CH03 Medical, Legal and Ethical Issues Flashcards

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1
Q

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

A

Slander

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2
Q

Immediate care or treatment.

A

Emergency medical care

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3
Q

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.

A

durable power of attorney for health care

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4
Q

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

A

in loco parentis

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5
Q

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.

A

Governmental immunity

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6
Q

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.

A

health care directive

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7
Q

Unlawfully touching a patient or providing emergency care without consent.

A

Battery

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8
Q

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.

A

Punitive damages

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9
Q

Unlawfully placing a patient in fear of bodily harm

A

Assault

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10
Q

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.

A

Good Samaritan laws

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11
Q

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.

A

contributory negligence

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12
Q

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

A

duty to act

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13
Q

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**.

A

advance directive

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14
Q

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

A

do not resustate order

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15
Q

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**.

A

negligence per se

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16
Q

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

A

res ipsa loquitur

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17
Q

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.

A

discovery

18
Q

Able to make rational decisions about personal well-being.

A

competent

19
Q

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

A

negligence

20
Q

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.

A

kidnapping

21
Q

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

A

forcible restraint

22
Q

Decomposition of body tissues; a definitive sign of death.

A

putrefaction

23
Q

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

A

gross negligence

24
Q

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.

A

implied consent

25
Q

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

A

defamation

26
Q

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.

A

protected health information (PHI)

27
Q

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.

A

compensatory damages

28
Q

Oral questions asked of parties and witnesses under oath.

A

depositions

29
Q

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

A

emancipated minor

30
Q

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

A

rigor mortis

31
Q

The time within which a legal case must be commenced.

A

statute of limitations

32
Q

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

A

expressed consent

33
Q

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

A

dependent lividity

34
Q

Wrongful acts that give rise to a civil lawsuit.

A

torts

35
Q

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

A

health care proxy

36
Q

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

A

algor mortis

37
Q

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

A

Libel

38
Q

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

A

interrogatories

39
Q

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.

A

abandonment

40
Q

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.

A

proximate causation

41
Q

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

A

scope of practice

42
Q

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

A

medical director