Chapter 3: Medical, Legal, and Ethical Issues Flashcards
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
abandonment
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
advance directive
the manner in which principles of ethics are incorporated into professional conduct
applied ethics
unlawfully placing a patient in fear of bodily harm
assault
touching a patient or providing emergency care without consent
battery
the study of ethics related to issues that arise in health care
bioethics
disclosure of information without proper authorization
breach of confidentiality
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 care
certification
damages awarded in a civil suit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident complained about in the lawsuit
compensatory damages
able to make rational decisions about personal well-being
competent
permission to render care
consent
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
contributary negligence
ability to understand and process information and make a choice regarding appropriate medical care
decision making capacity
The communication of false information about a person that is damaging to that person’s reputation or standing in the community
defamation
blood settling to the lowest point of the body, causing discoloration of the skin
dependent lividity
oral questions asked of parties and witnesses under oath
depositions
the phase of a civil suit 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. Discovery includes depositions, interrogatories, and demands for production of records.
discovery
Written documentation by a physician giving permission for medical personnel to not attempt resuscitation in the event of cardiac arrest
do not resuscitate (DNR) orders
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.
durable power of attorney for health care
a medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care.
duty to act
A person who is under legal age in a given state but, because of other circumstances, is legally considered an adult.
emancipated minors
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
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 doctrine
Immediate care or treatment
emergency medical care
The philosophy of right and wrong, of moral duties, and of ideal professional behavior
ethics
A type of consent in which a patient gives express authorization for provision of care or transport
expressed consent
The confinement of a person without legal authority or the person’s consent
false imprisonment
the act of physically preventing an individual from initiating any physical action
forcible restraint
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 a wanton, gross, or willful negligence
Good Samaritan Laws
If your service is covered by immunity, it may mean that you cannot be sued or it may limit the amount of the monetary judgement that the plaintiff may recover; generally applies only to EMS services that are operated by municipalities or other governmental entities
governmental immunity
conduct that constitutes a willful or reckless disregard for a duty or standard of care
gross negligence
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 living will.
health care directive
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 durable power of attorney for health care.
health care proxies
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.
implied consent
permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained
informed consent
refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
in loco parentis
written questions that the defense and plaintiff send to one another.
interrogatories
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
kidnapping
false and damaging information about a person that is communicated in writing.
libel
The process whereby a competent authority, usually the state, allows individuals to perform a regulated act.
licensure
a term relating to medical jurisprudence (law) or forensic medicine
medicolegal
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience
morality
failure to provide the same care that a person with similar training would provide
negligence
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
negligence per se
the right of a patient to make informed choices regarding his or her health care
patient autonomy
basing current action on lessons, rules, or guidelines derived from previous experiences.
precedence
Any information about health statue, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and included any part of a patient’s medical record or payment history
protected healthcare information (PHI)
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.
proximate causation
damages that are sometimes awarded in a civil suit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public
punitive damages
decomposition of body tissues
putrefaction
When the EMT or an EMS service is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred.
res ipsa loquitor
stiffening of the body; a definitive sign of death.
rigor mortis
most commonly defined by state law; outlines the care you are able to provide for the patient
scope of practice
false and damaging information about a person that is communicated by the spoken word
slander
written, accepted levels of emergency care expected by reason of training and profession; written by legal or professional organizations so that the patients are not exposed to unreasonable risk or harm
standard of care
the time within which a case must be commenced
statute of limitations
a wrongful act that gives rise to a civil suit.
tort
