Chapter 4 Medical, Legal, and Ethical Issues Flashcards
- One of the major differences between laws and ethics is that laws:
A) allow a person to determine right from wrong.
B) are usually broken because of an unethical act.
C) have sanctions for violation that are enforceable.
D) are reflective of a person’s moral responsibilities.
C) have sanctions for violation that are enforceable.
Ans: C
Page: 85
Type: General Knowledge
- The BEST legal protection for the paramedic is to:
A) always transport the patient to the hospital of the patient’s choice, regardless of the patient’s clinical condition.
B) provide a detailed patient assessment and appropriate medical care, followed by complete and accurate documentation.
C) routinely obtain more than the minimum number of continuing education credits required by the state department of health.
D) treat all patients with respect and remain aware that patients’ cultural beliefs may differ from those of the paramedic.
B) provide a detailed patient assessment and appropriate medical care, followed by complete and accurate documentation.
Ans: B
Page: 85
Type: General Knowledge
- The judicial branch at the state level is responsible for:
A) establishing and defining the law.
B) carrying out and administering the laws.
C) reporting to the governor in the state capitol.
D) resolving disputes based on interpretation of law.
D) resolving disputes based on interpretation of law.
Ans: D
Page: 88
Type: General Knowledge
- When a person experiences an injury and seeks redress for that injury:
A) the judicial process must determine who was responsible.
B) it is usually the paramedic who is found grossly negligent.
C) it must be established that the injury led to a bad outcome.
D) he or she must prove that the standard of care was provided.
A) the judicial process must determine who was responsible.
Ans: A
Page: 89
Type: General Knowledge
- Which of the following general statements regarding medical law is correct?
A) Medical providers with fewer than 5 years of experience are at highest risk of being sued.
B) A poor patient outcome typically means that the medical provider was grossly negligent.
C) The patient or survivor must prove all elements of negligence before a lawsuit will be successful.
D) A medical liability lawsuit will only be successful if the patient’s outcome was unfavorable.
C) The patient or survivor must prove all elements of negligence before a lawsuit will be successful.
Ans: C
Page: 89
Type: General Knowledge
6. The wrongful act that gives rise to a civil suit is called: A) a tort. B) damage. C) liability. D) negligence.
A) a tort.
Ans: A
Page: 89
Type: General Knowledge
- In a medical liability suit involving a paramedic, the plaintiff:
A) must prove that the paramedic broke an established law.
B) is the paramedic and is generally represented by a lawyer.
C) usually seeks compensation for the injury he or she sustained.
D) must convince 6 of 12 jurors to agree with his or her position.
C) usually seeks compensation for the injury he or she sustained.
Ans: C
Page: 89
Type: General Knowledge
8. Most lawsuits against EMS providers result from: A) unethical acts. B) ambulance collisions. C) substandard patient care. D) gross infractions of the law.
B) ambulance collisions.
Ans: B
Page: 89-90
Type: General Knowledge
9. Criminal laws most likely to apply to paramedics include all of the following, EXCEPT: A) assault. B) battery. C) false imprisonment. D) inadequate patient care.
D) inadequate patient care.
Ans: D
Page: 89
Type: General Knowledge
- Assault on a patient occurs when the EMS provider:
A) defames a patient’s character in his or her report.
B) touches another person without obtaining consent.
C) carries out a harmful physical act against a patient.
D) instills the fear of immediate bodily harm in a patient.
D) instills the fear of immediate bodily harm in a patient.
Ans: D
Page: 90
Type: General Knowledge
11. Transporting a competent adult patient without his or her consent would MOST likely result in allegations of: A) assault. B) battery. C) false imprisonment. D) criminal trespassing.
C) false imprisonment.
Ans: C
Page: 90
Type: General Knowledge
12. Documenting a false statement that injures a person's good name or reputation constitutes: A) libel and defamation. B) assault and battery. C) slander and defamation. D) gross negligence.
A) libel and defamation.
Ans: A
Page: 90
Type: General Knowledge
- Which of the following is an example of slander?
A) Asking a family member if the patient uses drugs
B) Telling the receiving facility that a patient is drunk
C) Asking a patient if he or she is under psychiatric care
D) Documenting that you noted the possible smell of alcohol
B) Telling the receiving facility that a patient is drunk
Ans: B
Page: 90
Type: General Knowledge
- The initial complaint filed against a paramedic or EMS system by a dissatisfied patient:
A) is typically detailed and contains specific information about what went wrong.
B) may not contain specific information about what the patient thinks went wrong.
C) does not include the name of the paramedic or EMS system who is being sued.
