AST Surgical Technologist Practice Exam

Which legal principle applies when a patient is given the wrong dose of local anesthetic?

1. Res ipsa loquitor

2. Mens rea

3. Negligence

4. Battery

The correct answer is: Res ipsa loquitor

The legal principle that applies when a patient is given the wrong dose of local anesthetic involves negligence. This principle is significant in the medical field, where healthcare providers are expected to practice a standard of care that prevents harm to patients. Negligence occurs when a healthcare professional fails to act in accordance with that standard of care, resulting in injury or harm. In the case of administering the wrong dose of local anesthetic, the surgical technologist or surgeon may not have followed proper protocols, checks, or guidelines to ensure the correct dosage was given. This lack of due diligence can be considered negligence because it constitutes a breach of the expected professional duty to ensure patient safety. Res ipsa loquitor refers to situations where the negligence is presumed through the very nature of the accident, typically implying that the event would not have occurred without negligence. However, in cases of medication errors, clear evidence and specific actions or omissions leading to the mistake generally need to be established, which leans more towards a negligence claim. Mens rea is focused on the mental state or intent of a person committing a crime and does not pertain to the unintentional harm caused by medical errors. Battery involves intentional infliction of harmful or offensive contact, which is not applicable here as