Chapter 7- Volume 1 Flashcards

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1
Q

Liability

A

Legal responsibility

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2
Q

What are the ethical responsibilities for a paramedic

A

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

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3
Q

Constitutional law

A

Law based on the US Constitution

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4
Q

Common law

A

Law that is derived from society’s acceptance of customs and norms overtime. Also called case law or judge made law

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5
Q

Statutory law (legislative law)

A

Law created by law making bodies such as Congress and state assemblies. Also called statutory law

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6
Q

Regulatory law (administrative law)

A

Law that is enacted by governmental agencies at either the federal or state level.

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7
Q

Criminal law

A

Division of the legal system that deals with wrongs committed against society or is members

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8
Q

Civil law

A

Division of the legal system that deals with non-criminal issues and conflict between two or more parties

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9
Q

Tort law

A

Division of the legal system that deals with civil wrongs committed by one individual against another. See also intentional tort

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10
Q

What are the components of a civil lawsuit?

A

Incident, investigation, filing of complaint, answering of complaint, discovery, trial, decision, appeal, settlement

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11
Q

What is a Medic’s best protection from a liability?

A

To perform systematic assessments, prove appropriate care, and maintain accurate and complete documentation

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12
Q

What are most laws that affect EMS and paramedics?

A

State laws

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13
Q

Scope of practice

A

The range of duties and skills paramedics and other levels of EMS certification are allowed and expected to perform

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14
Q

When can a paramedic refuse an order from medical direction?

A

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

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15
Q

Certification

A

The recognition granted to an individual who has met predetermined qualifications to participate in a certain activity

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16
Q

Licensure

A

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

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17
Q

What are some commonly mandated reports?

A

Spouse abuse, child abuse and neglect, other abuse, sexual assault, gunshot or Stab wound, animal bite, communicable disease

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18
Q

Immunity

A

Exemption from legal liability

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19
Q

Good Samaritan laws

A

Laws that provide immunity to certain people who assist at the scene of a medical emergency

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20
Q

Intentional tort

A

A civil wrong committed by one person against another based on a willful act

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21
Q

What are the four elements of negligence?

A

Duty to act, breach of the duty, actual damages, proximate cause.

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22
Q

Negligence

A

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.

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23
Q

Duty to act

A

A formal contractual or informal legal obligation to provide medical care

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24
Q

What are the expected duties of a paramedic?

A

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

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25
Q

Breach of duty

A

An action or inaction that violates the standard of care expected from a paramedic

26
Q

Standard of care

A

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 community

27
Q

Malfeasance

A

A breach of duty by performance of a wrongful or unlawful act

28
Q

Misfeasance

A

A breach of duty by performance of a legal act in a manner that is harmful or injurious

29
Q

Nonfeasance

A

A breach of duty by failure to perform a required act or duty

30
Q

Red ipsa loquitur

A

A legal doctrine invoked by plaintiffs to support a claim of negligence; it is a Latin term that means “the thing speaks for itself.”

31
Q

Actual damages

A

Compensable physical, psychological, or financial harm

32
Q

Proximate cause

A

Action or inaction of the paramedic that immediately caused or worsened the damage suffered by the patient

33
Q

What are some Potential defenses against negligence?

A

Good Samaritan laws, governmental immunity, statute of limitations, and contributory or comparative negligence

34
Q

Civil rights

A

The rights of personal liberty guaranteed to American citizens by the 13th and 14th amendments to the United States Constitution and by certain acts of Congress

35
Q

Excited delirium syndrome (ExDS)

A

A condition that may result from abuse of similar drugs, typically presenting as a triad of effects: delirium, psychomotor agitation, and physiological excitation.

36
Q

Restraint asphyxia

A

Lack of oxygen resulting in unconsciousness or death that occurs in a person who is being restrained. Also called positional Asphyxia

37
Q

Who and how does positional asphyxia affect pts?

A

Positional asphyxia often occurs in patients who have used CNS depressants such as alcohol or opioids and results from the patient being in a physical position that interferes with his airway or ventilation

38
Q

Confidentiality

A

Principal law that prohibits the release of medical or other personal information about a patient without the patient’s consent

39
Q

When can A patient’s confidential information be released?

A

Patient consents to the release of his records

Other medical care providers have a need to know

EMS is required by law to release a patient’s medical records

There are third-party billing requirements

40
Q

Health insurance portability and accountability act (HIPAA)

A

Law enacted by the United States Congress in 1996 that includes provisions for protecting the security and privacy of a persons health information

41
Q

Defamation

A

An intentional false communication that injures another person’s reputation or good name

42
Q

Libel

A

The act of injuring a persons character, name, or reputation by false statements made in writing or through mass media with malicious intent or reckless disregard for the falsity of those statements.

43
Q

Slander

A

The act of injuring a person’s character, name, or reputation by false or malicious statements spoken with malicious intent or reckless disregard for the falsity of those statements

44
Q

Invasion of privacy

A

Violation by one person of another persons personal life or personal information

45
Q

Informed consent

A

Consent for treatment that is given based on the full disclosure of information

46
Q

Before providing medical care paramedic must explain what so that the patient can understand and give informed consent?

A

Nature of the illness or injury.

nature of the recommended treatments.

Risks, dangers, and benefits of those treatments

Alternative treatment possibilities, if any, and they related risks, dangers, and benefits of accepting each one

Dangers of refusing treatment and/or transport

47
Q

Expressed consent

A

Verbal, nonverbal, or written communication by a patient that he wishes to receive medical care

48
Q

Implied consent

A

Consent for treatment that is presumed for a patient who is mentally, physically, or emotionally unable to grant consent. Also called emergency doctrine

49
Q

Involuntary consent

A

Consent to treatment granted by the authority of a court order

50
Q

Emancipated minor

A

A person under 18 years of age who is married, pregnant, a parent, or a member of the Armed Forces, or financially independent and living away from home

51
Q

Professional boundaries

A

Ethical and societal limits to the interactions between members of a profession, such as doctors or paramedics, and the clients or patients they serve

52
Q

Abandonment

A

Termination of the paramedic-patient relationship without assurance that an equal or greater level of care will continue

53
Q

Assault

A

An act that unlawfully places a person in apprehension of immediate bodily harm without his consent

54
Q

Battery

A

The unlawful touching of another individual without his consent

55
Q

False imprisonment

A

Intentional and unjustifiable detention of a person without his consent or other legal authority

56
Q

Reasonable force

A

The minimal amount of force necessary to ensure that an unruly or violent person does not cause injury to himself or others

57
Q

What are some examples of advance directives?

A

Living wills

Durable powers of attorney for healthcare

DNR orders

POLST orders

Organ donor cards or directives such as found on a drivers license

58
Q

Do not resuscitate order

A

Legal document, usually signed by the patient and his physician, that indicates to medical personnel which, if any, life-sustaining measures should be taken when the patient’s heart and respiratory functions have ceased

59
Q

Advanced directive

A

A document created to ensure that certain treatment choices are honored when a patient is unconscious or otherwise unable to express his choice of treatment

60
Q

living will

A

A legal document that allows a person to specify the kinds of medical treatment he wishes to receive should the need arise

61
Q

Physician orders for life-sustaining treatment

A

A set of orders regarding care for a terminally ill patient, signed by physician, to be honored by healthcare providers who deal with the patient.