D) must be reviewed by a judge in order to determine if the complaint is justified.
B) may not contain specific information about what the patient thinks went wrong.
Ans: B
Page: 90-91
Type: General Knowledge
- Because a lawsuit may not begin until several years after the paramedic cares for a patient:
A) the paramedic should place an attorney on retainer.
B) all paramedics should carry malpractice insurance.
C) the paramedic should follow up with the patient regularly.
D) it is essential to maintain good documentation on any call.
D) it is essential to maintain good documentation on any call.
Ans: D
Page: 91
Type: General Knowledge
- Most civil cases are resolved during a settlement process because:
A) the plaintiff is typically awarded a larger amount of money.
B) it is expensive and time-consuming to take the case to trial.
C) the paramedic is found responsible during the discovery phase.
D) trial juries can be very unpredictable and are often misinformed
B) it is expensive and time-consuming to take the case to trial.
Ans: B
Page: 91
Type: General Knowledge
- Every decision regarding patient care that a paramedic makes should be based on the:
A) standards of good medical care.
B) patient’s perception of the problem.
C) patient’s family’s personal requests.
D) possible legal ramifications involved.
A) standards of good medical care.
Ans: A
Page: 91-92
Type: General Knowledge
18. If you must deviate from your protocols because of unusual circumstances, you should FIRST: A) advise the patient. B) document the event. C) notify medical control. D) apprise the receiving hospital.
C) notify medical control.
Ans: C
Page: 91
Type: General Knowledge
- Which of the following statements regarding the paramedic-physician relationship is correct?
A) The paramedic will be held accountable for his or her own actions.
B) The physician is not authorized to restrict the paramedic’s practice.
C) State EMS legislation is responsible for appointing medical directors.
D) The physician is legally accountable for actions taken by an employer.
A) The paramedic will be held accountable for his or her own actions.
Ans: A
Page: 91
Type: General Knowledge
- Generally, the paramedic is not at liberty to disregard a physician’s order unless:
A) the physician is not the paramedic’s medical director.
B) the physician is not a licensed emergency physician.
C) it is documented why the order was not carried out.
D) carrying out the order will cause harm to the patient.
D) carrying out the order will cause harm to the patient.
Ans: D
Page: 91-92
Type: General Knowledge
21. Which of the following is an example of a protocol? A) Radio orders B) Standing orders C) Online medical control D) Verbal order by a physician
B) Standing orders
Ans: B
Page: 91-92
Type: General Knowledge
- A bystander physician who assists the paramedic at the scene is not required to accompany the patient in the ambulance unless the physician:
A) is a board-certified emergency physician.
B) does not assume responsibility for the patient’s care.
C) has performed procedures above the paramedic’s level.
D) practices at the hospital to which the patient is transported.
C) has performed procedures above the paramedic’s level.
Ans: C
Page: 92
Type: General Knowledge
- If a conflict arises between a paramedic and a physician bystander in the field, the paramedic should:
A) become subordinate to the physician.
B) involve law enforcement in the incident.
C) contact medical control to seek resolution.
D) politely ask the physician to leave the scene.
C) contact medical control to seek resolution.
Ans: C
Page: 92
Type: General Knowledge
- EMS-enabling legislation:
A) defines how EMS is structured.
B) appoints a system’s medical director.
C) defines a physician’s scope of practice.
D) develops local or regional EMS protocols.
A) defines how EMS is structured.
Ans: A
Page: 92
Type: General Knowledge
- Scope of practice is defined as:
A) protocols agreed upon by a consensus of emergency physicians.
B) the level of care that an EMS employer allows the paramedic to provide.
C) national patient care guidelines established by the federal government.
D) care that a paramedic is permitted to perform under the certifying state.
D) care that a paramedic is permitted to perform under the certifying state.
Ans: D
Page: 93
Type: General Knowledge
26. A reasonable paramedic should follow the same \_\_\_\_\_\_\_\_\_\_\_\_\_\_ that another paramedic in a similar situation would. A) scope of practice B) standard of care C) wishes of the family D) medical practice act
B) standard of care
Ans: B
Page: 93
Type: General Knowledge
- Provisions of the medical practice act include all of the following, EXCEPT:
A) assigning medical directors to EMS systems.
B) defining minimum qualifications of the paramedic.
C) establishing a means of certification for the paramedic.
D) defining the skills that the paramedic legally can perform.
A) assigning medical directors to EMS systems.
Ans: A
Page: 92-93
Type: General Knowledge
- Which aspect of the HIPAA is MOST pertinent to the paramedic?
