ch 3 Flashcards
What is scope of practice?
The care that an EMT is legally allowed to provide based on their training and certification.
What is the difference between scope of practice and standard of care?
Scope of practice defines what you can do; standard of care defines how well you should do it.
What is consent?
Permission to provide care.
What are the types of consent?
Expressed, implied, and involuntary.
What is expressed consent?
When a patient gives verbal or nonverbal permission for care.
What is implied consent?
Consent assumed when the patient is unconscious or unable to give permission, often used in life-threatening situations.
What is involuntary consent?
Consent given by legal authority for patients who are mentally ill, incarcerated, or minors in certain cases.
At what age can a person usually give consent for medical treatment?
18, unless they are emancipated minors.
What is an advance directive?
A legal document that states a patient’s medical care preferences if they become unable to make decisions.
What is a DNR order?
A Do Not Resuscitate order that states the patient does not want CPR if they stop breathing or go into cardiac arrest.
What should you do if there is no DNR present and the patient is unresponsive?
Begin resuscitation and contact medical control.
What is negligence?
Failure to provide the standard of care, resulting in harm to the patient.
What are the four components needed to prove negligence?
Duty, breach of duty, damages, and causation.
What is abandonment?
Terminating care without ensuring continued care at the same or higher level.
What is assault in EMS terms?
Unlawfully placing a person in fear of bodily harm.
What is battery in EMS terms?
Unlawful touching of a person without their consent.
What is defamation?
Communication of false information that damages a person’s reputation.
What is HIPAA and what does it protect?
The Health Insurance Portability and Accountability Act; it protects patient privacy and health information.
When can you legally share patient information?
With other healthcare providers involved in care, with the patient’s permission, or when required by law (e.g., abuse, crime, certain diseases).
What is the EMT’s role at a crime scene?
Provide patient care while preserving evidence as much as possible.
What is the Good Samaritan Law?
Laws that protect bystanders or off-duty providers who give emergency care in good faith without compensation.
What is the difference between civil and criminal liability in EMS?
Civil liability involves lawsuits for damages (e.g., negligence); criminal liability involves breaking the law (e.g., assault, battery, abandonment).
What should you do if a competent adult refuses care?
Explain the risks, encourage care, ensure they understand, and document the refusal with a signed refusal form.
What is the difference between physical and legal custody of a minor?
Physical custody refers to who the child is with at the moment; legal custody refers to who can make medical decisions.
What should you do if you suspect abuse or neglect?
Report it according to your state’s law—EMTs are mandated reporters.
What is a tort?
A civil wrong, such as negligence, that results in harm.
What are advance directives also known as?
Living wills or health care directives.
What is a durable power of attorney for health care?
A legal document assigning someone the authority to make medical decisions for a patient who is incapacitated.
What is the difference between a DNR and a POLST?
A DNR limits resuscitation efforts; a POLST (Physician Orders for Life-Sustaining Treatment) provides broader treatment preferences for seriously ill patients.
How should you document refusals of care?
Include the patient’s capacity, what was explained, risks of refusal, witnesses (if possible), and obtain their signature.
When can a minor legally consent to treatment?
When emancipated, married, pregnant, a parent, or in a situation allowed by state law (varies by state).
What is the EMT’s duty to act?
The obligation to provide care when on duty.
What is the importance of a thorough and accurate PCR (Patient Care Report)?
It serves as a legal document, medical record, and basis for billing and CQI.
What does “competent” mean in legal terms?
The ability of a patient to understand the information and make an informed decision.
