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Chapter 2: Legal Concepts, Risk Management, and Ethical Issues Flashcards | StudBud
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Chapter 2: Legal Concepts, Risk Management, and Ethical Issues
Chapter 2: Legal Concepts, Risk Management, and Ethical Issues
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Chapter 2: Legal Concepts, Risk Management, and Ethical Issues
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1
Emergency consent in absence of signed/verbal permission?
general
informed
direct
implied
2
Surgical team members who fail to monitor and protect a medicated patient from falling could be charged with:
assault
larceny
battery
abandonment
3
The American Hospital Association replaced its “Patient’s Bill of Rights” with which of the following?
Health Insurance Portability and Accountability Act
doctrine of personal liability
Patient Care Partnership
Patient Self-Determination Act
4
Which section of the pts MR would include pre-op and post-op diagnoses positioning skin preparation start and stop time
advance directive
anesthesia record
informed consent
intraoperative record
5
All of the following carry the force of state or national legal enforcement EXCEPT:
Patient Self-Determination Act
scope of practice
Health Insurance Portability and Accountability Act
implementation of the neutral zone
6
Which doctrine is most applicable where a pt is injured due to a hospital employee's lack of proper training or cred.
primum non nocere
doctrine of corporate negligence
captain of the ship doctrine
doctrine of borrowed servant
7
Which of the following would NOT be considered an example of a potential ethical dilemma?
right to die, termination of care
patient privacy
elective abortion
genetic engineering
8
The first scrub surgical technologist performs intraoperative tasks under the broad delegatory authority of the:
OR supervisor
surgeon
anesthesiologist
circulating RN
9
Specimen loss, mislabeling, and improper preparation are examples of which of the following?
intentional tort
battery
negligence
defamation
10
In a lawsuit, which may an individual team member be found guilty of if a patient sustains a burn due to ECU complicati
assault
negligence
intentional tort
battery
11
According to the Joint Commission’s definition regarding consent to surgical intervention, which party has “autonomy”?
anesthesia provider
the surgeon
circulating RN
the patient
12
Which surg patient are legally authorized to sign informed surgical consent based on medical practice acts and state law
premedicated competent adult
a foreign language speaker without an interpreter
adult in a persistent vegetative state
an emancipated 16-year-old minor
13
The best assurance of safe and individual professional behavior by the CST or CSFA is a well-developed, unyielding:
surgical conscience
core curriculum
scope of practice
liability insurance
14
Name of report sent to risk management to prevent harm to patients/staff and damage to hospital property?
informed consent
advance directive
Safe Medical Device Act
sentinel event
15
Errors in chart documentation should be erased to prevent confusion by subsequent caregivers.
True
False
16
Living will and durable power of attorney are examples of advance directives in health care.
True
False
17
Under the Borrowed Servant Rule, the surgeon is accountable for all actions of the operating room team in lawsuits.
False
True
18
Verification that educational programs meet minimum accreditation standards is done by:
NBSTSA
CAAHEP
HIPAA
AST
19
Which member of the surg team is ultimately responsible for obtaining a written informed surgical consent from a patient
surgical technologist
anesthesia provider
surgeon
circulating RN
20
In a common adage, what is the “best medicine” in health care?
prevention
conscience
documentation
judgment
21
The phrase “departure from the standard of care” BEST describes which of the following legal terms?
liability
malpractice
negligence
larceny
22
Which was identified in the late 1990s as causing more deaths in the US than car accidents AIDS and breast cancer
medical errors
terrorist attacks
equipment manufacturing flaws
H1N1 influenza
23
For which of the following processes are identification and reporting of unsafe conditions and hazards MOST critical?
unintentional torts
advance directives
risk management
informed consent
24
Which is NOT a form of individual professional credentialing that protects the public from unqualified health care provi
licensure
registration
accreditation
certification
25
Graduates of CAAHEP or ABHES programs are eligible to sit for the CST or CSFA examinations administered by:
CSPS
NBSTSA
AST
ARC/STSA
26
What term refers to the required knowledge skills of a profession, along with a healthcare provider's accountability
professional liability
scope of practice
recommended standards of practice
policies and procedures
27
A special consent form would be required for which of the following situations during a hospital admission?
surgical procedure
respiratory therapy
phlebotomy
chest x-ray
28
Which governmental agency has authority as outlined in the Safe Medical Device Act?
