Chapter 3 Medical, Legal, and Ethical Issues Flashcards
The confinement of a person without legal authority or the person’s consent.
false imprisonment
The time within which a case must be commenced.
statute of limitations
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 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
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
Written questions that the defense and plaintiff send to one another.
interrogatories
Statutory provisions enacted by states to protect citizens from liability for errors and omissions in giving good faith emergency medical care, unless there is wanton, gross, or willful negligence.
Good Samaritan laws
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
A type of consent in which a patient gives express authorization for provision of care or transportation.
expressed consent
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.
morality
The process whereby a competent authority, usually the state, allows individuals to perform a regulated act.
licensure
A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult.
emancipated minors
The phase of a civil suit where the plaintiff and defense obtain information from each that will enable the attorneys to have a better understanding of the case, which will assist them in negotiating a possible settlement or in preparing for trial. This phase includes depositions, interrogatories, and demands for production of records.
discovery
Touching a patient or providing emergency care without consent.
battery
Blood settling to the lowest point of the body, causing discoloration of the skin.
dependent lividity
Immediate care or treatment
emergency medical care
It may mean that you cannot be sued or it may limit the amount of monetary judgment that the plaintiff may recover; generally applies only to EMS services that are operated by municipalities or other governmental agencies.
governmental immunity
Stiffening of the body; a definitive sign of death.
rigor mortis
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
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.
health care proxies
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
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
A term relating to medical jurisprudence (law) or forensic medicine.
medicolegal
The time within which a case must be commenced.
statue of limitations
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
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
Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained.
informed consent
Permission to render care.
consent
The act of physically preventing an individual from initiating any physical action.
forcible restraint
The manner in which principles of ethics are incorporated into professional conduct.
applied ethics
Unlawfully placing a patient in fear or bodily harm.
assault
False and damaging information about a person that is communicated by the spoken word.
slander
Disclosure of information without proper authorization.
breach of confidentiality
A wrongful act that gives rise to a civil suit.
tort
Most commonly defined by state law; outlines the care you are able to provide for the patient.
scope of practice
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
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
A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care.
duty to act
The philosophy of right and wrong, of moral duties, and of ideal professional behavior.
ethics
Decomposition of body tissues.
putrefaction
The communication of false information about a person that is damaging to that person’s reputation or standing in the community.
defamation
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
Able to make rational decisions about personal well-being.
competent
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
Oral questions asked or parties and witnesses under oath.
depositions
The study of ethics related to issues that arise in health care.
bioethics
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
False and damaging information about a person that is communicated in writing.
libel
Written, accepted levels of emergency care expected by reason or training and profession; written by legal or professional organizations so that patients are not exposed to unreasonable risk or harm.
standard of care
Ability to understand and process information and make a choice regarding appropriate medical care.
decision-making capacity
Conduct that constitutes a willful or reckless disregard for a duty or standard of care.
gross negligence
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
