Chapter 3 - Medical, Legal and Ethical Issues Flashcards
abandonment
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.
advance directive
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.
algor mortis
Cooling of the body after death until it matches the ambient temperature.
applied ethics
The manner in which principles of ethics are incorporated into professional conduct.
assault
Unlawfully placing a patient in fear of bodily harm.
battery
Unlawfully touching a patient or providing emergency care without consent.
bioethics
The study of ethics related to issues that arise in health care.
breach of confidentiality
Disclosure of information without proper authorization.
compensatory damages
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.
competent
Able to make rational decisions about personal well-being.
consent
Permission to render care.
contributory negligence
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.
decision making capacity
Ability to understand and process information and make a choice regarding appropriate
medical care.
defamation
The communication of false information about a person that is damaging to that person’s reputation or
standing in the community.
dependent lividity
Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of
death.
depositions
Oral questions asked of parties and witnesses under oath.
discovery
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. Includes depositions, interrogatories, and demands for production of
records.
DNR
Written documentation by a physician giving permission to medical personnel not to
attempt resuscitation in the event of cardiac arrest.
durable power of attorney for health care
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.
duty to act
A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to
provide care.
emancipated minor
A person who is under the legal age in a given state but, because of other circumstances, is legally
considered an adult.
emergency
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 doctrine
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 patient’s age.
emergency medical care
Immediate care or treatment.
ethics
The philosophy of right and wrong, of moral duties, and of ideal professional behavior.
expressed consent
A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or
transport.
false imprisonment
The confinement of a person without legal authority or the person’s consent.
forcible restraint
The act of physically preventing an individual from initiating any physical action.
Good Samaritan laws
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.
governmental immunity
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.
gross negligence
Conduct that constitutes a willful or reckless disregard for a duty or standard of care.
health care directive
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.
health care proxy
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.
implied consent
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.
informed consent
Permission for treatment given by a competent patient after the potential risks, benefits, and
alternatives to treatment have been explained.
in loco parentis
Refers to the legal 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.
kidnapping
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.
libel
False and damaging information about a person that is communicated in writing.
medicolegal
A term relating to medical jurisprudence (law) or forensic medicine.
morality
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and
conscience.
negligence
Failure to provide the same care that a person with similar training would provide.
negligence per se
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.
patient autonomy
The right of a patient to make informed choices regarding his or her health care.
protected health information (PHI)
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.
proximate causation
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.
punitive damages
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.
putrefacation
Decomposition of body tissues; a definitive sign of death.
res ipsa loquitur
When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly
demonstrate how an injury occurred.
rigor mortis
Stiffening of the body muscles; a definitive sign of death.
scope of practice
Most commonly defined by state law; outlines the care that the EMT is able to provide for the patient.
slander
False and damaging information about a person that is communicated by spoken word.
standard of care
Written, accepted levels of emergency care expected by reason of training and profession; written by
legal or professional organizations so that patients are not exposed to unreasonable risk or harm.
statute of limitations
The time within which a case must be commenced.
torts
Wrongful acts that give rise to a civil lawsuit.
