Chapter 3 Medical, Legal, And Ethical Issues Flashcards

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1
Q

Emergency Medical Care

A

Immediate care or treatment

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2
Q

Consent

A

Permission to render care

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3
Q

Decision Making Capacity

A

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

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4
Q

Patient Autonomy

A

The right of a patient to make informed choices regarding his or her health care

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5
Q

Expressed Consent

A

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

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6
Q

Informed Consent

A

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

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7
Q

Implied Consent

A

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

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8
Q

Emergency Doctrine

A

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

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9
Q

Medicolegal

A

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

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10
Q

Emancipated Minors

A

A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult

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11
Q

in loco parentis

A

refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent

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12
Q

Forcible Restraint

A

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

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13
Q

Breach of Confidentiality

A

Disclosure of information without proper authorization

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14
Q

Protected Health Information (PHI)

A

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

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15
Q

Do Not Resuscitate (DNR) order

A

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

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16
Q

Competent

A

Able to make rational decisions about personal well being

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17
Q

Advance Directive

A

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

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18
Q

Health Care Directive

A

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

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19
Q

Durable Powers of Attorney For Health Care

A

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

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20
Q

Health Care Proxies

A

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

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21
Q

Dependent Lividity

A

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

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22
Q

Rigor Mortis

A

Stiffening of the body muscles; a definitive sign of death

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23
Q

Putrefaction

A

Decomposition of body tissue; a definitive sign of death

24
Q

Scope of Practice

A

Most commonly defined by state of law; outlines the care that the EMT is able to provide for the patient

25
Q

Standard of Care

A

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

26
Q

Emergency

A

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

27
Q

Certification

A

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

28
Q

Licensure

A

The process whereby a competent authority, usually the state, allows people to perform a regulated act

29
Q

Credentialing

A

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

30
Q

Duty to Act

A

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

31
Q

Negligence

A

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

32
Q

Proximate Causation

A

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

33
Q

res ipsa loquitor

A

Where the EMT or the EMS system is held liable even when the plaintiff is unable to clearly demonstrate how the injury occurred

34
Q

negligence per se

A

A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of the statute

35
Q

Torts

A

A wrongful act that gives rise to a civil lawsuit

36
Q

Abandonment

A

Unilateral termination of carer 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

37
Q

Assault

A

Unlawfully placing a patent in fear of bodily harm

38
Q

Battery

A

Unlawfully touching a patient or providing emergency care without consent

39
Q

Kidnapping

A

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

40
Q

False Imprisonment

A

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

41
Q

Defamation

A

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

42
Q

Libel

A

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

43
Q

Slander

A

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

44
Q

Good Samaritan Laws

A

Statutory provisions enacted by many states to protect the citizens form liability for errors and omissions in giving good faith emergency medical care, unless there is wanton, gross, or willful negligence

45
Q

Gross Negligence

A

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

46
Q

Ethics

A

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

47
Q

Morality

A

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

48
Q

Bioethics

A

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

49
Q

Applied Ethics

A

The manner in which principles of ethics are incorporated into professional conduct
Statue of Limitations: The time within which a case can be commenced

50
Q

Governmental Immunity

A

Legal doctrine that can protect any 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

51
Q

Contributory Negligence

A

A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff

52
Q

Discovery

A

The phase of a civil lawsuit where the plaintiff and the defense obtain information from each other that will enable the attorneys to have a better understanding of the case and which will assist in negotiation a possible settlement or in preparing for trial. Discovery includes depositions, interrogatories, and ends for production of records

53
Q

Interrogatories

A

Written questions that the defense and plaintiff send to each other

54
Q

Depositions

A

Oral questions asked of parties and witnesses under oath

55
Q

Compensatory Damages

A

Damages awarded in a civil lawsuit that are intended to resolve the plaintiff to the same condition that he or she was in prior to the incident

56
Q

Punitive Damages

A

Damages that are sometimes awarded in civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public