3 Medicolegal Aspects of Surgical Technology
CHAPTER LESSON PLANS & OBJECTIVES
Lesson 3.1: Introduction to Law and Standards of Practice
- 1. Differentiate among law, standards of practice, and codes of conduct
- 2. Define risk management
- 3. Explain the difference between licensure, certification, and registration
- 4. Identify and discuss abuse and violence in the perioperative environment
- 5. Define sentinel event
- 6. Identify common areas of negligence in perioperative practice
Lesson 3.2: Documentation and Ethical Issues in the Perioperative Setting
- 7. Discuss the importance of documentation in the perioperative setting
- 8. Explain informed consent
- 9. Discuss adverse events in the perioperative environment
- 10. Discuss different examples of negligence that occur in the perioperative environment
- 11. Describe what a legal document is
- 12. Differentiate between a law and a standard
- 13. Discuss the reasons why sexual harassment, bullying, and extreme forms of verbal abuse exist in the perioperative environment
- 14. Define and give examples of advance care directives
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Classroom Preparation
Lesson 3.1: Introduction to Law and Standards of Practice
INSTRUCTOR PREPARATION
Textbook Objectives Covered
- 1. Differentiate among law, standards of practice, and codes of conduct
- 2. Define risk management
- 3. Explain the difference between licensure, certification, and registration
- 4. Identify and discuss abuse and violence in the perioperative environment
- 5. Define sentinel event
- 6. Identify common areas of negligence in perioperative practice
National Standards Covered
- • See the Fuller 8e/AST Core Curriculum Mapping Guide on Evolve instructor resources.
Classroom Preparation
Lesson 3.1: Introduction to Law and Standards of Practice
STUDENT PREPARATION (1 hr)
| 1 | READ – Chapter Heading(s) • Introduction • Types of Law Federal Law State Law Administrative Law and Regulations Civil Law Criminal Law Common Law ANSWER – Textbook • Case Study 4 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 2 | READ – Chapter Heading(s) • Risk Management ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 3 | READ – Chapter Heading(s) • The Right to Practice Certification Licensure Registration ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 4 | READ – Chapter Heading(s) • Abuse and Disruptive Behavior in the Operating Room Defining the Behaviors Bullying Sexual Harassment Disruptive Behavior The Effects of Workplace Abuse Prevention ANSWER – Textbook • Review Question 3 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 5 | READ – Chapter Heading(s) • Incidents in the Health Care Setting Sentinel Events ANSWER – Textbook • Case Study 3 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 6 | READ – Chapter Heading(s) • Common Acts of Negligence in the Perioperative Setting Unintended Retained Foreign Objects Burns Falls Incorrect Patient Positioning Operating on the Wrong Patient or Wrong Site Incorrect Identification or Loss of a Specimen Medication Errors Abandonment Failure to Communicate and Miscommunication Loss of or Damage to the Patient’s Property Negligent Delegation ANSWER – Textbook • Review Questions 1, 2 • Case Study 6 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
50-Minute Lesson Plan
Lesson 3.1: Introduction to Law and Standards of Practice
LECTURE OUTLINE (50 min)
| POWERPOINT SLIDES | CHAPTER HEADING(S) | |
| 1 | TYPES OF LAW: SLIDE 4 | • Introduction • Types of Law Federal Law State Law Administrative Law and Regulations Civil Law Criminal Law Common Law |
| 2 | RISK MANAGEMENT: SLIDE 5 | • Risk Management |
| 3 | RIGHT TO PRACTICE: SLIDE 6 | • The Right to Practice Certification Licensure Registration |
| 4 | ABUSE AND DISRUPTIVE BEHAVIOR: SLIDE 7 | • Abuse and Disruptive Behavior in the Operating Room Defining the Behaviors Bullying Sexual Harassment Disruptive Behavior The Effects of Workplace Abuse Prevention |
| 5 | SENTINEL EVENTS: SLIDE 8 | • Incidents in the Health Care Setting Sentinel Events |
| 6 | COMMON AREAS OF NEGLIGENCE: SLIDE 9 | • Common Acts of Negligence in the Perioperative Setting Unintended Retained Foreign Objects Burns Falls Incorrect Patient Positioning Operating on the Wrong Patient or Wrong Site Incorrect Identification or Loss of a Specimen Medication Errors Abandonment Failure to Communicate and Miscommunication Loss of or Damage to the Patient’s Property Negligent Delegation Important to Know |
Learning Activities (choose one or more to equal 50 min)
| 1 | ROLE PLAY (50 min) • Students should research a court case involving a surgical procedure. They will use this information in class to complete a mock court role play activity. You should assign particular cases for the students to research or create some so that the in-class activity is more tailored and varied among student groups. Divide the class into the “defense and prosecution.” Give the students a surgical procedure that has resulted in a lawsuit and have them research the case and hold court. The defense and prosecution should have expert witnesses, surgeon, nurse, and certified surgical technologist. The teams must have a lawyer to represent the defendant and the patient. Appropriate Settings: Traditional classroom |
| 2 | INVITE (50 min) • Invite a hospital risk manager to discuss how his or her job entails proactively working to prevent situations that can result in losses or liability. Ask him or her to describe how students can contribute to lessen risk for the organization. • Appropriate Settings: Traditional/online/flipped classroom |
