C4 - Medical, Legal, Ethical Issues: Key Terms

Question 1

Abandonment

Answer 1

Termination of medical care for the patient without giving the patient sufficient opportunity to find another suitable health care professional to take over his or her medical treatment.

Question 2

Advance Directive

Answer 2

A written document or oral statement that expresses the wants, needs, and desires of a patient in reference to future medical care; examples include living wills, do not resucitate orders, and organ donation orders.

Question 3

Assault

Answer 3

To create in another person a fear of immediate bodily harm or invasion of bodily security (including loss of freedom).

Question 4

Battery

Answer 4

The unlawful physical acting upon a threat - the use of force against another, resulting in harmful, offensive, or sexual contact.

Question 5

Borrowed Servant Doctrine

Answer 5

A principle which absolves an institution of liability when one of its members acts beyond his or her scope of certification or training by following someone else’s orders.

Question 6

Civil Lawsuit

Answer 6

An action instituted by a person or entity against another person or entity.

Question 7

Common Law

Answer 7

A decision that has been made by a judge through a court case based on his or her intepretation of the statues and constitutions; can be overturned either by another court with a higher authority or the issuing court at a later time; also called case law.

Question 8

Consent

Answer 8

Agreement by the patient to accept a medical intervention.

Question 9

Contributory Negligence

Answer 9

Act(s) committed by plaintiff that contributes to adverse outcomes.

Question 10

Criminal Prosecution

Answer 10

An action instituted by the government against a person for violation of criminal law.

Question 11

Damages

Answer 11

Compensation for injury awarded by a court.

Question 12

Decision-making Capacity

Answer 12

The patient’s ability to understand and process the information given to him or her and the proposed treatment plan.

Question 13

Defamation

Answer 13

Intentionally making a false statement, through a written or verbal communication, which injures a person’s good name or reputation.

Question 14

Defendent

Answer 14

In a civil lawsuit, the person against whom a legal action is brought.

Question 15

Do Not Resuscitate (DNR) Order

Answer 15

A type of advance directive that describes which life-sustaining procedures should be performed in the event of a sudden deterioration in a patient’s medical condition.

Question 16

Due Process

Answer 16

A right to fair procedure for a legal action against a person or agency; has two components: Notice and Opportunity to be Heard.

Question 17

Duty

Answer 17

Legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction.

Question 18

Emancipated Minor

Answer 18

A person who is under the legal age (generally 18 years) in a given state, but is legally considered an adult because of other circumstances.

Question 19

Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer 19

A federal law enacted in 1986 to combat the practice of patient dumping (hospitals refusing to admit seriously ill patients or women in labor who could not pay, forcing emergency medical services providers to dump the patients at another hospital). Issues are regulated by the Centers for Medicare and MEdicaid Services ad the law carries severe monetary penalties-up to and including loss of Medicare funding-for hospitals and physicians that fail to comply.

Question 20

Ethics

Answer 20

A set of values in society that differentiates right from wrong.

Question 21

Expressed Consent

Answer 21

A type of informed consent that occurs when the patient does something, either through words (verbal or written) or by taking some sort of action, that demonstrates permission to provide emergency medical care.

Question 22

False Imprisonment

Answer 22

Intentionally or unjustifiably detaining a person against his or her will. Some examples include transporting a patient without his or her consent, or using restraints in a wrongful manner.

Question 23

Good Samaritan Law

Answer 23

A statue providing limited immunity from liability to people responding voluntarily and in good faith to the aid of an injured person outside the hospital.

Question 24

Gross Negligence

Answer 24

Negligence that is willful, wanton, intentional, or reckless; a serious departure from the accepted standards.

Question 25

Healthcare Power of Attorney

Answer 25

A legal document that allows another person to make health care decisions for the patient, including withdrawal or withholding of care, when the patient is incapacitated.

Question 26

Health Insurance Portability and Accountability Act (HIPAA)

Answer 26

The law enacted in 1996 that provides for criminal sanctions as well as for civil penalties for releasing a patient’s protected health information in a way not authorized by the patient.

