Introduction to the Operating Room
LESSON 2: Operating Room Personnel, Policies, and Nomenclature
2-23
2-23. LEGAL INTERPRETATION
a. General. The liability of the Federal Government under the Federal Tort Claims Act for medical malpractice is decided by application of the law of the state where the incident occurred. It is true that the law and court decisions vary from state to state, but the trend is to hold all medical care providers to a high standard of care. NOTE: You are expected to utilize your superior knowledge in performing your duties. You must always carry them out in a manner that meets the high standards of the Army Medical Department (AMEDD).
b. Welfare and Safety of the Patient. All instruction of AMEDD personnel concerning care of the patient emphasizes the welfare and safety of the patient. This is the principle around which nursing care is built. Safe care of the patient results in safety for those responsible for his care.
c. Malpractice. Negligence is the failure to exercise due care. Due care is further defined as the action that a reasonable and prudent person would perform under the same or similar circumstances. Due care takes into consideration the training, experience, education, and capabilities of each person. Negligence of professionals, such as medical professionals, is termed malpractice.
d. Prevention of Lawsuits. Most mistakes or accidents are preventable. Some are so slight that the patients are never aware of them; others can prove fatal. Even if a patient himself is at fault, those caring for him suffer great remorse. You should be cognizant of many hazards and know the safeguards.
