Chapter 3: Medical, Legal, and Ethical Issues Flashcards

1
Q

What phrase or word matches this definition?

A federal law enacted to combat the practice of patient dumping and that pays particular attention to the practice of sending women in labor to distant hospitals; prevents emergency department staff from denying medical screening or stabilizing treatment, or inappropriately transferring a patient whose condition is not stable to another hospital.

A

Emergency Medical Treatment and Active Labor Act (EMTALA)

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2
Q

What phrase or word matches this definition?

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

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3
Q

What is the AEMT’s obligation in reporting abuse?

A

Most states require AEMTs to report abuse and protect them from liability for libel, slander, or defamation of character.

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4
Q

What phrase or word matches this definition?

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also a living will or health care directive.

A

Advance Directive

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5
Q

What phrase or word matches this definition?

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

A

Algor Mortis

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6
Q

What phrase or word matches this definition?

An action instituted by the government against a person for violation of criminal law.

A

Criminal Prosecution

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7
Q

What phrase or word matches this definition?

An established process to determine the qualifications necessary to be allowed to practice a particular profession, or to function as an organization.

A

Credentialing

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8
Q

What phrase or word matches this definition?

An unauthorized act committed outside the scope of medical practice defined by law.

A

Malfeasance

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9
Q

What phrase or word matches this definition?

The manner in which principles of ethics are incorporated into professional conduct.

A

Applied Ethics

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10
Q

What phrase or word matches this definition?

Appropriate act performed in an improper manner, such as a medication administered at the wrong dose.

A

Misfeasance

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11
Q

What phrase or word matches this definition?

Unlawfully placing a patient in fear of bodily harm.

A

Assault

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12
Q

What phrase or word matches this definition?

Basing current action on lessons, rules, or guidelines derived from previous similar experiences.

A

Precedence

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13
Q

What phrase or word matches this definition?

Unlawfully touching a patient or providing emergency care without consent.

A

Battery

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14
Q

What phrase or word matches this definition?

The study of ethics related to issues that arise in health care.

A

Bioethics

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15
Q

What phrase or word matches this definition?

Disclosure of information without proper authorization.

A

Breach of Confidentiality

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16
Q

What phrase or word matches this definition?

Compensation for injury; awarded by a court.

A

Damages

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17
Q

What phrase or word matches this definition?

Damages awarded in a civil lawsuit that are intended to restore the plantiff to the same condition that he, she, or they was in prior to the incident.

A

Compensatory Damages

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18
Q

What phrase or word matches this definition?

Able to make rational decisions about personal well-being.

A

Competent

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19
Q

What phrase or word matches this definition?

Permission to render care.

A

Consent

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20
Q

What phrase or word matches this definition?

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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21
Q

What phrase or word matches this definition?

Ability to understand and process information and make a choice regarding appropriate medical care.

A

Decision-Making Capacity

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22
Q

What phrase or word matches this definition?

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

A

Defamation

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23
Q

What are the definitive signs of death?

A
  • Obvious mortal damage (i.e. decapitation)
  • Dependent Lividity
  • Rigor Mortis
  • Algor Mortis
  • Putrefaction
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24
Q

What phrase or word matches this definition?

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

A

Dependent Lividity

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25
Q

What phrase or word matches this definition?

Oral questions asked of parties and witnesses under oath.

A

Depositions

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26
Q

What phrase or word matches this definition?

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.

A

Discovery

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27
Q

What does the acronym mean?

DNR

A

Do Not Resuscitate

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28
Q

What requirements must be met in order for DNR orders to be valid?

A
  • Clear statement of the patient’s medical problem(s)
  • Signature of patient or legal guardian
  • Signature of one or more physicians or other licensed health care provider
  • DNR orders that contain expiration dates must be dated in the preceding 12 months (some states only).
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29
Q

What phrase or word matches this definition?

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

A

Do Not Resuscitate (DNR) Order

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30
Q

What is the AEMT’s obligation in reporting drug-related injuries?

A

Some states have established confidentiality for these cases and excuse certain specified people from reporting drug cases if, in the opinion of those people, withholding reporting is necessary for the proper treatment of the patient.

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31
Q

What phrase or word matches this definition?

A type of advance directive executed by a competent adult that appoints another individual to make a decision on their 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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32
Q

What phrase or word matches this definition?

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

A

Duty to Act

The AEMT has an obligation to provide care when on the job and to do so in a manner that is consistent with teh standard of care established by training and local protocls.

