CH 4 Medical, Legal, and Ethical Issues

Question 1

what does “filling motion” mean

Answer 1

It means to have a judge act on an issue

Question 2

What does Borrowed Servant Doctrine mean

Answer 2

Liability is released from employer when a paramedic acts outside of certification due to an onsite physician

Question 3

When can PHI be disclosed

Answer 3

1. Treatment
2. Payment/billing
3. when authorized by patient/legal patient rep

Question 4

Who makes sure PHI is not released Illegally

Answer 4

Privacy Officer

Question 5

when does the “privacy rule” permit disclosure of PHI

Answer 5

1. Public Health authorizer
2. Research
3. Data Collection
4. Law Enforcement
5. Court Order (supoena)
6. Medical staff

Question 6

when are you allowed to take picture at an emergency

Answer 6

As long as there are no patient identifiers and it helps with report

Question 7

W

When and why was EMTALA established?

Answer 7

It was created to prevent patient dumping

1. Patient cannot be denied medical screening/stablizing treatment
2. Patient cannot be transferred in unstable condition

Question 8

What is the most common cause for legal issues for Paramedics

Answer 8

Car crashes

Question 9

When can you alter a crime scence

Answer 9

when resucitations is needed

Question 10

Define expressed consent

Answer 10

verbal or nonverbal actions are wanted after informing the patient of their medical needed treatment.

Question 11

When is implied consent given

Answer 11

When a patient who has decline desicion making capability or a minor and needs or medical treatment

Question 12

examples of decision making capabilites have decline for a patient refusing care

Answer 12

1. O2 saturation out of range
2. blood glucose out of range
3. AMS
4. Head injury
5. Mental illness
6. Alcohol or drug intoxication

Question 13

What is Loco parentis

Answer 13

Is when an entity or person is in place of the parent/legal gaurdian
(school, day care, summer camp)

Question 14

Define Malfeasance

Answer 14

When you perform an act/skill that your were not certified to perform

Question 15

Define Misfeasance

Answer 15

When you perform an act that you are legally able to perform but have done incorrectly

Question 16

Define nonfeasance

Answer 16

When you are legally required to perform an act/skill and do not

Question 17

4 criteria for negligence

Answer 17

1. Duty to act
2. Breach of duty
3. Damages/Harm
4. Poximal cause (forseable)

Question 18

Lawsuits are formed mainly from?

Answer 18

Car Collisions

Question 19

Ethics VS Law

Answer 19

1. Ethics is principles (personal/societal) that determine right vs wrong
2. Laws are enforceble sanctions for violations (obligations/protect our rights)

Question 20

1st code of ethics by who & what year

Answer 20

1948 declaration of geneva

Question 21

Ethical code that is used by EMS practitioners & what year

Answer 21

1978 NAEMS (National Association of Emergency Medical Technichians)

Question 22

The 3 basic ethical concepts for EMS

Answer 22

1. To do no harm
2. Act in good faith
3. Act in the patient’s best interest

Question 23

Define Tort

Answer 23

A civial lawsuit that rises from a wrong act

Question 24

When are you able to desregard or reverse and order from a physician?

Answer 24

when the order is forceable to harm the patient

Question 25

What to do if conflicts a risen with medical physicians on scene?

Answer 25

• Repeat order to add clarification
• request online medical control when all else fails

Question 26

Define Certification

Answer 26

• Shows competency of skills
• Does not mean authority to practice

Question 27

Define Licensure

Answer 27

Privilage granted by government authority on the basis of certain conditions

Question 28

What is due process

Answer 28

The right to fair procedure

Question 29

Define “notice” in legal terms

Answer 29

agency must notify you of infarction by certified letter

Question 30

Define “opportunity to be heard” in legal terms

Answer 30

hearing provides opportunity to tell your side of your story

Question 31

This type of law violations that involves malpractice leads to what?

Answer 31

Civil Lawsuit

Question 32

This type of law violations that involves Medication misue leads to what?

Answer 32

Criminal Lawsuit

Question 33

What is wanton conduct

Answer 33

• Reckless disregard for safety and rights
• & Knows harms will result

Question 34

Define willfull conduct

Answer 34

Intentional disregard to safety of others

Question 35

Explain “res ipsa loquitur “

Answer 35

The thing speaks for itself
* ie. a patient recieves injury but can’t reenact how it happen

Question 36

One thing to remember about power of attorney

Answer 36

• Not all have the power to make health care decisions

Question 37

One thing to remember about advance directives

Answer 37

• advance directives will not apply to emergency settings due to it being time consuming to read

Question 38

4 things needed for DNR orders

Answer 38

1. Fully explain medical condition
2. Patient signature
3. Physician(s) signature
4. Within expiration window, if any

Question 39

Reasons for terminating resucitations efforts

Answer 39

1. Blunt Trauma
2. Prolonged rescue/responses times
3. Lengthy resucitation efforts

Question 40

How does MOLST (Medical Orders for Life Saving Treatment) work

Answer 40

As DNR pertains to cardiac arrest, MOLST pertains to pulmonary arrest without cardiac arrest, treatment will be given

Question 41

what treatments can be given during MOLST

Answer 41

1. Intubation
2. Feeding tube
3. Pallative care
4. antibiotics

Question 42

What is the ryan white act

Answer 42

Protections for health care workers whoare exposed to infectious diseases

Question 43

what is the title VII of the civil rights act?

Answer 43

prohibits discrimination based on race, color, religion, sex and national origin.
provides protection from sexual harrasment in workplace

Question 44

What is Negligence per se

Answer 44

A paramedic inexcusably violates a statute