Question 27

Hostile Environment

Answer 27

Situation in which an employer or a employer’s agent either creates or allows to continue an offensive practice related to sex that makes it uncomfortable or impossible for an employee to continue working.

Question 28

Immunity

Answer 28

Legal protection from penalites that could normally by incurred under the law.

Question 29

Implied Consent

Answer 29

Assumption on behalf of a person unable to give consent that he or she would have done so.

Question 30

In Loco Parentis

Answer 30

Phrase meaning “in the place of the parent” that is used to describe situations in which a designated authority figure makes medical treatment and transport decisions for a minor child when parent or guardian is unavailable.

Question 31

Informed Consent

Answer 31

A patient’s voluntary agreement to be treated after being told about the nature of the disease, the risks and benefits of the proposed treatment, alternative treatments, or the choice of no treatment at all.

Question 32

Involuntary Consent

Answer 32

An oxymoron, because consent is never involuntary; often used to describe a figure of authority dictating medical care be given to someone in custody, incapcitated, or a minor.

Question 33

Legal Obligation

Answer 33

A duty that is enforceable in a court of law.

Question 34

Liability

Answer 34

A finding in civil cases that the majority of the evidece shows the defendant was responsible fo the plaintiff’s injuries.

Question 35

Libel

Answer 35

Making a false statement in written form that injures a person’s good name.

Question 36

Living Will

Answer 36

A type of advance directive, generally requiring a precondition for withholding resuscitation when the patient is incapacitated.

Question 37

Malfeasance

Answer 37

Unauthorized act committed outside the scope of medical practice defined by law.

Question 38

Medical Practice Act

Answer 38

An act that usually defines the minimum qualifications of those who may perform various health services, defines the skills that each type of practitioner is legally permitted to use, and establishes a means of licensure or certification for different categories of healthcare professionals.

Question 39

Mifeasance

Answer 39

Appropriate act performed in a improper manner, such as a medication administered at the wrong dose.

Question 40

Morality

Answer 40

Pertaining to conscience, conduct, and character.

Question 41

Negligence

Answer 41

Professional action or inaction on the part of the healthcare practitioner that does not meed the standard of ordinary care expected of a similary trained and prudent healthcare practitioner that results in injury to the patient.

Question 42

Negligence Per Se

Answer 42

Inexcusable violation of a statue, such as practicing paramedicine without a valid license or certification.

Question 43

Nonfeasance

Answer 43

Failing to perform a required or expected act.

Question 44

Ordinary Negligence

Answer 44

Negligence that is a failure to act, or a simple mistake that causes harm to a patient.

Question 45

Palliative Care

Answer 45

A type of medical care intended to provide comfort care and relief from pain.

Question 46

Patient Autonomy

Answer 46

The right to direct one’s own medical care, and to decide how end-of-life medical care should be provided.

Question 47

Plaintiff

Answer 47

In a civil lawsuit, the person who brings a legal action against another person.

Question 48

Proximate Cause

Answer 48

The specific reason that an injury occured; one of the items that must be proven in order for a paramedic to be held liable for negligence.

Question 49

Punitive Damages

Answer 49

Compensation, usually monetary, awarded to a plaintiff for intentional or reckless acts committed by the defendent.

Question 50

Qualified Immunity

Answer 50

Protection in which the paramedic is only held liable when the plaintiff can show that the paramedic violated clearly established law of which he or she should have known.

Question 51

Quid Pro Quo

Answer 51

Circumstance in which a person in authority attempts to exchange some work-related benefit, suc as a raise or promotion, for an innapropriate employee action (eg, sexual favors); literal translation from Lation is “this for that”.

Question 52

Res Ispa Loquitur

Answer 52

Theory of negligence that assumes a injury can only occur when a negligent act occurs.

Question 53

Scope of Practice

Answer 53

Describes what a state permits a paramedic practicing under a license or certification to do.

Question 54

Statues of Limitations

Answer 54

Laws that limit the time period within which a lawsuit may be filed.

Question 55

Surrogate Decision Maker

Answer 55

A person designated by a patient to make healthcare decisions as the patient would want when the patient becomes incapable of making decisions.

Question 56

Tort

Answer 56

A wrongful act that gives rise to a civil lawsuit.