Chapter 3- medical, Legal, And Ethical Issues Flashcards
Consent
Permission
Decision making capacity
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
Patient autonomy
The right of the patient to make decisions concerning his or her health
What should be considered when determining a patients decision making capacity?
- 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?
Expressed consent (actual consent)
The type of consent given where the patient verbally or otherwise it knowledges that he or she want you to provide care or transport
Informed consent
You explained the nature of treatment being offered, also the potential risks, benefits, and alternatives to treatment, and the patient has given consent
Implied consent
Applies only when a serious medical condition exists and should never be used unless there is a threat to life or limb.
Emergency doctrine
The principal of implied consent
Medicolegal
A term relating to medical law
Emancipated minors
People are under the age of 18, but can legally be treated as adults in certain circumstances
In loco parentis
In the position or place of a parent, and can legally give consent if a parent isn’t around
Forcible restraint
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
What can you do when A patient, parent, or guardian refuses treatment or transport in order to protect yourself?
Write a thorough patient care report, along with having them sign an official refusal form
Breach of confidentiality
Talking about confidential information without proper authorization, and can result in a liability
Protected health information (PHI)
Any information about health status, healthcare, or payment for healthcare that can be linked to an individual
Do not resuscitate (DNR) order
To not attempt resuscitation
Competent
Able to make rational decisions about personal well being
Advanced directive
A written document that specifies medical treatment for a competent patient, should he or she become unstable to make decisions
Health care directive
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
What makes a DNR order valid?
- 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
Durable power of attorney for healthcare OR healthcare proxies
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
What are the presumptive signs of death?
- 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
Dependent lividity
Blood settling to the lowest points of the body, causing discoloration of the skin
Rigor mortis
The stiffening of body muscles caused by chemical changes within muscle tissue
Putrefaction
Decomposition of body tissues
What are examples of deaths that may be considered medical examiner cases?
- 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
Scope of practice
The care you are legally allowed to provide for the patient
Standard of care
The manner in which you must act or behave
Emergency
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
Certification
The process by which an individual, institution, or program is evaluated and recognize this meeting certain predetermined standards to ensure safe patient care
Licensure
The process by which a competent authority, usually the state, grants permission to practice a job, trade, or profession
Credentialing
An established process to determine the qualifications necessary to be allowed to practice our particular profession, or the function as an organization
Duty to act
An individual’s responsibility to provide patient care
Negligence
The failure to provide the same care that a person with similar training would provide in the same or similar situation
What four factors is the determination of negligence based on
- Duty: The EMT has an obligation to provide proper care
- Breach of duty
- Damages
- Causation: A reasonable cause and effect relationship between the breach of duty in the damages suffered by the patient
Res ipsa loquitor
When the EMT or an EMS system is held liable even when the plaintiff (accuser) is unable to clearly demonstrate have an injury occurred
Negligence per se
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
Torts
Civil wrongs
Abandonment
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
Assault
Unlawfully placing a person in fear of immediate bodily harm
Battery
Unlawfully touching a person, including providing care with no consent
Kidnapping
The seizing, confining, abducting, or carrying away of a person by force
False imprisonment
Unauthorized confinement of a person that lasts for an appreciable period of time
Defamation
The communication of false info that damages the reputation of a person
Libel
Defamation that is made in writing
Slander
Defamation that’s spoken
Good Samaritan laws
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
What conditions need to be met to be protected by the provisions of a Good Samaritan law
- You acted in good faith and rendering care
- you rendered care without expectation for compensation
- You acted within the scope of your training
- You did not act in a grossly negligent manner
Gross negligence
Conduct the constitutes a willful or reckless disregard for a duty or standard of care
What are two general rules of thumb regarding records and reports
- 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
Ethics
The philosophy of right and wrong, of moral duties, and if I deal professional behavior
Morality
The code of conduct they can be defined by society, religion, or a person, affecting character and conscience
Bioethics
In entire field of ethics that has evolved over the past several decades that addresses issues that arise in the practice of health care
Applied ethics
The manner in which principles of ethics are incorporated into professional conduct
Statue of limitations
The time within which a case must start
Governmental immunity
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
Contributory negligence
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
Discovery
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
Interrogatories
Written questions that each side since to the other
Depositions
Oral questions asked of parties and witnesses Under oath
Compensatory damages
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
Punitive damages
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