A) Documenting a thorough patient assessment
B) Recovering funds from insurance companies
C) Ensuring that the patient’s privacy is protected
D) Disclosing patient information to the media
C) Ensuring that the patient’s privacy is protected
Ans: C
Page: 93-94
Type: General Knowledge
- If your EMS system receives a subpoena for a patient’s protected health information, it would be MOST appropriate to:
A) disclose the information requested by the subpoena.
B) notify legal counsel before releasing any information.
C) refuse to disclose any of the patient’s protected information.
D) obtain the patient’s consent before releasing any information
B) notify legal counsel before releasing any information.
Ans: B
Page: 94
Type: General Knowledge
- Which of the following is addressed in the EMTALA?
A) Discouraging private individuals from suing if a hospital has violated the law
B) Allowing a woman who is in active labor to be transported to a distant hospital
C) Requiring EMS to transport all patients to the closest medical treatment facility
D) Preventing medical facilities from denying medical screening and stabilization
D) Preventing medical facilities from denying medical screening and stabilization
Ans: D
Page: 94
Type: General Knowledge
- Historically, most EMTALA violations occurred when:
A) the patient did not have medical insurance.
B) paramedics transported a woman in active labor.
C) paramedics functioned above their scope of practice.
D) hospitals refused to accept clinically stable patients.
A) the patient did not have medical insurance.
Ans: A
Page: 94
Type: General Knowledge
- When transferring a patient between medical facilities, it is MOST important for the paramedic to:
A) ensure that all appropriate paperwork, x-rays, and lab results are delivered to the receiving facility.
B) request another paramedic if the patient’s clinical condition is too unstable for one paramedic to manage effectively.
C) request that a member of the patient’s family accompanies the patient in case the patient cannot speak for himself or herself.
D) ensure that a physician or nurse accompanies the patient if the patient requires care beyond the paramedic’s scope of practice.
D) ensure that a physician or nurse accompanies the patient if the patient requires care beyond the paramedic’s scope of practice.
Ans: D
Page: 94-95
Type: General Knowledge
- A hospital that is in violation of EMTALA:
A) is fined by the health insurance company.
B) is responsible to the state board of health.
C) could forfeit all of its Medicare funding.
D) must pay a monetary settlement to the patient.
C) could forfeit all of its Medicare funding.
Ans: C
Page: 95
Type: General Knowledge
- Which of the following statements regarding emergency vehicle laws is correct?
A) The Star of Life insignia permits an ambulance to run a red light or stop sign if it is safe.
B) All state statutes require emergency vehicles to be operated in a safe and prudent manner.
C) An ambulance must use its lights and siren when transporting any acutely ill or injured patient.
D) Most states allow an emergency vehicle to exceed the speed limit by 20 MPH if it is safe to do so.
B) All state statutes require emergency vehicles to be operated in a safe and prudent manner.
Ans: B
Page: 95
Type: General Knowledge
- When an ambulance collides with a citizen’s vehicle at an intersection:
A) it is because the citizen failed to yield the right of way.
B) the driver of the ambulance may be charged criminally.
C) most state laws provide immunity to the EMS vehicle.
D) EMS providers are rarely found at fault in civil lawsuits.
B) the driver of the ambulance may be charged criminally.
Ans: B
Page: 95
Type: General Knowledge
- If a paramedic is on duty and receives a 9-1-1 call in his or her jurisdiction:
A) he or she is not covered by the Good Samaritan law.
B) the Good Samaritan law will provide limited immunity.
C) state law requires that he or she respond within 5 minutes.
D) he or she cannot be held liable if a fee is not charged to the patient
A) he or she is not covered by the Good Samaritan law.
Ans: A
Page: 108
Type: General Knowledge
- The Good Samaritan law was originally passed in order to:
A) encourage paramedics to respond while on duty.
B) discourage EMS systems from billing the patient.
C) encourage the public to help at emergency scenes.
D) provide immunity from liability to the paramedic.
C) encourage the public to help at emergency scenes.
Ans: C
Page: 108
Type: General Knowledge
- According to the qualified immunity doctrine, the paramedic can be held liable only if:
A) he or she volunteers as a paramedic and receive no remuneration for his or her medical services.
B) the medical care that he or she provided was not consistent with what a physician would have provided.
C) he or she was not employed by a governmental entity at the time an incident or violation occurred.
D) the plaintiff proves that the paramedic violated a clearly established law about which he or she should have known.
D) the plaintiff proves that the paramedic violated a clearly established law about which he or she should have known.
