Chapter 3: Medical, Legal, and Ethical Issues

Question 1

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

Answer 1

abandonment

Question 2

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

Answer 2

advance directive

Question 3

the manner in which principles of ethics are incorporated into professional conduct

Answer 3

applied ethics

Question 4

unlawfully placing a patient in fear of bodily harm

Answer 4

assault

Question 5

touching a patient or providing emergency care without consent

Answer 5

battery

Question 6

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

Answer 6

bioethics

Question 7

disclosure of information without proper authorization

Answer 7

breach of confidentiality

Question 8

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

Answer 8

certification

Question 9

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

Answer 9

compensatory damages

Question 10

able to make rational decisions about personal well-being

Answer 10

competent

Question 11

permission to render care

Answer 11

consent

Question 12

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

Answer 12

contributary negligence

Question 13

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

Answer 13

decision making capacity

Question 14

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

Answer 14

defamation

Question 15

blood settling to the lowest point of the body, causing discoloration of the skin

Answer 15

dependent lividity

Question 16

oral questions asked of parties and witnesses under oath

Answer 16

depositions

Question 17

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.

Answer 17

discovery

Question 18

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

Answer 18

do not resuscitate (DNR) orders

Question 19

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.

Answer 19

durable power of attorney for health care

Question 20

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

Answer 20

duty to act

Question 21

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

Answer 21

emancipated minors

Question 22

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

Answer 22

emergency

Question 23

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.

Answer 23

emergency doctrine

Question 24

Immediate care or treatment

Answer 24

emergency medical care

Question 25

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

Answer 25

ethics

Question 26

A type of consent in which a patient gives express authorization for provision of care or transport

Answer 26

expressed consent

Question 27

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

Answer 27

false imprisonment

Question 28

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

Answer 28

forcible restraint

Question 29

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

Answer 29

Good Samaritan Laws

Question 30

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

Answer 30

governmental immunity

Question 31

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

Answer 31

gross negligence

Question 32

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.

Answer 32

health care directive

Question 33

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.

Answer 33

health care proxies

Question 34

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.

Answer 34

implied consent

Question 35

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

Answer 35

informed consent

Question 36

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

Answer 36

in loco parentis

Question 37

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

Answer 37

interrogatories

Question 38

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

Answer 38

kidnapping

Question 39

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

Answer 39

libel

Question 40

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

Answer 40

licensure

Question 41

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

Answer 41

medicolegal

Question 42

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

Answer 42

morality

Question 43

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

Answer 43

negligence

Question 44

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

Answer 44

negligence per se

Question 45

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

Answer 45

patient autonomy

Question 46

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

Answer 46

precedence

Question 47

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

Answer 47

protected healthcare information (PHI)

Question 48

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.

Answer 48

proximate causation

Question 49

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

Answer 49

punitive damages

Question 50

decomposition of body tissues

Answer 50

putrefaction

Question 51

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

Answer 51

res ipsa loquitor

Question 52

stiffening of the body; a definitive sign of death.

Answer 52

rigor mortis

Question 53

most commonly defined by state law; outlines the care you are able to provide for the patient

Answer 53

scope of practice

Question 54

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

Answer 54

slander

Question 55

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

Answer 55

standard of care

Question 56

the time within which a case must be commenced

Answer 56

statute of limitations

Question 57

a wrongful act that gives rise to a civil suit.

Answer 57

tort