CH03 Medical, Legal and Ethical Issues

Question 1

False and damaging information about a person that is communicated by spoken word.

Answer 1

Slander

Question 2

Immediate care or treatment.

Answer 2

Emergency medical care

Question 3

A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf, in the event that the person making the appointment loses decision-making capacity.

Answer 3

durable power of attorney for health care

Question 4

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

Answer 4

in loco parentis

Question 5

Legal doctrine that can protect an EMS provider from being sued or that may limit the amount of the monetary judgment that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities.

Answer 5

Governmental immunity

Question 6

A written document that specifies medical treatment for a competent patient, should he or she become unable to make decisions. Also known as an advance directive or a living will.

Answer 6

health care directive

Question 7

Unlawfully touching a patient or providing emergency care without consent.

Answer 7

Battery

Question 8

Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public.

Answer 8

Punitive damages

Question 9

Unlawfully placing a patient in fear of bodily harm

Answer 9

Assault

Question 10

Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving good-faith emergency medical care, unless there is wanton, gross, or willful negligence.

Answer 10

Good Samaritan laws

Question 11

A legal defense that may be raised when the defendant thinks that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

Answer 11

contributory negligence

Question 12

A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care.

Answer 12

duty to act

Question 13

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called a living will or** health care directive**.

Answer 13

advance directive

Question 14

Written documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest.

Answer 14

do not resustate order

Question 15

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**.

Answer 15

negligence per se

Question 16

When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred.

Answer 16

res ipsa loquitur

Question 17

The phase of a civil lawsuit where the plaintiff and defense obtain information from each other that will enable the attorneys to have a better understanding of the case and which will assist in negotiating a possible settlement or in preparing for trial. This includes depositions, interrogatories, and demands for production of records.

Answer 17

discovery

Question 18

Able to make rational decisions about personal well-being.

Answer 18

competent

Question 19

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

Answer 19

negligence

Question 20

The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her consent.

Answer 20

kidnapping

Question 21

The act of physically preventing an individual from initiating any physical action.

Answer 21

forcible restraint

Question 22

Decomposition of body tissues; a definitive sign of death.

Answer 22

putrefaction

Question 23

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

Answer 23

gross negligence

Question 24

Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.

Answer 24

implied consent

Question 25

The communication of false information about a person that is damaging to that person’s reputation or standing in the community.

Answer 25

defamation

Question 26

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 patient’s medical record or payment history.

Answer 26

protected health information (PHI)

Question 27

Damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident.

Answer 27

compensatory damages

Question 28

Oral questions asked of parties and witnesses under oath.

Answer 28

depositions

Question 29

A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult.

Answer 29

emancipated minor

Question 30

Stiffening of the body muscles; a definitive sign of death.

Answer 30

rigor mortis

Question 31

The time within which a legal case must be commenced.

Answer 31

statute of limitations

Question 32

A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport.

Answer 32

expressed consent

Question 33

Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death.

Answer 33

dependent lividity

Question 34

Wrongful acts that give rise to a civil lawsuit.

Answer 34

torts

Question 35

A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf in the event that the person making the appointment loses decision-making capacity. Also known as a durable power of attorney for health care

Answer 35

health care proxy

Question 36

Cooling of the body after death until it matches the ambient temperature.

Answer 36

algor mortis

Question 37

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

Answer 37

Libel

Question 38

Written questions that the defense and plaintiff send to one another.

Answer 38

interrogatories

Question 39

Unilateral termination of care by the EMT without the patient’s consent and without making provisions for transferring care to another medical professional with the skills and training necessary to meet the needs of the patient.

Answer 39

abandonment

Question 40

When a person who has a duty abuses it, and causes harm to another individual, the EMT, the agency, and/or the medical director may be sued for negligence.

Answer 40

proximate causation

Question 41

Most commonly defined by state law; outlines the care that the EMT is able to provide for the patient.

Answer 41

scope of practice

Question 42

The EMT’s scope of practice within his/ her local response area is defined by the:

Answer 42

medical director