Chapter 3 Flashcards
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 patients needs
Abandonment
written documentation that specifies medical treatment for a competent patient should the patient become unable to to make decisions; also known as a living will or health care directive
Advance directive
cooling of the body after death until it matches the ambient temperature
Algor mortis
the manner in which principles of ethics are incorporated into professional conduct
Applied ethics
unlawfully placing a patient into fear of bodily harm
Assault
unlawfully touching a patient or providing emergency care without consent
Battery
the study of ethics related to issues that arise in the medical field
Bioethics
disclosure of information without proper authorization
Breach of confidentiality
damages awarded to in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the accident
Compensatory damages
able to make rational decisions about personal well- being
Competent
permission to render care
Consent
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
Contributory negligence
ability to understand and process information and make a choice regarding appropriate medical care
Decision making capacity
the communication of false information about a person that is damaging to that person’s reputation or standing in the community
Defamation
blood settling to the lowest point in the body, causing skin discoloration; definitive sign of death
Dependent lividity
oral questions asked of parties and witnessed under oath
Deposition
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 which will assist in negotiating a possible settlement or in preparation for trial; includes depositions, interrogatories and demands for production of records.
Discovery
written documentation by a physician giving permission to medical personnel to not attempt resuscitation in the event of cardiac arrest
Do not resuscitate order
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
Durable Power of attorney for healthcare
a medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care
Duty to act
a person who is under the legal age in a give state but, because of other circumstances, is legally considered an adult
Emancipated minor
a serious situation, such as injury or illness that threatens the life or welfare of a person or group of people and requires immediate intervention
Emergency
the principle of law that permits a health care provider to treat a patient in an emergency situation when the patient is incapable of granting consent because of an altered level of consciousness, disability, the effects of drugs or alcohol, or the patients age
Emergency doctrine
immediate care or treatment
Emergency medical care
the philosophy of right or wrong of moral duties, and the ideal professional behavior
Ethics
a type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport
Expressed consent
the confinement of a person without legal authority or the persons consent
False imprisonment
the act of physically preventing an individual from initiating any physical action
Forcible restraint
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 wilful negligence
Good Samaritan law
legal doctrine that can protect and EMS provider from being sued or that may limit the amount of monetary judgement that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities
Governmental immunity
conduct that constitutes a willful or reckless disregard for duty or standard of care
Gross negligence
a written document that specifies medical treatment for a competent patient, should he or she become unable to make decisions; also known as a living will or an advance directive
Healthcare directive
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 appointments loses decision making capacity; also known as a durable power of attorney for health care.
Healthcare proxy
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
Implied consent
permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained
Informed consent
refers to the responsibility of a person or organization to take on some of the functions and responsibilities of a parent
Interrogatories- written questions that the defense and plaintiff send to one another
In loco parentis 
the seizing, confining, abduction, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her consent
Kidnapping 
false and damaging information about a person that is communicated in writing
Libel 
a term relating to medical jurisprudence (law) or forensic medicine
Medicolegal
a code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience
Morality
failure to provide the same care that a person with similar training would provide
Negligence
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
Negligence per se
the right of the patient to make informed choices regarding his or her health care
Patient autonomy
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
Protected health care information PHI
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
Proximate causation
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
Punitive damages
decomposition of body tissues; a definitive sign of death
Putrefaction
when the EMT or EMS system is help liable even when the plaintiff is unable to clearly demonstrate how an injury occurred
Res ipsa loquitur
stiffening of the body muscles; a definitive sign of death
Rigor mortis
most commonly defined by state law; outlines the care that the emt is able to provide for the patient
Scope of practice
false and damaging information about a person that is communicated by spoken word
Slander
written, accepted levels of emergency care expected by training or profession; written by legal or professional organizations so that patients are not exposed to unreasonable risk or harm
Standard of care
the time within which a case must be commenced
Statute of limitations
wrongful acts that give rise to a civil lawsuit
Torts
