Chapter 3: Legal and Ethical Issues

Question 1

Decision making capacity

Answer 1

Ability of the patient to understand the information you are providing and make an informed choice regarding medical care.

Question 2

Expressed consent

Answer 2

Verbally expressing permission or clearly gesturing

Question 3

Implied consent

Answer 3

If a patient is unconscious or incapable of making a rational decision, it’s assumed that they would want treatment. Includes mental impairment, intoxication, etc. Is revoked if patient regains the ability to make decisions.

Question 4

Involuntary consent

Answer 4

Can include minors, the mentally ill, or developmentally delayed. Varies by state.

Question 5

Consent for minors

Answer 5

1. Parents have to give consent, but teachers can act in loco parentis if parents aren’t around.
2. If no one is around, you can give care.
3. Minors can be considered emancipated if married, in the armed forces, or a parent.

Question 6

Negligence

Answer 6

1. Failure to provide the same care that a person with similar training would provide
2. Based on duty, breach of duty, damages, causation
3. An example would be dropping a patient.

Question 7

Abandonment

Answer 7

1. Termination of care without a patient’s consent and without making provisions for continuing care
2. Must provide medical personnel with a report

Question 8

Assault

Answer 8

1. Unlawfully placing a person in fear of immediate bodily harm (threats).

Question 9

Battery

Answer 9

Unlawfully touching a person, such as providing care without consent.

Question 10

Kidnapping

Answer 10

Taking a person by force, such as transporting a person who doesn’t want to be.

Question 11

Defamation

Answer 11

1. Communication of false information that damages the reputation of a person
2. Slander if verbal, libel if in writing

Question 12

Gross negligence

Answer 12

Willful or reckless disregard for standard of care, such as refusing to treat a certain race.

Question 13

Standard of care

Answer 13

1. The way in which you must act or behave toward others, based on people with similar experience.
2. Established by customs, state legal standards, organizations, and textbooks

Question 14

Certification

Answer 14

Process by which an individual or institution is recognized as meeting certain standards.

Question 15

Licensure

Answer 15

Process by which a competent authority grants permission to practice a profession.

Question 16

Advance directive

Answer 16

Specifies medical treatment for a competent patient if they are unable to make decisions.

Question 17

DNR

Answer 17

1. Do not resuscitate, but should still provide supportive measures
2. DNR must include statement of medical problem, signature of patient, signature of a healthcare provider, and must be dated in the preceding 12 months of an expiration date.

Question 18

Orders for Life Sustaining Treatment

Answer 18

Describes acceptable medical interventions, must be signed by a healthcare provider.

Question 19

When do healthcare proxies take effect?

Answer 19

Only if the patient is unable to make decisions.

Question 20

Scope of practice

Answer 20

Outlines the care you are legally able to provide, defined by state law or medical director.

Question 21

Presumptive signs of death

Answer 21

1. Must be a combination
2. Unresponsiveness to painful stimuli, lack of pulse, lack of chest rise/fall, no corneal/deep tendon reflexes, no pupil reactivity, no systolic blood pressure, cyanosis, decreased temperature
3. A patient with hypothermia isn’t considered dead until they’re warm.