Outpatient Surgery Magazine - Subscribers

Snuffing Out Surgical Smoke - Outpatient Surgery Magazine - December 2019

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

Issue link: http://magazine.outpatientsurgery.net/i/1191268

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D E C E M B E R 2 0 1 9 • O U T PA T I E N T S U R G E R Y. N E T • 2 1 F irst the bad news: There's no way to elim- inate the risk of a law- suit. As long as you are practicing, the risk exists. The good news: You can manage risk and limit liability. We're going to show you how to do just that by touching on the 2 major areas in which surgical professionals most frequently get sued: negligence and battery. Let's look at the requirements for proving you committed either of these offenses and how you can minimize your exposure to legal trouble in the first place. Is this negligence? You flash-sterilize an instrument during a case. It's still hot when you hand it to the surgeon, who uses it and gives the patient third-degree burns. Would you be liable for negligence or did you meet the stan- dard of care? Negligence is a failure to use reasonable care, resulting in damage or injury to the patient. It hinges on the expectation that healthcare professionals will meet a certain standard of care, which isn't as lofty as you might think. You simply need to show you acted reasonably, in In the OR, You're Most Likely to Be Sued for ... Surgical pros must most often defend negligence and battery lawsuits. Medical Malpractice William Duffy, RN, MJ, MSN, CNOR, FAAN • TOO HOT TO HANDLE Can handing a surgeon a just-flashed instrument consti- tute negligence, which legally is the failure to use reasonable care? You'd need to show you acted as other providers would in a similar situation.

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