chap 7 legal (week 2)

Question 1

Paramedics must=

Answer 1

be familiar w/ legal issues in field & be prepared to make medical decisions & appropriate legal decisions
Laws vary state to state
Rely on advice of an attorney

Question 2

Ethnics=

Answer 2

refers to rules provided by an external source (code of conduct, religion, etc)

Question 3

Moral’s=

Answer 3

refers to own’s principles regarding rights & wrongs

Question 4

paramedics responsibilities=

Answer 4

PT, Crew, med director, public

Question 5

Constitutional law=

Answer 5

based on constitution of US; protects peps/ from gov/ abuse

Question 6

Legal system
Common law (“case/Judge-made”)=

Statutory law (legislative)=

Regulatory law (administrative)=

Answer 6

society’s acceptance of customs norms over time; changes & grows over years
doesn’t come from court decisions; created by lawmaking or legislative bodies
enacted by administrative or gov/ agency at either federal or state Lvl

Question 7

Categories of Laws:

Answer 7

Civil law
Criminal law
Tort law
trial courts
appellate courts

Question 8

Civil law=

Defendant=

Plaintiff=

Answer 8

noncriminal issues (personal injuries, work disputes, etc)
person against whom complaint is made

person initiating litigation

Question 9

Scope of practice=

Answer 9

actions and care you are legally allowed to perform based on your licensure and/or certification

Question 10

Who defines scope of practice=

Answer 10

National Highway Traffic Safety Administration (NHTSA), National EMS scope of practice, National EMS education standards, state laws/regulations/policies

Question 11

Standard of care=

Answer 11

care that is expected to be provided by an emergency care provider→ defined by what a reasonable person w/ similar training would do in the same situation

Question 12

Certification=

Answer 12

recognition granted to individual who has met qualification to participate in certain activity

Question 13

Malfeasance

Answer 13

Intentional wrongdoing or misconduct, such as performing an act that is illegal or contrary to law.

Question 14

Misfeasance=

Answer 14

Improper performance of a lawful act, resulting in harm or injury due to negligence or incompetence.

Question 15

Nonfeasance=

Answer 15

Failure to act when there is a duty to act, resulting in harm or injury due to neglect or omission

Question 16

Licensure=

Answer 16

used to regulate occupations; generally by gov/ agency

Question 17

Reportable events Must report in all 50 states:

Answer 17

child/elder abuse, crimes, exposure to infectious diseases

Question 18

Good Samaritan law:

Answer 18

Law states “ a person who in good faith administers emergency care at the scene of a emergency or in a hospital is not liable for civil damages for an act performed during the emergency unless the act is willfully/wantonly negligent”

Question 19

4 elements determine negligence & file a claim:

Answer 19

Duty to act
Breach of duty
Damage
Causation/proximate cause

Question 20

Borrowed Servant doctrine=

Answer 20

if supervising other emergency care providers, you may be liable for any negligence committed

Question 21

Characteristics of a well-doc/ed PT care report=

Answer 21

Completed promptly after PT contact
Thorough, objective, accurate, maintains PT confidentiality

Question 22

title 7 employment law=

Answer 22

fed/ law prohibits workplace harassment & discrimination

Question 23

Family & Medical leave act of 1993=

Answer 23

allows employees to take up to 12 work weeks in 12-month period for a specific family events

Question 24

Fair labor standards act of 1938=

Answer 24

Minimum wage, overtime pay, record keeping, child labor standards

Question 25

OSHA

Answer 25

ensure employers provide healthy & safe environment

Question 26

Ryan White Care act=

Answer 26

Fund programs to improve availability of health care for victims of AIDS and their families

Question 27

Res ipsa loquitur=

Answer 27

legal doctrine invoked by plaintiffs to support a claim of negligence; latin for “the thing speaks for itself”
EX: PT has an appendectomy & wakes to find that a surgical instrument has been left inside their abdomen.

Question 28

Negligence per se=

Answer 28

negligence committed as a result of violating a statue w/ resultant injury; automatic negligence.
EX driving in nonemergency mode fails to stop at a red light & hits a pedestrian,

Question 29

Statue of limitations=

Answer 29

Law that sets the max time period during which certain actions can be brought in court. After time limit is reached, no legal action can be brought regardless of whether or not a negligent act occurred.

Question 30

Restraint/Positional asphyxia=

Answer 30

lack of oxygen resulting in unconsciousness/death that occurs in a person who is in a position that inhibits breathing.
EX: restrained face down

Question 31

PTs confidential info can be released under specific circumstances such as:

Answer 31

PT consents release of records, other med providers have a need to know, EMS is required by law to release PT’s med/ records, 3rd party billing requirements

Question 32

Invasion of privacy=

Answer 32

violation by 1 person of another person’s personal life/info

Question 33

competence (or incompetence)=

Answer 33

a legal judgment made by a court or a judge

Question 34

Capacity (or lack of capacity)=

Answer 34

a medical judgment.

Question 35

Emancipated minor=

Answer 35

married, pregnant, a parent, member of armed forces, or financially dependent

Question 36

If PT doesnt sign AMA=

Answer 36

have a police officer or family member sign it, indicating that the patient verbally refused care.

Question 37

professional boundaries=

Answer 37

ethical & societal limits to the interactions between EMS practitioners / other health care personnel & PTs they serve

Question 38

Danger zones of boundry crossings=

Answer 38

being tired, being seduced, being unprepared, EMS social media issues

Question 39

Reasonable force=

Answer 39

minimum amount of force necessary to ensure that the PT doesn’t t cause injury to themselves, you, or others.

Question 40

if PT is handcuffed

Answer 40

it is imperative that a law enforcement officer also accompany the PT in case the restraints need to be removed

Question 41

DNR order=

Answer 41

legal doc/ usually signed by PT & the PT’s physician, that indicates to medical personnel that if any life-sustaining measures should be taken due to PT’s heart/resp F. Medical personnel shouldn’t intervene to resuscitate

Question 42

Advance directive=

Answer 42

legal doc/ prepared when a person is alive, competent, & able to make informed decisions about health care. Doc/ provides guidelines on treatment if the person is no longer capable of making decisions

Question 43

Living will document=

Answer 43

legal doc/ allows a person to specify the kinds of med/ treatment they wish to receive should need arise.
EX: wishes to pass in home vs hospital

Question 44

(POLST) physician orders for a life-sustaining treatment=

Answer 44

set of orders regarding care for terminally ill PT, signed by physician, to be honored by healthcare providers who deal w/ PT
(important for you to consult w/ on-line medical direction when identified a PT as a potential donor)

Question 45

Malfeasance, Misfeasance, & Nonfeasance are 3 types of:

Answer 45

Breach of duty

Question 46

When a written patient care report is found to be incomplete or inaccurate, the paramedic should:

Answer 46

add a dated & signed written amendment to the original report

Question 47

battery=
Assault=

Answer 47

Unlawful touching
Purposeful physical harm

Question 48

Most of laws that OSHA can use to enact reg/s & statues are what tyes of laws?

Answer 48

Administrative

Question 49

Libel=
Slander=

Answer 49

written/posted words to hurt one’s image
spoken words to hurt one’s image

Question 50

When an EMS provider has a breach of confidentiality regarding the improper release of information (by verbal or written word), a lawsuit may be brought up against them for:

Answer 50

Defamation