Chapter 4 - Legal and Regulatory Issues

Question 1

Abandonment

Answer 1

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 professional.

Question 2

Administrative Law

Answer 2

A branch of law that deals with rules, regulations, orders, and decisions created by governmental agencies.

Question 3

Advanced Directive

Answer 3

A document in which a competent person gives instructions to be followed regarding his/her healthcare in the event the person later becomes incapacitated and unable to make or communicate those decisions to others.

Question 4

Assault

Answer 4

A threat of imminent bodily harm to another person by someone with the obvious ability to carry out the threat.

Question 5

Battery

Answer 5

Touching or contact with another person without that person’s consent

Question 6

Breach of Duty

Answer 6

Violation by the defendant of the standard of care applicable to the circumstances.

Question 7

Case Law

Answer 7

Interpretations of constitutional, statutory, or administrative law made by the courts; also referred to as common law or judge-made law.

Question 8

Causation

Answer 8

In a negligence case, the negligence of the defendant must have caused or created the harm sustained by the plaintiff; also referred to as proximate cause

Question 9

Certification

Answer 9

Recognition of minimal competency in certain skills or tasks

Question 10

Chemical Restraints

Answer 10

Agents such as sedatives that can suppress a patient’s neurologic and/or motor capabilities and reduce the threat to the paramedic; also know as pharmacologic restraints

Question 11

Civil Law

Answer 11

A branch of law that deals with torts (civil wrongs) committed by one individual, organization or group against another

Question 12

Concurrent medical direction

Answer 12

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 pt care

Question 13

Confidentiality

Answer 13

Protection of patient information in any form and the disclosure of that information only as needed for patient care or as otherwise permitted by law

Question 14

Consent

Answer 14

Permission

Question 15

Contributory Negligence

Answer 15

An injured plaintiff’s failure to exercise due care that, along with the defendant’s negligence, contributed to the injury

Question 16

Criminal Law

Answer 16

A branch of law in which the federal, state, or local government prosecutes individuals on behalf of society for violating laws designed to safeguard society

Question 17

Damages

Answer 17

Compensable harm or other losses incurred by an injured party (plaintiff) because of the negligence of the defendant.

Question 18

Defamation

Answer 18

The publication of false information about a person that tends to blacken the person’s character or injure his/her reputation

Question 19

Defendant

Answer 19

The person or institution being sued; also called the respondent

Question 20

DNR

Answer 20

Do Not Resuscitate orders

Question 21

Due Process

Answer 21

The constitutional guarantee that laws and legal proceedings must be fair regarding an individual’s legal rights

Question 22

Duty to Act

Answer 22

A legal obligation (created by astute, contract, or voluntarily) to provide services.

Question 23

Emancipated Minor

Answer 23

A self-supporting minor. This status often depends on the minor receiving and actual court order of emancipation.

Question 24

Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer 24

A federal law that requires a hospital to provide a medical screening examination to anyone who comes to that hospital and to provide stabilizing treatment to anyone with an emergent medical condition, without considering the patients ability to pay

Question 25

Expressed Consent

Answer 25

Permission given by a patient or his/her responsible decision maker either verbally or through some physical expression of consent

Question 26

False Imprisonment

Answer 26

Confinement or restraint of a person against his/her will or without appropriate legal justification.

Question 27

Immunity

Answer 27

Protection from legal liability in accordance with applicable laws

Question 28

Implied consent

Answer 28

The presumption that a patient who is ill or injured and unable to give consent for any reason would agree to the delivery of emergency healthcare necessitated by his/her condition

Question 29

Intentional Tort

Answer 29

A wrong in which the defendant meant to cause the harmful action

Question 30

Invasion of privacy

Answer 30

Disclosure or publication of personal or private facts about a person to a person or persons not authorized to receive such information

Question 31

Involuntary Consent

Answer 31

The rendering of care to a per on under specific legal authority, even if the patient does not consent to the care.

Question 32

Jurisprudence

Answer 32

The theory and philosophy of law.

Question 33

Liability

Answer 33

The legal responsibility of a party for the consequences of his/her acts or omissions

Question 34

Libel

Answer 34

False statements about a person made in writing that blacken the person’s character or injure his/her reputation

Question 35

Licensure

Answer 35

Recognition of minimal competency and the completion of prescribed education or training in a profession or occupation

Question 36

Malfeasance

Answer 36

Performing a wrongful act.

Question 37

Medical Direction

Answer 37

Physician oversight of paramedic practice; also called medical control

Question 38

Medical Practice Act

Answer 38

Legislation that governs the practice of medicine; may prescribe how and to what extent a physician may delegate authority to a paramedic to perform medical acts; varies from state to state

Question 39

Minor

Answer 39

In most states, a person younger than 18 years

Question 40

Misfeasance

Answer 40

Performing a legal act in a harmful manner

Question 41

Negligence

Answer 41

The failure to at as a reasonably prudent and careful person would under similar circumstances

Question 42

Negligence Per Se

Answer 42

Conduct that may be declared and treated as negligent without having to prove what would be reasonable and prudent under similar circumstances, usually because the conduct violates a law or regulation.

Question 43

Nonfeasance

Answer 43

Failure to perform an required act or duty

Question 44

Pharmacologic Restraints

Answer 44

Agents such as sedatives that can suppress a patient’s neurologic and/or motor capabilities so that the threat to the paramedic is reduced; also known as chemical restraints

Question 45

Physical Restraints

Answer 45

Straps, splints, and other devices that prevent movement of all or part of the patient’s body

Question 46

Plaintiff

Answer 46

The person who initiates a lawsuit by filing a complaint; also known as a claimant, petitioner or applicant

Question 47

Professional Malpractice

Answer 47

A type of tort case addressing whether a professional person failed to act as a reasonably prudent and careful person with similar training would act under similar circumstances.

Question 48

Prospective Medical Direction

Answer 48

Physician development of standards such as training curricula and protocols that establish, in advance, the parameters for EMS practice and set forth the expectations that EMS providers must satisfy in the delivery of patient care.

Question 49

Res Ipsa Loquitur

Answer 49

Latin phrase meaning “the thing speaks for itself.” In negligence cases, this doctrine can be imposed when the plaintiff cannot prove all four components of negligence, but the injury itself would not have occurred without negligence (such as a sponge left in a patient after surgery).

Question 50

Respondeat Superior

Answer 50

Latin phrase meaning “let the master answer.” Under this legal doctrine, and employer is liable for the acts of employees within their scope of employment.

Question 51

Retrospective Medical Direction

Answer 51

Physician oversight that evaluates the effectiveness of care given through quality improvement programs, case reviews, and similar approaches.

Question 52

Scope of Practice

Answer 52

A predefined set of skills, interventions, or other activities that the paramedic is legally authorized to perform when necessary; usually set by state law or regulation and local medical direction.

Question 53

Slander

Answer 53

False statements spoken about a per on that blacken the person’s character or injure his/her reputation.

Question 54

Standard of Care

Answer 54

Conduct exercising the degree of care, skill, and judgment that would be expected under like or similar circumstances by a similarly trained, reasonable paramedic in the same scenario.

Question 55

Statute

Answer 55

A law passed by a legislature

Question 56

Statute of Limitations

Answer 56

A law that sets the time limits within which parties must take action to enforce their rights.

Question 57

Statutory Law

Answer 57

Statutes and ordinances enacted by the U.S. Congress, state legislatures, and city councils.

Question 58

Tort

Answer 58

A wrong committed on the person or property of another.

Question 59

Unintentional Tort

Answer 59

A wrong that the defendant did not mean to commit; a case in which a bad outcome occurred because of the failure to exercise reasonable care.