CH 4 Medical, Legal, and Ethical Issues Flashcards
what does “filling motion” mean
It means to have a judge act on an issue
What does Borrowed Servant Doctrine mean
Liability is released from employer when a paramedic acts outside of certification due to an onsite physician
When can PHI be disclosed
- Treatment
- Payment/billing
- when authorized by patient/legal patient rep
Who makes sure PHI is not released Illegally
Privacy Officer
when does the “privacy rule” permit disclosure of PHI
- Public Health authorizer
- Research
- Data Collection
- Law Enforcement
- Court Order (supoena)
- Medical staff
when are you allowed to take picture at an emergency
As long as there are no patient identifiers and it helps with report
W
When and why was EMTALA established?
It was created to prevent patient dumping
- Patient cannot be denied medical screening/stablizing treatment
- Patient cannot be transferred in unstable condition
What is the most common cause for legal issues for Paramedics
Car crashes
When can you alter a crime scence
when resucitations is needed
Define expressed consent
verbal or nonverbal actions are wanted after informing the patient of their medical needed treatment.
When is implied consent given
When a patient who has decline desicion making capability or a minor and needs or medical treatment
examples of decision making capabilites have decline for a patient refusing care
- O2 saturation out of range
- blood glucose out of range
- AMS
- Head injury
- Mental illness
- Alcohol or drug intoxication
What is Loco parentis
Is when an entity or person is in place of the parent/legal gaurdian
(school, day care, summer camp)
Define Malfeasance
When you perform an act/skill that your were not certified to perform
Define Misfeasance
When you perform an act that you are legally able to perform but have done incorrectly
Define nonfeasance
When you are legally required to perform an act/skill and do not
4 criteria for negligence
- Duty to act
- Breach of duty
- Damages/Harm
- Poximal cause (forseable)
Lawsuits are formed mainly from?
Car Collisions
Ethics VS Law
- Ethics is principles (personal/societal) that determine right vs wrong
- Laws are enforceble sanctions for violations (obligations/protect our rights)
1st code of ethics by who & what year
1948 declaration of geneva
Ethical code that is used by EMS practitioners & what year
1978 NAEMS (National Association of Emergency Medical Technichians)
The 3 basic ethical concepts for EMS
- To do no harm
- Act in good faith
- Act in the patient’s best interest
Define Tort
A civial lawsuit that rises from a wrong act
When are you able to desregard or reverse and order from a physician?
when the order is forceable to harm the patient
What to do if conflicts a risen with medical physicians on scene?
- Repeat order to add clarification
- request online medical control when all else fails
Define Certification
- Shows competency of skills
- Does not mean authority to practice
Define Licensure
Privilage granted by government authority on the basis of certain conditions
What is due process
The right to fair procedure
Define “notice” in legal terms
agency must notify you of infarction by certified letter
Define “opportunity to be heard” in legal terms
hearing provides opportunity to tell your side of your story
This type of law violations that involves malpractice leads to what?
Civil Lawsuit
This type of law violations that involves Medication misue leads to what?
Criminal Lawsuit
What is wanton conduct
- Reckless disregard for safety and rights
- & Knows harms will result
Define willfull conduct
Intentional disregard to safety of others
Explain “res ipsa loquitur “
The thing speaks for itself
* ie. a patient recieves injury but can’t reenact how it happen
One thing to remember about power of attorney
- Not all have the power to make health care decisions
One thing to remember about advance directives
- advance directives will not apply to emergency settings due to it being time consuming to read
4 things needed for DNR orders
- Fully explain medical condition
- Patient signature
- Physician(s) signature
- Within expiration window, if any
Reasons for terminating resucitations efforts
- Blunt Trauma
- Prolonged rescue/responses times
- Lengthy resucitation efforts
How does MOLST (Medical Orders for Life Saving Treatment) work
As DNR pertains to cardiac arrest, MOLST pertains to pulmonary arrest without cardiac arrest, treatment will be given
what treatments can be given during MOLST
- Intubation
- Feeding tube
- Pallative care
- antibiotics
What is the ryan white act
Protections for health care workers whoare exposed to infectious diseases
what is the title VII of the civil rights act?
prohibits discrimination based on race, color, religion, sex and national origin.
provides protection from sexual harrasment in workplace
What is Negligence per se
A paramedic inexcusably violates a statute
