COST Medical Ethics and Law 2

Question 1

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

Accepted Answer

Duty, breach of duty, causation, damages

Answer

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

Question 2

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?

Accepted Answer

Res ipsa loquitur

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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

Accepted Answer

Battery

Answer

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

Question 5

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

Accepted Answer

The surgeon performing the procedure

Answer

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

COST - Certified Ophthalmic Surgical Technologist Practice Test

COST - Certified Ophthalmic Surgical Technologist Practice Test

COST Medical Ethics and Law 2