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Professional and Legal

Responsibilities in CS

Centennial College
Sterile Supply Processing Program
CPD Staff Responsibilities
Ethical Behaviour
Moral Behaviour
Standard of Care
Quality Improvement
Communication
CS - Hospital Relations
Professional, Moral and Legal
Responsibilities
Health Care System Challenges

Central Supply Challenges

Many Infectious Diseases

Complexity of Instruments

Legal Trends
Codes of Behaviour:
Ethical, Moral, Legal

Must all be fulfilled by departmental


policies.
Remember the patient is at the
end of our services.
Ethical Behaviour:
Access to patient information: privacy
Duties performed properly: standards of
practice
Misuse of supplies
Professional image
Theft
Gossip
Respect and Teamwork
Moral Behaviour:

Principles of what is
conscientiously right and wrong

Staff must honour the trust


of Patients and Staff

Accept responsibilities
Health Care System Challenges:
Aging Population

Advanced Technology

Cost of Healthcare Increasing

Increased Health Care awareness by


public
Central Supply Challenges:

Emerging and re-emerging infectious diseases

Complexity of Instrumentation

Many Standards

Increase in legal action in Health Care


Infectious Diseases

Emerging Diseases (CJD, SARS)

Re-emerging and Existing diseases


(TB, HIV/AIDS)

High prevalence of nosocomial infections

Impact: How to reprocess instruments safely


Complexity of Instrumentation:
Volume: 100, 000 product types

Complexity: 1, 700 product categories

Removable parts

Re-use of Single Use Devices


Standards and Guidelines
Many Standards, Guidelines and
Recommendations exist in CS

AAMI, ANSI, CSA, APIC, AORN, CHA

Large volume of standards exist:


Sterilization (EtO, steam, flash), disinfectants,
decontamination, waste handling, containers, labeling,
packaging, transport, single use, etc

Accreditation Standards
Legal Behaviour:
Legal limitations

Staff responsible for actions

Perform duties as trained/written in policies

Negligence is grounds for legal action. Can


result in patient infection, suffering, loss of life,
lawsuits.
Law: Collection of beliefs
recognized and applied in the
administration of justice.
Purpose:
Establish and maintain order
Protect rights
Control those who refuse to follow principles
Ensure fair treatment to those who disregard
principles
Common Law: Rulings and decisions
of various courts of justice

Statute Law: Laws that are passed by


an act of Parliament. Federal, provincial
or municipal
a) Criminal Law: crimes against
welfare of public.
a) Civil Law: Duties/obligations
between groups of individuals
Legal Action
Trend in litigation in Health Care Field

Legal Arguments:
1. Due Diligence

2. Vicarious Liability

3. Negligence

4. Standard of Care
1. Due Diligence:
Definition:

The hospital/health care facility must take


every reasonable care to ensure that
every precaution has been taken to
monitor and maintain an acceptable
level of medical care quality.
Torts: A legal wrong committed
by one person against the
person/property of another.
(eg. Negligence)

Liability: Legal duty that was failed to


carry out causing suffered injury to
plaintiff as a result of negligence.
2. Types of Liability:
a) Vicarious Liability: employer (hospital) is
indirectly liable for the conduct of its
employees (hospital staff)

b) Corporate Liability: injury/faulty


equipment with no individual involved.

Hospitals have Liability insurance. Premiums are


high as lawsuits increase. Hospital must
manage their Risk.
3. Negligence:
Definition:
Patient care which is below a minimum level
of acceptable or standard of care and
which results in harm to patient

Harm can result from infections and health


and safety issues that can lead to
extended hospitalization, disability or
death.
4. Standard of Care:
Definition:
Hospitals have duty of care to take
reasonable care to prove and maintain
proper equipment

Who has duty of care to patient:


1. Manufacturer
2. Hospital
3. Physician/Surgeon
4. Staff
Risk Management: A system to
assess, minimize and control and
prevent Risk.

Risk Management is related to Quality


Improvement.

Assess risks, identify problems before


they occur and minimize the risks.
Types of Risks:
1. Patient Related

2. Custodial

3. Financial

4. Personnel
How is Risk Minimized..?
CPD staff are Accountable for their work.
Receive Training, review policies.
Report to supervisors and manager
Policies and Procedures: Should be available
for staff to refer to. Kept in a convenient place.
Tools for training.
Hospital Policies: Administration establishes
policies on all matters affecting employees.
Departmental Rules and Regulations:
Examplework flow to prevent cross-
contamination.
Information Sources:
Policies: General guidelines for
action

Procedures: Specific steps for


performing a task.

Equipment manuals: Follow


manufacturers recommendations for
safe and prolonged useful life of
equipment.
Implications:
Many Challenges face field of CS:
Greater chance of patients getting sick
Greater likelihood of making mistakes
(complexity and volume of cases)
Many standards/guidelines which elevate
the standard of care owed by CS to
patients
Legal action is possible (as long as
standards of care exist)

Need for Quality Improvement

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