Professionalism, Ethics & Legal Considerations Flashcards

Which type of consent is implied when an unconscious trauma patient arrives in the OR requiring emergency surgery?

Answer: Implied consent

Implied consent applies in emergencies when a patient is incapacitated and unable to give express consent, legally presuming a reasonable person would consent to life-saving treatment.

A first assistant working as an independent contractor is generally considered to have which type of liability relationship compared to an employed first assistant?

Answer: Greater personal liability because respondeat superior may not apply

Independent contractors typically cannot rely on respondeat superior to shift liability to a hospital or employer, placing greater individual financial exposure on the contractor.

Which action by a first assistant would constitute a HIPAA violation?

Answer: Sharing identifiable patient images on a personal social media account

Posting identifiable patient information, including photos, on social media without explicit written authorization violates HIPAA's Privacy and Security Rules.

The ethical principle of non-maleficence is BEST illustrated by which first assistant action?

Answer: Refusing to assist in a procedure known to offer no benefit and likely to harm the patient

Non-maleficence ('do no harm') requires practitioners to avoid actions whose risks outweigh potential benefits; declining futile or harmful procedures upholds this obligation.

Under EMTALA, a hospital's obligation to provide emergency surgical care regardless of a patient's ability to pay is primarily a principle of which ethical domain?

Answer: Justice

EMTALA's anti-dumping mandate reflects the justice principle by ensuring equitable access to emergency care regardless of insurance status or financial means.

Which documentation practice best protects a first assistant from legal liability in the event of a surgical complication?

Answer: Recording objective, factual, and timely entries that reflect actual events and interventions

Objective, accurate, and timely documentation creates a contemporaneous legal record that demonstrates the standard of care was met during the procedure.

A first assistant is asked to provide expert witness testimony about surgical first assisting practices. Their testimony should be based on:

Answer: Current evidence-based standards and established scope of practice guidelines

Expert witnesses must base testimony on current, objective, evidence-based standards of practice rather than personal bias, institutional policy, or direction from counsel.