Chapter 4 - Legal and Regulatory Issues 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 professional.
Administrative Law
A branch of law that deals with rules, regulations, orders, and decisions created by governmental agencies.
Advanced Directive
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.
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 another person without that person’s consent
Breach of Duty
Violation by the defendant of the standard of care applicable to the circumstances.
Case Law
Interpretations of constitutional, statutory, or administrative law made by the courts; also referred to as common law or judge-made law.
Causation
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
Certification
Recognition of minimal competency in certain skills or tasks
Chemical Restraints
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
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 pt care
Confidentiality
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
Consent
Permission
Contributory Negligence
An injured plaintiff’s failure to exercise due care that, along with the defendant’s negligence, contributed to the injury
Criminal Law
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
Damages
Compensable harm or other losses incurred by an injured party (plaintiff) because of the negligence of the defendant.
Defamation
The publication of false information about a person that tends to blacken the person’s character or injure his/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 astute, contract, or voluntarily) to provide services.
Emancipated Minor
A self-supporting minor. This status often depends on the minor receiving and actual court order of emancipation.
Emergency Medical Treatment and Active Labor Act (EMTALA)
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
Expressed Consent
Permission given by a patient or his/her responsible decision maker either verbally or through some physical expression of consent
False Imprisonment
Confinement or restraint of a person against his/her will or without appropriate legal justification.
Immunity
Protection from legal liability in accordance with applicable laws
Implied consent
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
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 per on under specific legal authority, even if the patient does not consent to the care.
Jurisprudence
The theory and philosophy of law.
Liability
The legal responsibility of a party for the consequences of his/her acts or omissions
Libel
False statements about a person made in writing that blacken the person’s character or injure his/her reputation
Licensure
Recognition of minimal competency and the completion of prescribed 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 prescribe how and to what extent a physician may delegate authority to a paramedic to perform medical acts; varies from state to state
Minor
In most states, a person younger than 18 years
Misfeasance
Performing a legal act in a harmful manner
Negligence
The failure to at as a reasonably prudent and careful person would under similar circumstances
Negligence Per Se
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.
Nonfeasance
Failure to perform an required act or duty
Pharmacologic Restraints
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
Physical Restraints
Straps, splints, and other devices that prevent movement of all or part of the patient’s body
Plaintiff
The person who initiates a lawsuit by filing a complaint; also known as a claimant, petitioner or applicant
Professional Malpractice
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.
Prospective Medical Direction
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.
Res Ipsa Loquitur
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).
Respondeat Superior
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.
Retrospective Medical Direction
Physician oversight that evaluates the effectiveness of care given through quality improvement programs, case reviews, and similar approaches.
Scope of Practice
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.
Slander
False statements spoken about a per on that blacken the person’s character or injure his/her reputation.
Standard of Care
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.
Statute
A law passed by a legislature
Statute of Limitations
A law that sets the time limits within which parties must take action to enforce their rights.
Statutory Law
Statutes and ordinances enacted by the U.S. Congress, state legislatures, and city councils.
Tort
A wrong committed on the person or property of another.
Unintentional Tort
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.
