Certified Surgical Technologist (CST) Practice Exam

What legal principle applies when a patient is administered the wrong dose of local anesthetic?

1. Res ipsa loquitor

2. Respondeat superior

3. Bona Fide

4. Assault

The correct answer is: Res ipsa loquitor

The principle of res ipsa loquitor applies in this scenario, as it pertains to situations where the nature of the incident is such that it implies negligence without needing direct evidence of an individual's actions. In cases involving the administration of the wrong dose of local anesthetic, the error itself often points to a failure in duty of care that can be readily understood: the standard expectation is that healthcare providers administer medications safely and in appropriate doses. Therefore, the unusualness of the incident — giving a patient the incorrect dosage — speaks for itself, indicating that something went terribly wrong, likely due to negligence. This principle does not require proof that an individual or specific party acted negligently; rather, it allows the situation's circumstances to imply that negligence likely occurred. Respondeat superior, while relating to employer liability for employees' actions, typically requires a demonstration of fault on the part of the employee or agent. Similarly, bona fide is more about the sincerity of actions in a transaction, and assault refers to intentionally causing fear of harmful or offensive contact rather than errors in medical treatment. Thus, res ipsa loquitor is most applicable in this context, focusing on the inferred negligence inherent in the action of administering the wrong dosage.