Ans: D
Page: 109
Type: General Knowledge
- Which of the following situations is an example of an act of commission?
A) The paramedic charges for his or her services.
B) A paramedic sutures a patient’s lacerated arm.
C) An EMT fails to splint a possible leg fracture.
D) A physician transfers patient care to a paramedic.
B) A paramedic sutures a patient’s lacerated arm.
Ans: B
Page: 100-101
Type: General Knowledge
- Which of the following is NOT a required element needed to prove negligence?
A) The paramedic committed a breach of duty.
B) The patient’s condition was life threatening.
C) The paramedic or EMS system had a duty to act.
D) An act of omission was the cause of the patient’s injury.
B) The patient’s condition was life threatening.
Ans: B
Page: 100-101
Type: General Knowledge
41. A legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction is called: A) duty. B) immunity. C) negligence. D) proximate cause.
A) duty.
Ans: A
Page: 101
Type: General Knowledge
- If an off-duty paramedic stops at the scene of a motor vehicle crash, the paramedic:
A) does not have a legal duty to provide care.
B) must accompany the patient to the hospital.
C) has a legal obligation to provide patient care.
D) is legally protected by the Good Samaritan law.
C) has a legal obligation to provide patient care.
Ans: C
Page: 101
Type: General Knowledge
- If a volunteer paramedic has signed up to work a shift for an EMS system:
A) he or she does not have a legal obligation to act.
B) the Good Samaritan law provides limited immunity.
C) he or she must be a third responder on the ambulance.
D) he or she is obligated to respond to calls during the shift.
D) he or she is obligated to respond to calls during the shift.
Ans: D
Page: 101
Type: General Knowledge
- If an EMS agency’s call volume is too heavy to allow response within an appropriate time frame:
A) the agency no longer has a legal duty to respond.
B) the agency is obligated to use mutual aid resources.
C) off-duty personnel are legally obligated to respond.
B) the agency is obligated to use mutual aid resources.
Ans: B
Page: 102
Type: General Knowledge
- When determining whether or not a paramedic’s actions were consistent with the standard of care, the court would be LEAST likely to:
A) speak with other paramedics who have the same training.
B) talk to patients to whom the paramedic has provided care in the past.
C) subpoena the paramedic’s instructor and the text he or she used.
D) request a copy of the paramedic’s standard operating procedures.
B) talk to patients to whom the paramedic has provided care in the past.
Ans: B
Page: 102
Type: General Knowledge
- A paramedic’s actions are considered to be grossly negligent if he or she:
A) does not consult with online medical control first.
B) only provides basic life support to a critical patient.
C) makes a simple mistake that causes harm to the patient.
D) willfully or wantonly deviates from the standard of care.
D) willfully or wantonly deviates from the standard of care.
Ans: D
Page: 102
Type: General Knowledge
- Proximate cause is MOST accurately defined as:
A) a link between the paramedic’s improper action and the patient’s injury.
B) an action on the part of the paramedic that improved the patient’s condition.
C) a direct relationship between the mechanism of injury and the patient’s injury.
D) an act of ordinary or gross negligence that resulted in further harm to the patient.
A) a link between the paramedic’s improper action and the patient’s injury.
Ans: A
Page: 102-103
Type: General Knowledge
- Which of the following statements regarding the harm element of a negligence lawsuit is MOST correct?
A) The burden of proof for establishing harm rests with the defendant.
B) Serious injury must have occurred in order for harm to be established.
C) A loss of earning capacity is a form of harm that the patient may claim.
D) Loss of income is the most common form of harm proven in a lawsuit.
C) A loss of earning capacity is a form of harm that the patient may claim.
Ans: C
Page: 103
Type: General Knowledge
- Abandonment occurs when:
A) a patient is released and did not require further medical care.
B) an emergency nurse takes a verbal report from a paramedic.
C) care of a patient was terminated without his or her consent.
D) a patient refuses care and subsequently dies of his condition.
C) care of a patient was terminated without his or her consent.
Ans: C
Page: 103
Type: General Knowledge
- What is the main legal risk of providing a tiered-response EMS system?
A) Ambulance crashes at intersections as ALS and BLS providers simultaneously respond to the scene
B) Exposure to liability if the BLS crew makes an improper determination that a patient does not need ALS care
C) Lengthy response times for the BLS crew if ALS providers wait too long before determining that they need help
D) Premature canceling of a BLS crew by an on-scene paramedic who performs an improper assessment of the patient
B) Exposure to liability if the BLS crew makes an improper determination that a patient does not need ALS care
Ans: B
Page: 103
Type: General Knowledge