chapter 3 - medicolegal Flashcards
The act of physically preventing an individual from initiating any physical action
forcible restraint
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
health care proxy
Unlawfully touching a patient of providing emergency care without consent
battery
Damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident
compensatory damages
Cooling of the body after death until it matches the ambient temperature
algor mortis
Ability to understand and process information and make a choice regarding appropriate medical care
decision-making capacity
Any information about health status, provision of health care, or payment for health care that can be linked to an individual
protected health information
Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving good-faith emergency medical care, unless there is wanton, gross of willful negligence
Good Samaritan laws
False and damaging information about a person that is communicated in writing
libel
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
A term relating to medical jurisprudence (law) or forensic medicine
medicolegal
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 written document that specifies medical treatment for a component patient, should he or she become unable to make decisions
health care directive
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct or conscience
morality
A legal defense that may be raised when the defendant thinks that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff
contributory negligence
Written documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest
do not resuscitate order
The study of ethics related to issues that arise in health care
bioethics
The communication of false information about a person that is damaging to that person’s reputation or standing in the community
defamation
Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public
punitive damages
Oral questions asked of parties and witnesses under oath
depositions
The philosophy of right and wrong, or moral duties, and of ideal professional behavior
ethics
Failure to provide the same care that a person with similar training would provide
negligence
Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death
dependent lividity
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
Most commonly defined by state law; outlines the care that the EMT is able to provide for the patient
scope of practice
The time within which a legal case must be commenced
statute of limitations
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
The confinement of a person without legal authority or the person’s consent
false imprisonment
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
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
Decomposition of body tissues; a definitive sign of death
putrefaction
Conduct that constitutes a willful or reckless disregard for a duty or standard of care
gross negligence
A type of advance directive executed by a component 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
Written questions that the defense and plaintiff send to one another
interrogatories
Legal doctrine that can protect an EMS provider from being sued or that may limit the amount of the monetary judgement that the plaintiff may recover
governmental immunity
Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained
informed consent
A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport
expressed consent
Unlawfully placing a patient in fear of bodily harm
assault
Wrongful acts that give rise to a civil lawsuit
torts
A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult
emancipated minor
Immediate care or treatment
emergency medical care
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
When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred
res ipsa loquitur
A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care
duty to act
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 effect of drugs or alcohol, or the patient’s age
emergency doctrine
The right of a patient to make informed choices regarding his or her health care
patient autonomy
Able to make rational decisions about personal well-being
competent
The phase of a civil lawsuit where the plaintiff and defense obtain information from each other that will enable the attorneys to have a better understanding of the case and which will assist in negotiating a possible settlement or in preparing for trial
discovery
The manner in which principles of ethics are incorporated into professional conduct
applied ethics
Stiffening of the body muscles; a definitive sign of death
rigor mortis
False and damaging information about a person that is communicated by spoken word
slander
Disclosure of information without proper authorization
breach of confidentiality
Permission to render care
consent
Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions
advance directive
Written, accepted levels of emergency care expected by reason of training and profession
standard of care