| 3 | DISCUSS (15 min) • Discuss with the class the differences among and importance of licensure, certification, and registration. Appropriate Settings: Traditional/online/flipped classroom |
| 4 | RESEARCH (50 min) • Have the students research workplace abuse, violence, and disruptive behavior using websites of organizations such as the Joint Commission, American College of Surgeons, American Medical Association, American Nurses Association, and Association of PeriOperative Nurses. Have a class discussion about these organizations’ recommendations and codes of conduct. Appropriate Settings: Traditional/online/flipped classroom |
| 5 | RESEARCH (50 min) • Students should be broken into small groups to research a surgical procedure and prepare a PowerPoint presentation that outlines the steps of how to prevent a sentinel event. They will use this information to complete an in-class activity. You may wish to assign or develop particular procedures for the groups to research so that the in-class activity is more tailored and varied among student groups. Appropriate Settings: Traditional/online/flipped classroom |
| 6 | ROLE PLAY (50 min) Students should research the topic of negligence. They will use this information in class to complete a role play activity. You may wish to assign particular scenarios for the students to research or develop so that the role play activity is more tailored and varied among student groups. Divide the students into two groups and give them an example of negligence, then have the students role play how negligence can happen and how they can prevent it. Appropriate Settings: Traditional classroom |
Critical Thinking Question
Law is a rule or set of rules that governments make to regulate people’s behavior. Laws enable society to be cohesive, ordered, and peaceful. So as a surgical technologist, how important is the law in our profession? What types of law can we be held accountable for?
Discussion Guidelines: Laws protect individuals from harm. Whether a person agrees with the law or not, there is a consequence for violating it. This may be a fine, imprisonment, or other types of punitive action. Health professionals are particularly guided by certain kinds of administrative and state law.
Delegation is the transfer of responsibility for a task from one person to another. Surgical technologists are routinely delegated tasks by the surgeon. What are the conditions of delegation and how should surgical technologists deal with delegation requests outside their scope of practice?
Discussion Guidelines: Students should list the following conditions of delegation. The person to whom a task is delegated must 1) be legally permitted to perform the task; 2) have received the proper training to perform the task safely, without harm to the patient; and 3) be competent to perform the task. If a surgical technologist is willing to accept responsibility for his or her actions and feels comfortable carrying out the task, then he or she can proceed. Otherwise, the surgical technologist should not agree to perform the task.
Classroom Preparation
Lesson 3.2: Documentation and Ethical Issues in the Perioperative Setting
INSTRUCTOR PREPARATION
Textbook Objectives Covered
- 7. Discuss the importance of documentation in the perioperative setting
- 8. Explain informed consent
- 9. Discuss adverse events in the perioperative environment
- 10. Discuss different examples of negligence that occur in the perioperative environment
- 11. Describe what a legal document is
- 12. Differentiate between a law and a standard
- 13. Discuss the reasons why sexual harassment, bullying, and extreme forms of verbal abuse exist in the perioperative environment
- 14. Define and give examples of advance care directives
National Standards Covered
- • See the Fuller 8e/AST Core Curriculum Mapping Guide on Evolve instructor resources.
Classroom Preparation
Lesson 3.2: Documentation and Ethical Issues in the Perioperative Setting
STUDENT PREPARATION (1 hr)
| 7 | READ – Chapter Heading(s) • Medical Records and Documents Patient Medical Record Informed Consent Intraoperative Record Anesthesia Record Patient Charges Birth and Death Certificates Specimen and Pathology Records Advance Health Care Directive ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 8 | READ – Chapter Heading(s) • Medical Records and Documents Informed Consent ANSWER – Textbook • Review Question 7 • Case Study 2 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 9 | READ – Chapter Heading(s) • Incidents in the Health Care Setting How to Report an Incident How to Write an Incident Report Whistle Blowing ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 10 | READ – Chapter Heading(s) Types of Law Civil Law Liability Insurance ANSWER – Textbook Review Questions 4, 6 Case Study 1 ANSWER – Workbook Chapter 3 PREPARE – Evolve Student Resources Mock Certification Exam Review Questions |
| 11 | READ – Chapter Heading(s) • Legal Documents Health Insurance Portability and Privacy Act (HIPPA) Guidelines for Documentation ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 12 | READ – Chapter Heading(s) • Facility Standards and Policies • Standards of Practice, Position Statements, and Codes of Conduct Standards of Practice Position Statement Code of Conduct • Civil Lawsuits • Patients’ Rights ANSWER – Textbook • Review Question 5 • Case Study 5 ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 13 | READ – Chapter Heading(s) • Abuse and Disruptive Behavior in the Operating Room Defining the Behaviors ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