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33
Q

What phrase or word matches this definition?

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

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34
Q

What phrase or word matches this definition?

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.

A

Emergency

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35
Q

What phrase or word matches this definition?

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.

A

Emergency Doctrine

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36
Q

What phrase or word matches this definition?

Immediate care or treatment.

A

Emergency Medical Care

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37
Q

What roles and responsibilities do AEMTs have in court?

A
  • When subpoenaed, immediately notify the director of your service and legal counsel.
  • Remain neutral.
  • Provide the facts as you observed them.
  • Do not take sides.
  • Review your run report prior to your court appearance.
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38
Q

What does this acronym mean?

EMTALA

A

Emergency Medical Treatment and Active Labor Act

39
Q

What questions should an AEMT ask themselves when it comes to ethical decision-making?

A
  • Is the decision in the best interests of the patient?
  • Is the decision based on logic and reason rather than emotion?
  • Does the decision protect the patient’s rights?
  • Would you agree to the same decision if you were the patient?
  • Would you make the same decision again in similar circustances?
  • Can you defend this decision to others?
  • How will the consequences of your decision provide the greatest benefit in view of all of the alternatives?
  • Have you involved online medical control in your decision making?
40
Q

What phrase or word matches this definition?

The philosophy of right and wrong, of moral duties, and of ideal professional behavior.

A

Ethics

41
Q

What phrase or word matches this definition?

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

A

Expressed Consent

42
Q

What phrase or word matches this definition?

Failure to perform a required or expected act.

A

Nonfeasance

43
Q

What phrase or word matches this definition?

The confinement of a person without legal authority or the person’s consent.

A

False Imprisonment

44
Q

What is the AEMT’s obligation in reporting an injury during the commission of a felony?

A

Many states require reporting of injuries that is likely to have occurred during the commision of a crime (i.e. gunshot or knife wound).

45
Q

What phrase or word matches this definition?

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

A

Forcible Restraint

46
Q

When can forcible restraint be used?

A

Only in circumstances where there is risk to the patient or others. AEMTs should consult medical control for authorization or contact law enforcement personnel. In some states, only a police officer may forcible restrain a patient.

47
Q

What phrase or word matches this definition?

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

An AEMT is a good samaritan when off duty.

48
Q

What phrase or word matches this definition?

Legal doctrine that can protect an EMS provider from being sued or which 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

49
Q

What phrase or word matches this definition?

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

A

Gross Negligence

50
Q

What phrase or word matches this definition?

A written document that specifies medical treatment for a competent patient, should they become unable to make decisions. Also known as an advance directive or a living will.

A

Health Care Directive

51
Q

What phrase or word matches this definition?

A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on their behalf in the event that the person making the appointment loses decision-making capacity. A durable power of attorney.

A

Health Care Proxy

52
Q

What does this acronym mean?

HIPAA

A

Health Insurance Portability and Accountability Act

53
Q

How does consent impact decision making?

A

An adult who is conscious, rational and capable of making informed decisions has a legal right to refuse care, even though they may be ill or injured. A patient may also consent to some aspects of care and not others. As an AEMT, you may try to influence a patient’s decision making, but are not allowed to make a decision for the patient under these circumstances.

54
Q

What phrase or word matches this definition?

Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that they would want treatment.

A

Implied Consent

55
Q

What phrase or word matches this definition?

In a civil lawsuit, the person against whom a legal action is brought.

A

Defendant

56
Q

What phrase or word matches this definition?

In a civil lawsuit, the person who bring a legal action against another person.

A

Plaintiff

57
Q

What phrase or word matches this definition?

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

58
Q

What phrase or word matches this definition?

Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives have been explained.

A

Informed Consent

59
Q

What phrase or word matches this definition?

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

A

Interrogatories

60
Q

What phrase or word matches this definition?

The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without their consent.

A

Kidnapping

61
Q

What phrase or word matches this definition?

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

A

Libel

62
Q

What phrase or word matches this definition?

Local protocols, usually pertaining to a particular service or area.

A

Standing Orders

63
Q

Where might valuable medical information be located?

A
  • Bracelet
  • Necklace
  • Key Chain
  • Card USB Flash Drive
  • Phone
64
Q

What phrase or word matches this definition?

A term relating to medical jurisprudence (law) or forensic medicine.

A

Medicolegal

65
Q

What phrase or word matches this definition?

A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.

A

Morality

66
Q

What phrase or word matches this definition?

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

A

Negligence

67
Q

What phrase or word matches this definition?

