Chapter 3 - Medical, Legal and Ethical Issues Flashcards
Standard of care
The care that is expected to be provided by an EMT with similar training
Scope of practice
The actions and care EMTs are legally allowed to perform by the state in which they work
Duty to act
Your legal obligation to provide service
Good Samaritan law
Protects a person who is not being paid for his services from liability for acts performed in good faith unless those acts constitute gross negligence - 1959
Name 3 types of legal protection
Sovereign immunity - governmental immunity
Statute of limitations - time restraint
Contributory negligence - patient contributes in any manner to his own injuries
Ethics
Philosophy specifically directed toward the study of morality
Morals
Concepts of rights and wrongs
Consent
Permission before providing care
Informed consent
Patient must be informed of the care to be provided
Name the 4 types of consent
Expressed consent
Implied consent
Minor consent
Involuntary consent
Expressed consent
Must be obtained from every conscious, mentally competent adult before treatment begins
Implied consent
When you assume that an unresponsive person would consent to emergency care if he could
Consent to treat a minor
Must be obtained from a parent or legal guardian or other person who has been granted limited rights before treating patient w
Involuntary consent
When dealing with mentally incompetent adult or individuals who are in custody of law enforcement or is incarcerated
Advanced directive
Instructions written in advance
POLST
Physician orders for life-sustaining treatment
Competence
The ability to make an informed decision
What does a patient need to prove orientation to as to be deemed lucid?
Person, place, and time
What is res ipsa loquitur?
Meaning things speak for them self
What is negligence per se?
An act is considered to be negligent simply because it is in violation of regulations or protocols
Simple negligence
When an EMT fails to perform care or when a mistake is made
Gross negligence
Willful or extremely reckless patient care far beyond negligent or careless
Proximate cause
Injuries suffered by the patient were the direct result of the EMTs negligence
Intentional tort
An action knowingly committed by an individual that is considered to be civilly wrong according to the law
Assault
Willful threat to inflict harm on a patient
Battery
Act of touching a patient unlawfully without his consent
Defamation
Release of information to the public in either in written or spoken form that is construed to be damaging to that person
Slander
Spoken form of defamation
Libel
The written form or mass media form of defamation
What is HIPAA?
Health Insurance Portability and Accountability Act - 1996 federal law that protects the privacy of the patients health care information
What is COBRA?
Consolidated Omnibus Budget Reconciliation Act - federal regulations that ensure the publics access to emergency health care regardless of ability to pay
What is EMTALA?
Emergency medical treatment and active labor act
Also known as the anti patient dumping
What is dependent lividity?
Discoloration of the skin from blood pooling that is affected by gravity
Name 3 special reporting situations?
Abuse - child, senior, sexual
Crimes - gunshot wounds, knife wounds
Drug related injuries
What is a durable power of attorney?
A person who is legally empowered to make health care decisions for the signer of the document
What is a tort?
Wrongful act, injury or damage
What constitutes negligence?
A tort in which there is no intent to do any harm to the patient but in which a breach in the duty to act occurred
What is abandonment?
Stoping treatment of a patient without transferring care
What is false imprisonment?
Intentionally transporting a competent patient without his consent
