Chapter 7- Volume 1 Flashcards
Liability
Legal responsibility
What are the ethical responsibilities for a paramedic
Respond promptly to both physical and emotional needs of every patient
Treat all patients and their families with courtesy and respect
Maintain mastery of your skills and medical knowledge
Participate in continuing education programs, seminars, and refresher training
Critically review your performance, and constantly seek improvement
Review honestly and with respect for patient confidentiality
Work Cooperatively with and respect other emergency professionals
Constitutional law
Law based on the US Constitution
Common law
Law that is derived from society’s acceptance of customs and norms overtime. Also called case law or judge made law
Statutory law (legislative law)
Law created by law making bodies such as Congress and state assemblies. Also called statutory law
Regulatory law (administrative law)
Law that is enacted by governmental agencies at either the federal or state level.
Criminal law
Division of the legal system that deals with wrongs committed against society or is members
Civil law
Division of the legal system that deals with non-criminal issues and conflict between two or more parties
Tort law
Division of the legal system that deals with civil wrongs committed by one individual against another. See also intentional tort
What are the components of a civil lawsuit?
Incident, investigation, filing of complaint, answering of complaint, discovery, trial, decision, appeal, settlement
What is a Medic’s best protection from a liability?
To perform systematic assessments, prove appropriate care, and maintain accurate and complete documentation
What are most laws that affect EMS and paramedics?
State laws
Scope of practice
The range of duties and skills paramedics and other levels of EMS certification are allowed and expected to perform
When can a paramedic refuse an order from medical direction?
When they are ordered to provide a treatment that is beyond the scope of training or inconsistent with establish protocols or procedures. Also when they are ordered to administer a treatment that they reasonably believe would be harmful to the patient
Certification
The recognition granted to an individual who has met predetermined qualifications to participate in a certain activity
Licensure
A process used to regular occupations. A governmental agency grants permission to an individual who meets establish qualifications to engage in a particular profession or occupation
What are some commonly mandated reports?
Spouse abuse, child abuse and neglect, other abuse, sexual assault, gunshot or Stab wound, animal bite, communicable disease
Immunity
Exemption from legal liability
Good Samaritan laws
Laws that provide immunity to certain people who assist at the scene of a medical emergency
Intentional tort
A civil wrong committed by one person against another based on a willful act
What are the four elements of negligence?
Duty to act, breach of the duty, actual damages, proximate cause.
Negligence
Deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm and medical practice, negligence is often considered to be synonymous with malpractice.
Duty to act
A formal contractual or informal legal obligation to provide medical care
What are the expected duties of a paramedic?
Duty to respond to the scene and render care to ill or injured patients
Duty to obey federal, state, and local laws and regulations
Duty to operate the emergency vehicle reasonably and prudently
Duty to provide care and transportation to expected standard of care
Duty to provide care and transportation consistent with a Paramedic’s scope of practice and local medical protocols
Duty to continue care and transportation through to appropriate conclusions