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

68
Q

How should an organ donor be treated?

A

Treat the same way you would treat any other patient. Use all mean necessary to keep them alive. Not going so will lead to damaged organs that cannot be used.

69
Q

What phrase or word matches this definition?

The right of a patient to make informed choices regarding their health.

A

Patient Autonomy

70
Q

What does the acronym mean?

PHI

A

Protected Health Information

71
Q

What phrase or word matches this definition?

Precise and detailed plans for a regimen of therapy (for example, advanced cardiac life support algorithms).

A

Protocols

72
Q

What are the presumptive signs of death?

A
  • Unresponsive to painful stimuli
  • Lack of a carotid pulse or heartbeat
  • Absence of chest rise and fall
  • No deep tendon or corneal reflexes
  • Absence of pupillary reactivity
  • No systolic blood pressure
  • Profound cyanosis
  • Lowered or decreased body temperature
73
Q

What phrase or word matches this definition?

Any information about health status, provision of health care, or payment 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)

74
Q

What phrase or word matches this definition?

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

75
Q

What phrase or word matches this definition?

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

76
Q

What phrase or word matches this definition?

Decomposition of body tissues; a definitive sign of death.

A

Putrefaction

77
Q

What obligation(s) does the AEMT have if a patient refuses treatment or transport?

A
  • Involve medical control and document consultation
  • Document the following:
    • Assessment
    • Description of treatment you think is necessary
    • Any possible risks of treatment
    • Availability of alternative treatments
    • Possible consequences of refusing treatment
  • Make sure patient understands items above
  • Assess patient’s ability to make an informed decision
  • Have the patient and witnesses if possible sign an Against Medical Advice (AMA) form.
  • Encourage the patient up to 3x if situation allows before leaving the scene
  • Advise patient to contact a personal physician asap
78
Q

What is the AEMT’s obligation in reporting childbirth?

A

Most states require that the birth is reported.

79
Q

What phrase or word matches this definition?

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

A

Res Ipsa Loquitor

80
Q

What phrase or word matches this definition?

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

A

Rigor Mortis

81
Q

What action steps should an AEMT take at the scene of a crime?

A
  • Ensure personal safety.
  • Notify dispatcher immediately.
  • Do not allow scene to stop you from rendering life-saving emergency care.
  • Be careful not to disturb crime scene any more than absolutely necessary.
  • Make notes / drawings of…
    • The position of patient
    • The presence and position of weapons or other objects
  • If possible, do not cut through holes in clothing created by weapons.
  • Avoid walking through blood.
  • Try to avoid leaving footprints in dirt or grass or near crime scene.
  • For sexual assault cases, try to persuade victim not to shower or clean themself.
  • Confer periodically with local authorities / be aware of their wishes.
82
Q

What phrase or word matches this definition?

Most commonly defined by the state law; outlines the care that the AEMT is able to provide for the patient. This is further defined by the medical director through protocols and standing orders.

A

Scope of Practice

83
Q

What phrase or word matches this definition?

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

A

Slander

84
Q

What phrase or word matches this definition?

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.

A

Standard of Care

85
Q

What phrase or word matches this definition?

The time within which a case must be commenced.

A

Statute of Limitations

86
Q

What phrase or word matches this definition?

The law enacted in 1996 that provides for criminal sanctions as well as for civil penalties for releasing a patient’s protected health information in a way not authorized by the patient.

A

Health Insurance Portability and Accountability Act (HIPAA)

87
Q

What phrase or word matches this definition?

The process whereby a competent authority, usually the state, allows people to perform a regulated job, trade, or profession.

A

Licensure

88
Q

What phrase or word matches this definition?

A wrongful act that gives rise to a civil lawsuit.

A

Torts

89
Q

What phrase or word matches this definition?

Occurs when a person accused of negligence fails to act as another person with similar training would act under the same or similar circumstances.

A

Breach of Duty

90
Q

What phrase or word matches this definition?

A process in which a person, an institution, or a program is evaluated and recognized as meeting certain predetermined standards to provide safe and ethical patient care.

A

Certification

91
Q

What phrase or word matches this definition?

An action instituted by a person or entity against another person or entity.

A

Civil Lawsuit

92
Q

What phrase or word matches this definition?

An action instituted by the government against a person for violation of criminal law.

A

Criminal Prosecution

93
Q

What phrase or word matches this definition?

In a legal context, legal protection from penalties that could normally be incurred under the law.

A

Immunity