Chapter 3- medical, Legal, And Ethical Issues Flashcards

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1
Q

Consent

A

Permission

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2
Q

Decision making capacity

A

The ability of a patient to understand the information you’re providing, along with the ability to process that information and make it informed choice regarding medical care

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3
Q

Patient autonomy

A

The right of the patient to make decisions concerning his or her health

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4
Q

What should be considered when determining a patients decision making capacity?

A
  • is their intellectual capacity altered?
  • age (18 in most states)
  • is the patient impaired?
  • does the patient seem to be experiencing significant pain?
  • are there any hearing or visual problems?
  • does the patient have a significant injury that could distract him from a more serious injury?
  • language barrier
  • does patient understand what your saying l?
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5
Q

Expressed consent (actual consent)

A

The type of consent given where the patient verbally or otherwise it knowledges that he or she want you to provide care or transport

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6
Q

Informed consent

A

You explained the nature of treatment being offered, also the potential risks, benefits, and alternatives to treatment, and the patient has given consent

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7
Q

Implied consent

A

Applies only when a serious medical condition exists and should never be used unless there is a threat to life or limb.

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8
Q

Emergency doctrine

A

The principal of implied consent

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9
Q

Medicolegal

A

A term relating to medical law

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10
Q

Emancipated minors

A

People are under the age of 18, but can legally be treated as adults in certain circumstances

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11
Q

In loco parentis

A

In the position or place of a parent, and can legally give consent if a parent isn’t around

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12
Q

Forcible restraint

A

Sometimes necessary when your confronted with a patient who is in need of medical treatment but is being combative or causing a risk to you and your team

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13
Q

What can you do when A patient, parent, or guardian refuses treatment or transport in order to protect yourself?

A

Write a thorough patient care report, along with having them sign an official refusal form

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14
Q

Breach of confidentiality

A

Talking about confidential information without proper authorization, and can result in a liability

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15
Q

Protected health information (PHI)

A

Any information about health status, healthcare, or payment for healthcare that can be linked to an individual

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16
Q

Do not resuscitate (DNR) order

A

To not attempt resuscitation

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17
Q

Competent

A

Able to make rational decisions about personal well being

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18
Q

Advanced directive

A

A written document that specifies medical treatment for a competent patient, should he or she become unstable to make decisions

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19
Q

Health care directive

A

A written document that specifies medical treatment for a competent patient should he or she become unstable to make decisions. Also known as an advanced directive

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20
Q

What makes a DNR order valid?

A
  • clear statement of the patients medical problems
  • signature of the patient or legal guardian
  • signature of one or more physicians or other licensed healthcare providers
  • in some states, DNR orders contain an expiration date. DNR orders with expiration dates maybe dated in the preceding 12 months to be valid
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21
Q

Durable power of attorney for healthcare OR healthcare proxies

A

A type of advanced 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 lose his decision-making capacity

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22
Q

What are the presumptive signs of death?

A
  • unresponsive to painful stimuli
  • lack of a carotid pulse or heartbeat
  • absence of chest rise and fall
  • no deep tendon or corneal reflexes
  • absence of pupillary activity
  • no systolic blood pressure
  • profound cyanosis
  • lowered or decreased body temp
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23
Q

Dependent lividity

A

Blood settling to the lowest points of the body, causing discoloration of the skin

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24
Q

Rigor mortis

A

The stiffening of body muscles caused by chemical changes within muscle tissue

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25
Q

Putrefaction

A

Decomposition of body tissues

26
Q

What are examples of deaths that may be considered medical examiner cases?

