Chapter 4 Legal and Regulatory Flashcards
Abandonment
Terminating care when it is still needed and desired by the patient and without ensuring that appropriate care continues to be provided by another qualified healthcare provider
Administrative law
A branch of law that deals with rules, regulations, orders, and decisions created by governmental agencies
Advance Directive
A document in which a competent person gives instructions to be follwed regarding his or her healthcare in the event the person later becomes incapacitated and unable to make or communicate those decisions to others.
Assault
A threat of imminent bodily harm to another person by someone with the obvious ability to carry out the threat
Battery
Touching or contact with a person without their consent
Breach of duty
Violation by thee defendant of the standard of care applicable to the circumstances
Case law
Interpretations of constitutional, statutory, or administartice law made by the courts; also referred to as common law or jundge-made law
Causation
In a negligence case, the negligence of the defendant must have caused or created the harm sustained by the plaintiff; also reffered to as proximate cause
Certification
recognition of minimal competency in certain skills or tasks
Chemical Retraints
agents such as sedatives that can suppress a patients neurologic and/or motor capabilities and reduce the threat to the paramedic; also known as pharmacologic restraints
Civil law
a branch of law that deals with torts (civil wrongs) committed by one individual, organization, or group against another
Concurrent medical direction
Consultation with a physician or other advanced healthcare professional by telephone, radio, or other electronic means, permitting the physician and paramedic to decide together on the best course of action in the delivery of patient care
Confidentiality
Protection of patient info. in any form and the disclosure of that info. only as needed for patient care or otherwise permitted ny law
Consent
Permission
Contributory negligence
An injuried plaintiff;s failure to exercise due care that, along with the defendants negligence, contributed to the injury
Criminal law
A branch of law in which the federal, state, local government prosecutes individuals on behalf of society for violating laws designd to safegaurd society
Damages
Compensable harm or other losses incurred by an injured pary (plaintiff) because of the negligence of the defendant
Defamation
The publication of falses info. about a person that tends to blacken the person’s character or injure his or her reputation
Defendant
The person or institution being sued; also called the respondent
DNR
Do not resuscitate orders
Due process
the constitutional guarantee that laws and legal proceedings must be fair regarding an individual’s legal rights
Duty to act
a legal obligation (created by statute, contrast, or voluntarily) to provide services
Emancipated minor
A self-supporting minor. this status often depends on the minor receiving an actual court order of emancipation
Emergency Medical Treatment and Active Labor Act
EMTALA
a federal law that requires a hospital to providde a medical screening examination to anyone who comes to that hospital and to provide stabilizing treatment to anyone with an emergency medical condition, without considering the patients ability to pay
Expressed consent
Permission diven by a patient of his or her responsible decisionmaker either verbally or through some physical expression of consent
False imprisonment
Confinement or restraint of a person againts his or her will or without appropriate legal justification
Immunity
Protection from legal liabilty in accordance with applicable laws
Implied consent
The permission that a patient who is ill or injured and unable to give sonsent for any reason would agree to the delivery of emergency healthcare necessitated by his or her condition
Intentional tort
A wrong in which the defendant meant to cause the harmful action
Invasion of privacy
Disclosure or publication of personal or private facts about a person to a person or persons not authorized to receive such information
Involuntary consent
The rendering of care to a person under specific legal suthority, even if the patient ddoe not consent to the care
Jurisprudance
The theory and philosophy of law
Liability
The legal responsibility of a party for the consequences of his or her acts or omissions
Libel
False statements about a person made in writting that blacken the person’s character or injure his or her reputation
Licensure
Recognition of minimal competency and the completion of precribed education or training in a profession or occupation
Malfeasance
Performing a wrongful act
Medical direction
Physician oversight of paramedic practice; also called medical control
Medical Practice Act
Legislation that governs the practice of medicine; may perscribe how and to what extent a physician may delegate authority to a paramedic to perform medical acts; varies from state to state
