2: Medical Legal Flashcards
Law based on the U.S. Constitution.
Constitutional Law
Law that is derived from societies acceptance of customs and norms over time. Also called case law or judge-made law.
Common Law
Law created by law making bodies such as congress and state assemblies. Also called statutory law.
Legislative Law
Law that is enacted by governmental agencies at either the federal or state level.
Administrative Law
Division of the legal system that deals with wrings committed against society or its members.
Criminal Law
THe division of the legal system that deals with non criminal issues and conflicts between two or more parties.
Civil Law
A civil wrong committed by one individual against another.
Tort
Range of duties and skills paramedics are allowed and expected to perform.
Scope of Practice
Laws that provide immunity to certain people who assist at the scene of a medical emergency.
Good Samaritan Laws
Deviation form accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm.
Negligence
A formal contractual or informal legal obligation to provide care.
Duty to Act
An action or inaction that violates the standard of care expected from a paramedic.
Breach of Duty
A breach of duty by performance of a WRONGFUL or UNLAWFUL act.
Malfeasance
A breach of duty by performance of a LEGAL act in a manner that is harmful or injurious.
Misfeasance
A breach of duty by FAILURE to perform a required act or duty.
Nonfeasance
1) Duty to act
2) Breach of that duty
3) Proximate Cause of damage
4) Actual damages.
Four parts of NEGLIGENCE
An intentional false communication that injures another person’s reputation or good name.
Defamation
The act of injuring a person’s character, name, or reputation by false statements made in WRITING.
Libel
Act of injuring a person’s character, name, or reputation by false or malicious statements SPOKEN with malicious intent or reckless disregard for the falsity of those statements.
Slander
Consent for treatment that is given based on full disclosure of information.
Informed Consent
VERBAL, NONVERBAL or WRITTEN communication by a patient that he wishes to receive medical care.
Expressed consent.
Consent for treatment that is presumed for a patient who is mentally, physically, or emotionally unable to grant consent. Also called emergency doctrine.
Implied consent
Consent to treatment granted by the authority of a court order.
Involuntary Consent
A person under 18 years of age who is married, pregnant, a parent, a member of the armed forces, or financially independent and living away from home.
Emancipated Minor
Termination of the paramedic patient relationship without assurance that an equal or greater level of care will continue.
Abandonment
An act that unlawfully places a person in APPREHENSION of immediate bodily harm without his consent.
Assault
The unlawful TOUCHING of another individual without his consent.
Battery
Intentional an unjustifiable DETENTION of a person without his consent or other legal authority.
False Imprisonment
The minimal amount of force necessary to ensure that an unruly or violent person does not cause injury to himself or others.
Reasonable Force.
A document created to ensure that certain treatment choices are honored when a patient is unconscious or otherwise unable to express his choice of treatment.
Advance Directives