| 14 | READ – Chapter Heading(s) • Medical Records and Documents Advance Health Care Directive ANSWER – Workbook • Chapter 3 PREPARE – Evolve Student Resources • Mock Certification Exam • Review Questions |
50-Minute Lesson Plan
Lesson 3.2: Documentation and Ethical Issues in the Perioperative Setting
LECTURE OUTLINE (50 min)
| POWERPOINT SLIDES | CHAPTER HEADING(S) | |
| 7 | DOCUMENTATION: SLIDES 11-12 | • Medical Records and Documents Patient Medical Record Informed Consent Intraoperative Record Anesthesia Record Patient Charges Birth and Death Certificates Specimen and Pathology Records Advance Health Care Directive |
| 8 | INFORMED CONSENT: SLIDE 13 | • Medical Records and Documents Informed Consent |
| 9 | INCIDENT REPORTING: SLIDES 14-15 | • Incidents in the Health Care Setting How to Report an Incident How to Write an Incident Report Whistle Blowing |
| 10 | NEGLIGENCE: SLIDES 16-17 | Types of Law Civil Law Liability Insurance |
| 11 | LEGAL DOCUMENTS: SLIDES 18-19 | • Legal Documents Health Portability and Privacy Act Guidelines for Documentation |
| 12 | LAW VS. STANDARDS: SLIDES 20-23 | • Facility Standards and Policies • Standards of Practice, Position Statements, and Codes of Conduct Standards of Practice Position Statement Code of Conduct • Civil Lawsuits • Patients’ Rights |
| 13 | ABUSE: SLIDE 23 | • Abuse and Disruptive Behavior in the Operating Room Defining the Behaviors |
| 14 | ADVANCE DIRECTIVES: SLIDE 24 | • Medical Records and Documents Advance Health Care Directive |
Learning Activities (choose one or more to equal 50 min)
| 7 | RESEARCH (50 min) • Have the students research the different types of perioperative documentation, and prepare a PowerPoint presentation about the legal aspect of documentation. Appropriate Settings: Traditional/online/flipped classroom |
| 8 | DISCUSS (30 min) • Discuss with the class the importance of informed consent and show the example of what an informed consent looks like and what is on the document. • Appropriate Settings: Traditional/online/flipped classroom |
| 9 | REVIEW (30 min) • Students should review and prepare talking points on the type of situations that warrant an incident report. They will use in this in class as part of a small-group activity. • Appropriate Settings: Traditional/online/flipped classroom |
| 10 | ROLE PLAY (50 min) • Students should research the topic of negligence. They will use this information in class to complete a role play activity. You may wish to assign particular scenarios for the students to research or develop so that the role play activity is more tailored and varied among student groups. Divide the students into two groups and give them an example of negligence, then have the students role play how negligence can happen and how they can prevent it. • Appropriate Settings: Traditional classroom |
| 11 | RESEARCH (50 min) • Students should research different types of legal documents and prepare notes. Discuss situations for which each type of document would be required. • Appropriate Settings: Traditional/online/flipped classroom |
| 12 | ROLE PLAY (50 min) • Students should research a court case involving a surgical procedure. They will use this information in class to complete a mock court role play activity. You should assign particular cases for the students to research or create some so that the in-class activity is more tailored and varied among student groups. Divide the class into the “defense and prosecution.” Give the students a surgical procedure that has resulted in a lawsuit and have them research the case and hold court. The defense and prosecution should have expert witnesses, surgeon, nurse, and certified surgical technologist. The teams must have a lawyer to represent the defendant and the patient. • Appropriate Settings: Traditional classroom |
| 13 | ROLE PLAY (50 min) • Break the students up into teams, have one team member play an abuser committing sexual harassment, bullying, or an extreme form of verbal abuse. See if the students can recognize what type of abuse it is. • Appropriate Settings: Traditional classroom |
| 14 | DISCUSS (30 min) • Discuss with the class the different types of advance directives. • Appropriate Settings: Traditional/online/flipped classroom |
Critical Thinking Question
Many patients are being admitted to the hospital without any advance care directives. Define advance directive, and as a potential patient, discuss why you think it is important to have an advance directive. As a family member, discuss the advantages and disadvantages of the advance directive.
Discussion Guidelines: An advance directive is a document in which a patient gives instructions about his or her medical care in the event the individual cannot speak for him- or herself because of incapacity. An example of a potential patient’s response might be, “I think it is extremely important to have an advance directive because it lets my family members know what my wishes are about the medical treatment I want or do not want. It helps avoid my family having to make a difficult decision or one that does not reflect my wishes.”
Assessments
Chapter 3: Medicolegal Aspects of Surgical Technology
ASSESSMENTS BY OBJECTIVE
| 1-14 | Workbook • Chapter 3 Evolve Instructor Resources • Test Bank Create a quiz using ExamView; sort by objective. Evolve Student Resources • Mock Certification Exam • Review Questions |
| All | Elsevier Adaptive Quizzing • Chapter 3 – Graded quizzes (Mastery Levels 1, 2, and 3) |