A
  • when the person is dead on arrival
  • death without previous medical care or when the physician is unable to state the cause of death
  • suicide
  • violent death
  • poisoning, known or suspected
  • death resulting from accidents
  • suspicion on criminal acts
  • infant and child deaths
27
Q

Scope of practice

A

The care you are legally allowed to provide for the patient

28
Q

Standard of care

A

The manner in which you must act or behave

29
Q

Emergency

A

A serious situation, such as an illness or injury that arises suddenly, threatens the life or welfare of a person or group of people and requires immediate attention

30
Q

Certification

A

The process by which an individual, institution, or program is evaluated and recognize this meeting certain predetermined standards to ensure safe patient care

31
Q

Licensure

A

The process by which a competent authority, usually the state, grants permission to practice a job, trade, or profession

32
Q

Credentialing

A

An established process to determine the qualifications necessary to be allowed to practice our particular profession, or the function as an organization

33
Q

Duty to act

A

An individual’s responsibility to provide patient care

34
Q

Negligence

A

The failure to provide the same care that a person with similar training would provide in the same or similar situation

35
Q

What four factors is the determination of negligence based on

A
  1. Duty: The EMT has an obligation to provide proper care
  2. Breach of duty
  3. Damages
  4. Causation: A reasonable cause and effect relationship between the breach of duty in the damages suffered by the patient
36
Q

Res ipsa loquitor

A

When the EMT or an EMS system is held liable even when the plaintiff (accuser) is unable to clearly demonstrate have an injury occurred

37
Q

Negligence per se

A

A theory that may be used when the conduct of the person being sued is allergic to of occurred in clear violation of the statute

38
Q

Torts

A

Civil wrongs

39
Q

Abandonment

A

It’s termination of care by the EMT it without the patient’s consent and without making any provisions for continuing care by a medical professional who is competent to provide care for the patient

40
Q

Assault

A

Unlawfully placing a person in fear of immediate bodily harm

41
Q

Battery

A

Unlawfully touching a person, including providing care with no consent

42
Q

Kidnapping

A

The seizing, confining, abducting, or carrying away of a person by force

43
Q

False imprisonment

A

Unauthorized confinement of a person that lasts for an appreciable period of time

44
Q

Defamation

A

The communication of false info that damages the reputation of a person

45
Q

Libel

A

Defamation that is made in writing

46
Q

Slander

A

Defamation that’s spoken

47
Q

Good Samaritan laws

A

The common law or principal that when you reasonably hope another person, you should not be liable for errors and omissions that are made and giving good faith emergency care

48
Q

What conditions need to be met to be protected by the provisions of a Good Samaritan law

A
  1. You acted in good faith and rendering care
  2. you rendered care without expectation for compensation
  3. You acted within the scope of your training
  4. You did not act in a grossly negligent manner
49
Q

Gross negligence

A

Conduct the constitutes a willful or reckless disregard for a duty or standard of care

50
Q

What are two general rules of thumb regarding records and reports

A
  • if an action or procedure wasn’t written on the written report, it was not performed
  • and incomplete or untidy report is evidence of incomplete or an expert emergency medical care
51
Q

Ethics

A

The philosophy of right and wrong, of moral duties, and if I deal professional behavior

52
Q

Morality

A

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

53
Q

Bioethics

A

In entire field of ethics that has evolved over the past several decades that addresses issues that arise in the practice of health care

54
Q

Applied ethics

A

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

55
Q

Statue of limitations

A

The time within which a case must start

56
Q

Governmental immunity

A

Legal doctrine that can protect an EMS provider from being sued or which may limit the amount of monetary judgment that the plaintiff may recover

57
Q

Contributory negligence

A

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

58
Q

Discovery

A

And opportunity for both sides to obtain information that will enable the attorneys to have a better understanding of the case and assist in negotiating a settlement

59
Q

Interrogatories

A

Written questions that each side since to the other

60
Q

Depositions

A

Oral questions asked of parties and witnesses Under oath

61
Q

Compensatory damages

A

These damages are intended to compensate the plaintiff for the injuries he or she sustained such as medical bills, damages to property, lost earnings, and physical or emotional pain and suffering

62
Q

Punitive damages

A

Not commonly awarded the negligence cases in a reserved for those cases where the defendant has acted intentionally or with the reckless disregard for the safety of the public