Chapter 4 Flashcards
abandonment
Termination of care for the patient without giving the patient sufficient opportunity to find another suitable health care professional to take over his or her treatment.
advance directive
a written document or oral statement that expresses the wants. needs. and desires of a patient in reference to future medical care examples include living wills, do not resuscitate orders and organ donation choices.
assault
to create in another person a fear of bodily harm or invasion of bodily security.
battery
any act of touching another person without that persons consent.
civil suit
an action instituted by a private person or coperation against another private person or coperation.
consent
agreement by the patient to accept a medical intervention
contributory negligence
act(s) committed by plaintiff that contributes to adverse outcomes
criminal prosecution
an action instituted by the government against a private person for violation of criminal law.
damages
compensation for injury awarded by the court.
decision-making capacity
the patients ability to understand and process the information you give him or her about your proposed plan of care
defamation
intentionally making false statement. through written or verbal communication, which injures a persons good name or reputation
defendant
in a civil suit the person whom legal action is brought
do not resuscitate (DNR) order
a type of advance directive that describes which life-sustaining procedures should be performed in the event of a sudden deterioration in a patients medical condition
due process
a right to a fair procedure for a legal action against a person or agency, has two components: Notice and Opportunity to be heard
duty
Legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction
emancipated minor
A person who is under the legal age in a given state, but is legally considered an adult because of it.
EMTALA
The Emergency Medical Treatment and Active Labor Act enacted in 1986 to combat the practice of patient dumping( hospitals refusing to admit seriously ill patients or women in labor who could not pay. forcing EMS providers to dump the patients at another hospital
) EMTALA regulates hospitals that receive medicare funding and severly fines hospitals or doctors who violate its provisions.
ethics
a set of values in society that differentiates right from wrong
expressed consent
a type of informed consent that occurs when the patient does something either through words or by taking some sort of action that demonstrates permission to provide care
false imprisionment
the intentional and unjustifiable detention of a person against his /or her will
Good Samaritan law
A statute providing limited immunity from liability to persons responding voluntarily and in good faith to the aid of an injured person outside the hospitals.
gross negligence
Negligence that is willful, wanton, intentional, or reckless, a serious departure from the accepted standards.
healthcare power of attorney
a legal document that allows another person to make healthcare decisions for the pt including withdrawal and withholding of care when the pt is incapacitated
HIPPA
the health insurance portability and accountability act that was enacted in 1966, providing for criminal sanctions as well as for civil penalties for releasing a patients protected health information in a way not authorized by the patient
hostile environment
situation in which an employer or an employers agent either creates or allows to continue an offensive practice related to sex that makes it uncomfortable or impossible for an employee to continue working.
immunity
legal protection from penalties that could normally be incurred under the law
implied consent
assumption on behalf of a person unable to give consent that he or she would have done so
in loco parentis
phrase used to describe situations in which a designated authority figure makes medical treatment and transport decisions for a minor child when a parent is not available
informed consent
a patients voluntary agreement to be treated after being told about the nature of the disease, the risks, and benefits of the proposed treatments, alternative treatments, or the choice of no treatments at all.
involuntary consent
an oxymoron, as consent is never involuntary , often used to describe a figure of authority dictating medical care to be given to someone in custody, incapacitated, or a minor
liability
a finding in civil cases that the preponderance of the evidence shows the defendant was responsible for the plaintiffs injuries
libel
making a false statement in written form that injures a persons good name
living will
a type of advanced directive, generally requiring a precondition for withholding resuscitation when the patient is incapacitated
malfeasance
unauthorized act committed outside the scope of medical practice defined by law
Medical Practice Law
an act that usually defines the minimum qualifications of those who may perform various health services defines the skills that each type of practicioner is legally permitted to use and establishes a means of licensure or certification for different categories of health care professionals
misfeasance
appropriate act performed in an improper manner such as medication administered at the wrong dose.
morality
pertaining to conscience, conduct, character.
negligence
professional action or inaction on the part of the health care worker that does not meet the standard of ordinary care expected of similarly trained and prudent health care practitioners that result in injury to the patient
negligence per se
inexcusable violation of a statute, such as practicing without a valid license of certification
nonfeasance
failing to perform a required or expected act.
ordinary negligence
negligence that is failure to act or a simple mistake that causes harm to a patient.
palliative care
a type of care intended to provide comfort, relief from pain
patient autonomy
the right to direct ones own care , and to decide how you want your end of life care provided
plaintiff
in a civil suit, the person who brings legal action against another person
proximate cause
the specific reason that an injury occurred: one of the items that just might be proven in order for a paramedic to be held liable for negligence
punitive damages
compensation usually monetary awarded to a plaintiff for intentional or reckless acts committed by the defendant
qualified immunity
protection in which the paramedic is only held liable when the plaintiff can show that the paramedic violated clearly established law of which he or he should have known.
quid pro quo
circumstance in which a person in authority attempts to exchange some work related benefit such as a raise or promotion for sexual favors
res ipsa loquitur
theory of negligence that assumes an injury can only occur when a negligent act occurs
scope of practice
what a state permits a paramedic practicing under a license or certification to do
slander
verbally making a false statement that injures a persons good name
standard of care
what a reasonable paramedic with training would do in the same or a similar situation
statutes of limitations
laws that limit the time within which a lawsuit maybe filed
surrogate decision maker
a person designated by a patient to make health-care decisions as the patients would want when the patient becomes incapable of making decisions
tort
a wrongful act that gives rise to a civil suit
triage
process of establishing treatment and transport priorities according to severity of injury and medical need
