Tort Law equals

To avoid in future - to fix or avoid

What organization created the "Time Out"

WHO

An intentional tort requires proof of the willful action of the
following three elements

1. The defendant’s action was intended to interfere with the
plaintiff or plaintiff’s property.
2. The consequences of the
act were also intended.
3. The act was a substantial factor in
bringing about the consequences.

Who can witness an informed consent:

Physician
RN
CST
Other allied health employee

H&P

History & Physical

Examples of federal law

HIPPA

3 types of law

Common Law
Statutory Law
State Law

Common Law

Evolves and continue to evolves

Scope of Practice (to follow)

What is taught in the program can be performed)

Standard Precaution

Treat everyone like they have everything

Which type of law is classified by - statues, principles, and regulations

State Law

Negligence can be summed up by:

Omission or not doing

Malpractice can be summed up by:

On purpose misconduct

Applies only to that particular case

Case law

Any civil wrong independent of a contract

Tort law

Willful and violate the civil rights of a patient

Intentional Torts

Obligation to do or not do something

Liability

Professional misconduct that results in harm to another

Malpractice

Omission (Not doing) or doing something that a reasonable person
would do under the same condition - associated with the phrase
"departure from standard care"

Negligence

"above all, do no harm"

Primum non nocere

"The thing speaks for itself" harm obviously came from
itself from a given act of a sole defendant

Res ipsa loquitur

Assault and battery
Defamation
False imprisonment

Intentional infliction of emotional distress
Invasion of privacy

Examples of Intentional Torts

Patient misidentification
Performing an incorrect procedure

Foreign bodies left in patients and patient burns
Falls or
positioning errors resulting in patient injury
Improper
handling, identification, or loss of specimens

Examples of Unintentional Torts

Who gives the patient this definition "A person who receives
health services from a health care provider and who gives consent for
the provider to provide those services"

The Joint Commission (informed consent)

"A person who receives health services from a health care
provider and who gives consent for the provider to provide those services"

Consent for surgery - A basic right

Direct verbal or written statement granting permission for treatment

Expressed consent

Circumstances exist that would lead a reasonable health care provider
to believe that the person, or patient has given consent, even though
no direct verbal expression has been received - action of silence -
like there is no DNR present so the surgeon will try to resuscitate

Implied consent

Categories of consent

General and special

Consent for treatment in its broadest form

General consent

Consent given for higher than normal risk - surgical procedures

Special consent

Who has the final responsibility for securing written informed
surgical consent

The surgeon

Information must be understandable
There can be no coercion or
intimidation
Proposed surgical procedure or treatment must be
explained
Potential complications must be explained

Potential risks and benefits must be explained
Alternative
therapies and their risks and benefits must be explained

Characteristics of informed consent

What is never the preferred consent option

Implied consent

What may the surgeon be liable for unless it can be proved that good
judgment was used when unexpected conditions were encountered and
surgery was performed with implied concent

Battery

Expresses a patient’s wishes about the kinds and amount of medical
treatment that will be provided
Examples: living will and
durable power of attorney

Advance Directives

Emphasized collaboration between patients, physicians, and hospitals
is essential

Patient's Bill of Rights

The general rights and responsibilities of health care legislation
are reflected in the:

Patient Care Partnership formerly Bill of Rights

To perform surgery without consent is to be liable for the charge of:

Battery

Replaced Patient’s Bill of Rights
Contains plainer language

Patient Care Partnership

Developed for prevention, monitoring, and control of areas of
potential liability - enhance safety

Risk Management

Technology: best weapon
Examples: bar-coded medications,
identification strips, handheld wireless devices, and computer drug
order-entry systems

Prevention of medical errors

Requires medical device users to report incidents that suggest
probability of adverse reactions

The Safe Medical Device Act 1990 (FDA)

What can help reduce the risk of contamination of blood-borne
pathogens from sharps and percutaneous injuries

Establishing a neutral zone

Risk management Factors

Detection, Evaluation, Prevention

Established in 2003 to protect patients medical records and other
health related information

Health Insurance Portability and Accountability Act (HIPAA)

What is good for the individual and for society
Establishes the
nature of duties that people owe themselves and one another

System of moral principles and rules

Definition of Ethics

Dictates codes of conduct
Guide to behavior

Definition or Morality

Guides for ethical decision making benevolence, trustworthiness, and
honesty, concern, respect, refusal to take unfair advantage etc are
the foundation of what?

Moral Principles

What makes a “right act” right?
To whom is moral duty owed?

What “kinds” of acts are right? are the elements of what?

Ethical Decision Making

All personal religious & cultural beliefs need to be checked at
the door in order to make an unbiased:

Ethical decision

What provides Surgical Technologists guidelines on how to behave
morally and ethically?

1985 AST Code of Ethics

Formal process by which qualified individuals are listed in a registry

Registration

Recognition by an appropriate body that an individual has met a
predetermined standard

Certification

Legal right granted by a government agency in compliance with statue
that authorizes and oversees the activities of a profession

Licensure (Nursing)

Contributes to protection of the public by assessing educational programs

Accreditation

Surgical Technology Programs are accredited by

CAAHEP

Examining board for surgical Technologists

NBSTSA

Method of pretrial discovery in which questions are answered under oath

Deposition

Even though this is not a part of the medical record, what
contributes to part of the medical record?

Surgeon's preference card

What kind of report constitute much of the information used by the
hospital in risk management

Sentinel event (or incident report)

Professional duty limits based on state and federal law and on an
individual’s education and experience

Scope of Practice

Health institution may be found negligent for failing to ensure that
an acceptable level of patient care was provided. Screen staff/monitor performance

Doctrine of Corporate Negligence

The system of law concerned with private relations between members of
a community rather than criminal, military, or religious affairs

Civil Law

Voluntary statement of facts sworn before an authority to be true

Affidavit