance. 1. Social Relativism 2. Personal Relativism 3. Universalism/Absolutism 4. Situational Relativism
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3. Universalism/Absolutism
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(What makes a "Right Act" Right?) Society determines the principles in order to protect and maximize its welfare. 1. Social Relativism 2. Personal Relativism 3. Universalism/Absolutism 4. Situational Relativism
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1. Social Relativism
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(What makes a "Right Act" Right?) The individual determines the principles in order to protect and maximize personal welfare. 1. Social Relativism 2. Personal Relativism 3. Universalism/Absolutism 4. Situational Relativism
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2. Personal Relativism
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(What makes a "Right Act" Right?) All of the above must be applied to a given circumstance and the circumstance dictates the rightness of the action. 1. Social Relativism 2. Personal Relativism 3. Universalism/Absolutism 4. Situational Relativism
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4. Situational Relativism
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(To Whom is moral duty owed?) Medical ethics often prefers a __________ - Obligation and Duty. The health care community believes that its primary obligation and moral duty is to the patient as an individual! The patient has a need, potentially life threatening, for the services of the health care community.
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Deontological Approach
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(What "kinds" of acts are right?) ___________ centers around the question: "What kinds of actions are right?"
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Normative Ethics
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(What "kinds" of acts are right?) There are 2 approaches:
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1. Formalism 2. Utilitarianism
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(What "kinds" of acts are right?) There is inherent right and wrong in a given act. The act is not judged by its consequences! The act itself is either right or wrong! -Formalism -Utilitarianism
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-Formalism
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(What "kinds" of acts are right?) Focuses on consequences. The end result is a necessary condition for evaluating what the action holds. -Formalism -Utilitarianism
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-Utilitarianism
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(What "kinds" of acts are right?) Ex: Consider a patient who is psychologically unstable and the information could result in the patient's refusing the procedure even though there is no medical doubt of need. The _______ says the informed consent is right. The _______ says it is wrong if the patient refuses treatment and is damaged because of that action.
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-formalist -utilitarian
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(What is the relationship between specific situations and ethical principles or guidelines?) _______ VS. _______.
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Fletcher VS. Ramsey
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(What is the relationship between specific situations and ethical principles or guidelines?) Who argues that the physician must act on the best biological data available, at the time, with the understanding that the intent is to serve the patient. 1. Formalist 2. Utilitarian 3. Fletcher 4. Ramsey
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3. Fletcher
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(What is the relationship between specific situations and ethical principles or guidelines?) Who argues that medical practice must incorporate the best biological data available into its decision making. -WAIT until more data is available. 1. Formalist 2. Utilitarian 3. Fletcher 4. Ramsey
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4. Ramsey
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The Surgical Technologist will be exposed to many issues that may create personal and vocational discomfort like:
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-Animal Experimentation -Assisted Suicide -Care of individuals with AIDS -Abortion -Gender Reassignment -Good Samaritan Law -Human Experimentation -Organ Donation -Stem Cell Research -Workplace Violence
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Most professionals have adopted highly detailed codes of conduct for their respective memberships, along with methods for enforcement of breaches of those codes. 1. _____ = Principles of Medical Ethics 2. _____ = International Code of Nursing Ethics 3. _____ = AST code of Ethics
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1. AMA 2. Nurses 3. AST
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Scope of Practice:
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-It is a term that identifies the knowledge and skills required for the profession in order to provide effective and reliable services. -For the ST, it identifies the disciplines and processes that define the field and ways in which surgical technology is different from other Allied Health fields. -Scope of Practice refers to those services for which the provider is accountable, based on education, experience, national credentialing, and state licensure.
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Profession scopes of practice and standards of conduct derive from a number of different sources including:
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-Federal Law -Federal Agencies -State Law and Regulations -Legal Precedent -Hospital Policy -Profession Organizations
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Establish the knowledge and skills base that is used in determining a standard of care. 1. AST 2. HIPPA 3. The Core Curriculum for Surgical Technology and Core Curriculum for Surgical Assisting 4. NBSTSA
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3. The Core Curriculum for Surgical Technology and Core Curriculum for Surgical Assisting
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The state itself may put laws in place that specifically define a scope of practice for a profession. (Mississippi -; Nails). Generally speaking, the ________ performs surgical tasks intra-operatively under the broad delegatory authority of the operative physician, specific provisions for which vary from state to state.
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STSR
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A key characteristic that the ST should exhibit and constantly improve upon is?
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Communication!
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The best assurance of safe and professional behavior is a well developed?
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Surgical Conscience "Is This Task Within My Scope of Practice?"
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When faced with tasks that the ST may not feel are within the scope of practice, ask these questions:
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1. Was the skill/task taught in your accredited surgical technology program? 2. If it was not, have you since completed a comprehensive educational program, which included clinical experience? 3. Has this task become so routine in ST practice that is can be reasonably and prudently assumed within scope? 4. IS the skill/task prohibited by hospital policy or state law? Does it require a state license to perform? 5. Is this practice within an acceptable standard of care which would be provided by a reasonable and prudent person with similar education and experience? 6. Are there professional association standards or position statements that support this activity with additional education and experience? 7. Are you prepared to accept responsibility and accountability for performing the activity competently and safely?
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To a very large extent, ST and the surgical assistant scope of practice is determined by the delegatory decisions made by the supervising ________.
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surgeon
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One of the ways in which the public is protected from unqualified health care professionals is through the process of?
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Credentialing
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__________ does not verify competency because competency is an ongoing evaluation.
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Credentialing
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Types of Credentialing:
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- Registration - Certification - Licensure
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Formal process by which qualified individuals are listed in a registry. 1. Certification 2. Registration 3. Licensure
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2. Registration
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Recognition by an appropriate body that an individual has met a predetermined standard. 1. Licensure 2. Certification 3. Registration
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2. Certification
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Legal right granted by a government agency in compliance with a statute that authorizes and oversees the activities of the profession. 1. Licensure 2.Certification 3. Registration
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1. Licensure
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Most surgical technology programs are accredited through?
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CAAHEP or ABHES
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The accreditation standards for ST require that programs base their program curriculum on the?
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Core Curriculum for Surgical Technology