Medical Ethics and Law Flashcards

Which four elements must a patient prove to win a negligence (malpractice) claim?

Answer: Duty, breach of duty, causation, damages

Malpractice requires a duty owed, a breach of the standard of care, causation linking the breach to the injury, and actual damages.

A retained surgical sponge is discovered after a cataract-and-vitrectomy case, and the patient sues without needing to explain exactly how it happened. Which legal doctrine applies?

Answer: Res ipsa loquitur

Res ipsa loquitur ('the thing speaks for itself') applies when the injury could not occur without negligence and the instrument was under the defendant's control.

Under respondeat superior, who is generally held liable for a surgical technologist's negligent act performed within the scope of employment?

Answer: The employer (e.g., the hospital or surgery center)

Respondeat superior ('let the master answer') makes employers vicariously liable for employees' acts within the scope of their job.

A technologist touches a patient's eye area without consent after the patient clearly refused the procedure. This act is best classified as:

Answer: Battery

Battery is unauthorized, intentional physical contact, while assault is only the threat or fear of contact.

Who is responsible for explaining the risks, benefits, and alternatives of an ophthalmic procedure when obtaining informed consent?

Answer: The surgeon performing the procedure

Informed consent is the surgeon's duty because only the physician can fully explain the procedure, its risks, and alternatives.

When a surgical technologist signs a consent form as a witness, the signature confirms that:

Answer: The patient's identity was verified and the patient signed the form voluntarily

A witness attests only that the correct patient signed voluntarily, not to the content or understanding of the disclosure.

Which ethical principle is most directly honored when a patient's informed refusal of a corneal transplant is respected?

Answer: Autonomy

Autonomy is the patient's right to make decisions about their own body, including refusing treatment.