Ch 3 Medical, Legal and Ethical Issues

Question 1

Good samaritan laws

Answer 1

Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving food faith emergency medical care, unless there was wanton, gross, or willful neglect

Question 2

Governmental immunity

Answer 2

Legal doctrine that can protect EMS providers from being sued or which may limit the amount of the monetary judgement tat the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities

Question 3

Gross negligence

Answer 3

Conduct that constitutes a willful or reckless disregard for a duty or standard of care

Question 4

Health care directive

Answer 4

Document that specifies medical treatment for a competent patient, should he or she become unstable to make decisions; also known as an advanced directive or a living will

Question 5

Health care proxies

Answer 5

Type of advanced directive executed by a competent adult that appoints another individual to make medical treatment decisions on their behalf in the event they lose decision making capacity; also known as a power of attorney for health care

Question 6

Implied consent

Answer 6

Consent in which a patient who is unable to give consent is given treatment under the legal assumption that they would want treatment

Question 7

Informed consent

Answer 7

Permission for treatment given by a competent patient after the potential risks, benefits and alternatives to treatment have been explained

Question 8

In Loco Parentis

Answer 8

Refers to the legal responsibility of a person or org. to take on some of the functions and responsibilities of a parent

Question 9

Interrogatories

Answer 9

Written question that the defense and plaintiff send to one another

Question 10

Kidnapping

Answer 10

The seizing, confining, abducting or carrying away of a person by force, including transporting a competent adult for medical treatment w/o consent

Question 11

Libel

Answer 11

False and damaging information about a person that is communicated in writing

Question 12

Licensure

Answer 12

The process whereby a competent authority, usually the state, allows people to perform a regulated act

Question 13

Medicolegal

Answer 13

Term relating to medical jurisprudence or forensic medicine

Question 14

Morality

Answer 14

A code of conduct that can be defined by society, religion, a person, affecting character, conduct and conscience

Question 15

Negligence

Answer 15

failure to provide the same care that a person with similar training would provide

Question 16

Negligence per se

Answer 16

A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute

Question 17

Patient autonomy

Answer 17

the right of a patient to make informed choices regarding their health care

Question 18

Protected health information

Answer 18

PHI

Any information about health status, provision of health care or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of a patent’s medical record or payment history

Question 19

Proximate causation

Answer 19

When a person who has a duty abuses it, and causes harm to anther, an EMT, agency and/or the medical director can be sued for negligence