Chapter 3 - Medical, Legal, and Ethical Issues Flashcards
Abandonment
Stopping treatment of a patient without transferring the care to another competent professional of an equal or higher level of training and certification or license.
Advance Directive
Instructions written in advance, against resuscitation, signed by the patient, is a legally recognized document.
Assault
Willful threat to inflict harm on a patient.
Battery
Act of touching a patient unlawfully without their consent.
Consent
Permission
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Federal regulation that ensures the public’s access to emergency health care regardless of ability to pay.
Defamation
Release of information to the public in either a written or spoken form that is construed to be damaging to that persons character, reputation, or standing within the community.
DNR order
Legal document or order that most often governs resuscitation issues only.
Durable power of attorney
AKA Health Care Proxy, designated a person who is legally empowered to make health care decisions for the signer of the document if he is unable to do so for himself.
Duty to act
Legal obligation to provide service whether you think the patient needs an ambulance or not.
Emergency Medical Treatment and Active Labor Act (EMTALA)
Known as the anti-patient dumping statute. Specifically deals with patient seeking medical care for an injury or illness.
Expressed Consent
I want to go to the hospital.
False Imprisonment
Kidnapping. Intentionally transporting a patient without his consent.
Good Samaritan Law
Protects a person who is not being paid for his services from liability for acts performed in good faith unless those acts constitute gross negligence.
Health Insurance Portability and Accountability Act (HIPAA)
Est. 1996. Federal law that protects the privacy of patient health care information and gives the patient control over how the information is distributed and used.
Implied Consent
Emergency Doctrine. Occurs when you assume a patient who is unresponsive or unable to make a rational decision would consent to emergency care if he could.
Informed Consent
When patient is informed of the care to take place and agrees.
Intentional Tort
Action knowingly committed by an individual that is considering civilly wrong according to the law. IE abandonment, assault, battery, false imprisonment, and defamation.
Involuntary Consent
Applied when you are dealing with a mentally incompetent adult or with an individual who is in custody of law enforcement or is incarcerated.
Libel
Written word of defamation.
Living will
Cover more general health issues including long term life support equipment such as ventilators and feeding. A type of advance directive.
Minor Consent
Consent to treat a minor. Obtained from parent or legal guardian. Any person under age 18 or 21.
Negligence
A tort in which there isn’t intent to harm but it happen.
Physician Orders for Life-Sustaining Treatment (POLST)
Medical orders for life sustaining treatment. Designed to allow patient to choose and express the level of treatment they desire in case of deterioration prior to the need for resuscitation. For peeps with like a year left to live.
