Chapter 3 Medical, Legal, And Ethical Issues Flashcards
Emergency Medical Care
Immediate care or treatment
Consent
Permission to render care
Decision Making Capacity
Ability to understand and process information and make a choice regarding appropriate medical care
Patient Autonomy
The right of a patient to make informed choices regarding his or her health care
Expressed Consent
A type of consent in which a patient give verbal or nonverbal authorization for provision of care or transport
Informed Consent
Permission for treatment given by a competent patient after the potential risks, benefits, an alternatives to treatment have been explained
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
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 patients age
Medicolegal
A term relating to medical jurisprudence (law) or forensic medicine
Emancipated Minors
A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult
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
Forcible Restraint
The act of physically preventing an individual from initiating any physical action
Breach of Confidentiality
Disclosure of information without proper authorization
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
Do Not Resuscitate (DNR) order
Written documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest
Competent
Able to make rational decisions about personal well being
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
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
Durable Powers 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
Health Care Proxies
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
Dependent Lividity
Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death
Rigor Mortis
Stiffening of the body muscles; a definitive sign of death
Putrefaction
Decomposition of body tissue; a definitive sign of death
Scope of Practice
Most commonly defined by state of law; outlines the care that the EMT is able to provide for the patient
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
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
Certification
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
Licensure
The process whereby a competent authority, usually the state, allows people to perform a regulated act
Credentialing
An established process to determine the qualification necessary to be allowed to practice a particular profession, or to function as an organization
Duty to Act
A medicolegal term relation to certain personnel who either by statute or by function have a responsibility to provide care
Negligence
Failure to provide the same care that a person with similar training would provide
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
res ipsa loquitor
Where the EMT or the EMS system is held liable even when the plaintiff is unable to clearly demonstrate how the injury occurred
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 the statute
Torts
A wrongful act that gives rise to a civil lawsuit
Abandonment
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
Assault
Unlawfully placing a patent in fear of bodily harm
Battery
Unlawfully touching a patient or providing emergency care without consent
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
False Imprisonment
The confinement of a person without legal authority or the person’s consent
Defamation
The communication of false information about a person that is damaging to that person’s reputation or standing in the community
Libel
False and damaging information about a person that is communicated in writing
Slander
False and damaging information about a person that is communicated by the spoken word
Good Samaritan Laws
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
Gross Negligence
Conduct that constitutes a willful or reckless disregard for a duty or standard of care
Ethics
The philosophy of right and wrong, of moral duties, and of ideal professional behavior
Morality
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct and conscience
Bioethics
The study of ethics related to issues that arise in health care
Applied Ethics
The manner in which principles of ethics are incorporated into professional conduct
Statue of Limitations: The time within which a case can be commenced
Governmental Immunity
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
Contributory Negligence
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
Discovery
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
Interrogatories
Written questions that the defense and plaintiff send to each other
Depositions
Oral questions asked of parties and witnesses under oath
Compensatory Damages
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
Punitive Damages
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
