Chapter 4 Medical, Legal, and Ethical Issues: Vital Vocabulary Flashcards
Termination of medical care for the patient without giving the patient sufficient opportunity to find another suitable health care professional to take over his or her medical treatment.
abandonment
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 orders.
advance directive
To create in another person a fear of immediate bodily harm or invasion of bodily security (including loss or freedom).
assault
The unlawful physical acting upon a threat– the use of force against another, resulting in harmful, offensive, or sexual contact.
battery
A principle which absolves an institution of liability when one of its members acts beyond his or her scope of certification or training by following someone else’s orders.
borrowed servant doctrine
An action instituted by a person or entity against another person or entity.
civil lawsuit
A decision that has been made by a judge through a case based on his or her interpretation of the statutes and constitutions; can be overturned either by another court with a higher authority or the issuing court at a later time; also called case law.
common law
Agreement by the patient to accept a medical intervention.
consent
Act(s) committed by plaintiff that contributes to adverse outcomes.
contributory negligence
An action instituted by the government against a person for violation of criminal law.
criminal prosecution
Compensation for injury awarded by a court.
damages
The patient’s ability to understand and process the information given to him or her and the proposed treatment plan.
decision-making capacity
Intentionally making a false statement, through written or verbal communication, which injures a person’s good name or reputation.
defamation
In a civil lawsuit, the person against whom a legal action is brought.
defendant
A type of advance directive that describes which life-sustaining procedures should be performed in the event of a sudden deterioration in a patient’s medical condition.
do not resuscitate (DNR) order
A right to a fair procedure for a legal action against a person or agency; has two components: Notice and Opportunity to be Heard.
due process
Legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction.
duty
A person who is under the legal age (generally 18 years) in a given state, but is legally considered an adult because of other circumstances.
emancipated minor
A federal law 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 emergency medical services providers to dump patients at another hospital). Issues are regulated by the Centers for Medicare and Medicaid Services and the law carries severe monetary penalties– up to and including loss of Medicare funding– for hospitals and physicians that fail to comply.
Emergency Medical Treatment and Active Labor Act (EMTALA)
A set of values in society that differentiates right from wrong.
ethics
A type of informed consent that occurs when the patient does something, either through words (verbal or written) or by taking some sort of action, that demonstrates permission to provide emergency medical care.
expressed consent
Intentionally or unjustifiably detaining a person against his or her will. Some examples include transporting a patient without his or her consent, or using restraints in a wrongful manner.
false imprisonment
A statute providing limited immunity from liability to people responding voluntarily and in good faith to the aid of an injured person outside the hospital.
Good Samaritan Law