Chapter 3- Medical, Legal, and Ethical Issues Flashcards
a health care provider usually avoids legal exposure if he or she acts: in good faith, according to an appropriate
standard of care
EMTs are the first link in the chain of
prehospital care
… is permission to render care
consent
if the patient is conscious and rational, and capable of making informed decisions, he/she has the legal right to …
refuse care
the foundation of consent is … capacity: the patient can understand and process info given, the patient can make an … choice regarding medical care
decision-making; informed
… is the patient’s right to make decisions about his/her health
patient autonomy
factors related to patient’s decision-making capacity:
mental … or …
if the patient is of legal age
if the patient is intoxicated, on drugs, impaired by a serious injury/illness
if the patient is experiencing sig pain
if patient has sign injury that could … them from more serious injury
hearing/visual problems
… barrier
if the patient understands/ is rational
limitation; dementia; distract; language
…: the patient acknowledges that he/she wants you to provide care/transport
expressed consent
to be valid, the patient must provide … consent, which means you have explained the treatment being offered, along with the potential risks, benefits, and alternatives, as swell as potential consequences of refusing
informed
always document when a patient provides informed consent, or have someone … the patient’s consent
witness
implied consent applies to patients who are:
…
otherwise incapable of making a …, … decision about care
unconscious; rational; informed
implied consent applies only when a serious medical condition exists and should never be used unless there is a threat ot … or …
life; limb
the principle of implied consent is known as the
emergency doctrine
it is a good idea to try to get consent from a …/… before treating a patient based on implied consent
spouse; relative
involuntary consent applies to patients who are:’
… ill
in a … (psychological) crisis
…. delayed
mentally; behavioral; developmentally
in cases of involuntary consent: obtain consent from the … or …–> It is not always possible to obtain such consent, so understand your local provisions. For example, many states have protective custody statutes that allow such a person to be taken, under law enforcement authority, to a medical facility.
guardian; conservator
for minors, the … or … gives consent: in every state, when a parent cannot be reached to provide consent, health care providers are allowed to give emergency care
parent; legal guardian
in some states, a minor can give consent. depends on … and …
age; maturity
emancipated minor: a person under legal age but is legally considered an …, occurs primarily when minors are …, if they are members of the .., or if they are …
adult; married; armed services; parents
teachers ands chool officals may act in place of parents (…) and provide consent for treatment to injuries that occur in a school/camp
in loco parentis
If a true emergency exists and no consent is available, the consent to treat the minor is .., just as with an adult.
implied
Necessary with a patient who is in need of medical treatment and transportation but is combative and presents a significant risk of danger to self or others: …
forcible restraint
forcible restraint is legally permissible: consult … for authorization, in some states, only a … may forcibly restrain an individual
medical control; law enforcement officer
restraint without legal authority exposes you to potential … and … penalties
civil; criminal
If restraint is utilized, it is essential to protect the patient’s …and monitor the patient’s … status to avoid asphyxia, aspiration, and other complications.
airway; respiratory
adults who are conscious, alert, and appear to have decision-making capacity: can … from treatment at any time, even if the result is death/serious injury
withdraw
a patient, parent, or caregiver’s decision to accept/refuse treatment should be based on info that you provide:
your assessment of what might be …
a description of the … you feel is necessary
any possible … of treatment
the availability of .. treatments
the possible consequences of … treatment: all of this information should be included in the patient care report
wrong; treatment; risks; alternative; refusing
when treatment is refused, you must assess the patient’s ability to make an informed decision:
- ask and repeat ..
- assess the patient’s …
- observe the patient’s …
questions; answers; behavior
if the patient appears confused or delusional, you cannot assume that the decision to refuse is an
informed refusal
patients who have attempted suicide or conveyed suicidal intent should not be regarded as having
normal mental capacity
when in doubt, providing … is a much more defensible position than failing to treat a patient
treatment
in most states, records may be released only:
if the patient signs a …
if a legal … is presented
if they are needed by …
release; subpoena; billing personnel