HIPAA
FDA
EPA
OSHA
29
A ST student who photograph a patient and post the image on the Internet could be sued for invasion of privacy and HIPAA
True
False
30
The broad objectives of the (HIPAA) include all of the following EXCEPT
eliminate medical errors
protect patient privacy
improve patient services
reduce health care fraud
31
Which terms meets the definition: a voluntary and informed act in which one party gives permission to touch
battery
time-out
consent
advance directive
32
Which of the following torts would be classified as unintentional?
defamation
foreign bodies left in patient
battery
invasion of patient privacy
33
Which of the following terms describes a civil wrong that may be intentional or unintentional?
liability
indictment
complaint
tort
34
What is establishing a neutral zone designed to do?
quarantine patients with airborne diseases
reduce cross-contamination in the OR suite
diffuse potential violence in high-stress situations
prevent sharps injuries during surgical procedures
35
Which form of consent is defined by the JC as agreement or permission accompanied by full notice about what is consented
implied
special
general
informed
36
Which doctrine would apply where the RN & CST failed to perform proper surgical count resulting in foreign body
doctrine of borrowed servant
doctrine of corporate negligence
primum non nocere
captain of the ship doctrine
37
The most common types of pt care errors committed by OR personnel including negligence & malpractice are categorized as
unintentional torts
corporate liability
standard of care
intentional torts
38
Which of the following legal terms is BEST described as “professional misconduct that results in harm to another”?
malpractice
allegation
negligence
liability
39
Which type of legal action is MOST likely in cases involving tort law and operating room personnel?
civil
statutory
criminal
federal
40
All of the following are components of the surgical patient’s medical record EXCEPT:
anesthesia record
interdepartmental communications
history and physical
surgeon’s preference card
41
What term describes a method of pretrial discovery in which a surgical team member might answer questions under oath
allegation
precedent
indictment
deposition
42
General consent is obtained by pts admitted to hospital and covers routine services/treatment but not surgery
True
False
43
Which terms describes the system of moral principles and rules that become standards of conduct for professionals
morals
precedents
ethics
doctrines
44
term relates to a pt wish regarding medical tx and selfdetermination in case of incapacity or inability to communicate
informed consent
sentinel event
advance directive
deposition
45
Which term represents principles like benevolence trustworthiness and honesty in caring for the well being of others
doctrines
precedents
ethics
morals
46
Which terms best describes the process of keeping thorough accurate and legal records of a pts medical care
consent
documentation
liability
accountability
47
In 2004, which of the following agencies created the “Do Not Use” abbreviation list?
American Medical Association (AMA)
the Joint Commission (JC)
Occupational Safety and Health Administration (OSHA)
Association of periOperative Registered Nurses (AORN)
48
Which of the legal doctrines would MOST likely apply in the case of a wrong site surgery or retained foreign body
aeger primo
res ipsa loquitur
primum non nocere
caveat emptor
49
Which of the following is an example of an intentional tort pertaining to surgical patient care?
A retained surgical sponge is discovered in subsequent procedure.
Restraints are used on a patient who threatens to leave.
A patient suffers a burn due to hot instruments.
A tissue specimen is misplaced by a transporter.
50
Which organization bring together surgeons with shared focus on patient and worker safety?
the Joint Commission (TJC)
Occupational Safety and Health Administration (OSHA)
Council on Surgical and Perioperative Safety (CSPS)
American National Standards Institute (ANSI)
