CH. 4 MEDICAL LEGAL AND ETHICAL ISSUES Flashcards
termination of care for the patient without giving the patient sufficient opportunity to find another suitable health care professional to take over his medical treatment
abandonment
a written document or oral statement that expresses the wants needs and desires of a patient in reference to future medical care; including living wills, DNR’s, and organ donation choices
advance directive
to create in another a fear of immediate bodily harm or invasion of bodily security
assault
any act of touching another without that person’s consent
battery
an action instituted by a private person or corporation against another private person or corporation
civil suit
agreement by the patient to accept a medical intervention
consent
act committed by plaintiff that contributes to adverse outcomes
contributory negligence
an action instituted by the government against a private person for violation of criminal law
criminal prosecution
compensation for injury awarded by a court
damages
the patients ability to understand and process the information you give him or her about proposed plan of care
decision making capacity
intentionally making a false statement, through written or verbal communication, which injures a person’s good name or reputation
defamation
in a civil suit, the person against whom a legal action is brought
defendant
a type of advance directive that describes which life sustaining procedures should be performed in the event of a sudden deterioration in the patient’s medical condition
DNR order
a right to a fair procedure for a legal action against a person or agency; two components: notice and opportunity to be Heard
due process
legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction
duty
a person who is under the legal age in a given state, legally considered an adult because of other circumstance
emancipated minor
The emergency medical treatment and active labor act enacted in 1986 to combat the practice of patient dumping. It regulates hospitals that receive Medicare funding and severely fines hospitals or doctors who violate its provisions
EMTALA
a set of values in society that differentiates right from wrong
ethics
a type of of informed consent that occurs when the patient does something, either through words or by taking some sort of action, that demonstrates permission to provide care
expressed consent
the intentional and unjustified detention of a person against his or her will
false imprisonment
a statute providing limited immunity from liability to persons responding voluntarily and in good faith to aid of an injured person outside the hospital
good samaritan law
negligence that is willful, wanton, intentional, or reckless; a serious departure from the accepted standards
gross negligence
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
health care power of attorney
enacted in 1996 protecting the patient’s health information
HIPAA
situation in which an employer or the 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
hostile environment
legal protection from penalties that could normally be incurred under the law
immunity
assumption on behalf of a person unable to give consent that he or she would have done so
implied consent
phase used to describe situations in which a designed authority figure makes medical treatment and transport decisions for a minor child when a parent is not available
in loco parentis
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
informed consent
an oxymoron as consent is never involuntary; often used to describe a figure of authority dictating medical care be given to someone in custody incapacitated or a minor
involuntary consent
a finding in civil cases that the preponderance of the evidence shows the defendant was responsible for plaintiff’s injuries
liability
making a false statement in written form that injures a person’s good name
libel
a type of advance directive generally requiring a precondition for withholding resuscitation when the patient is incapacitated
living will
unauthorized act committed outside the scope of medical practice defined by law
malfeasance
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 health care professionals
medical practice act
appropriate act performed in an improper manner, such as medication administered at the wrong dose
misfeasance
pertaining to conscience, conduct, and character
morality
professional action or inaction on the part of the health care worker that does not meet the standard of ordinary care expected of similarly trained and prudent health care practitioners and that result in injury to the patient
negligence
inexcusable violation of a statute such as practicing without a valid license or certification
negligence per se
failing to perform a required or expected act
nonfeasance
negligence that is a failure to act or a simple mistake that causes harm to a patient
ordinary negligence
a type of care intended to provide comfort and relief from pain
palliative care
the right to direct ones own care and to decide how you want your end of life medical care provided
patient autonomy
in a civil suit the person who brings a legal action against another person
plaintiff
the specific reason that an injury occurred; one of the items that must be proven in order for a paramedic to be held liable for negligence
proximate cause
compensation awarded to a plaintiff for intentional or reckless acts committed by the defendant
punitive damages
protection in which the paramedic is held liable when the plaintiff can show that the paramedic violated the law in which he should have known
qualified immunity
circumstance in which a person in authority attempts to exchange work like a raise or promotion for sexual favors
quid pro quo
theory of negligence that assumes an injury can occur only when a negligent act occurs
res ipsa loquitur
what a state permits a paramedic practicing under a license or certification to do
scope of practice
verbally making a false statement that injures a person’s good name
slander
what a reasonable paramedic with training would do in the same or similar situation
standard of care
laws that limit the time within which a lawsuit may be filed
statutes of limitations
a person designated by a patient to make health care decisions as the patient would want when the patient becomes incapable of making decisions
surrogate decision maker
a wrongful act that gives rise to a civil suit
tort
process of establishing treatment and transportation priorities according to severity of injury and medical need
triage
