Ethical and Medical/Legal Considerations

Question 1

Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer 1

federal legislation that makes it illegal to refuse an appropriate screening examination and, if necessary, treatment or emergency transfer to patients with a medical emergency or in active labor, regardless of their ability to pay.

Question 2

Health Insurance Portability and Accountability Act (HIPAA)

Answer 2

federal legislation that regulates the security, distribution, and access to protected health information.

Question 3

Administrative Law

Answer 3

a law pertaining to the regulation of government agencies, including the interaction of agencies with other branches of the government and the public.

Question 4

Civil law

Answer 4

branch of law that deals with disputes between individuals and organizations rather than with the commission of crimes

Question 5

Tort law

Answer 5

a law pertaining to wrongdoing and harm done to one party by another

Question 6

Criminal law

Answer 6

branch of law in which the government prosecutes individuals for the commission of crimes.

Question 7

Licensure

Answer 7

the process through which a government agency grants permission for qualified individuals to engage in an occupation.

Question 8

Certification

Answer 8

recognition of achievement of requirements, which can be granted by any agency.

Question 9

Registration

Answer 9

having one’s name listed in a database

Question 10

Scope of practice

Answer 10

legally defines what a hcp is permitted to do in the course of their duties.

Question 11

false imprisonment

Answer 11

unlawful detainment of an individual without just cause.

Question 12

Liability

Answer 12

legal responsibility; being legally responsible.

Question 13

Guidelines to minimize risk of liability

Answer 13

• follow protocol
• contact PD if necessary with psych pt who refuse care
• involve MD and supervision when situation is unclear
• Act in pt’s best interest
• DOCUMENT all relevant information about the situation

Question 14

Expressed consent

Answer 14

a pt’s overt acknowledgment that he accepts the medical procedures that are going to be performed.

Question 15

Informed consent

Answer 15

provide pt with information about the nature of treatment, why it is needed, what it is expected to do, any potential for side effects or complications, and the consequences of not receiving the treatment (delivered in a way that pt can understand)

Question 16

Abandonment

Answer 16

termination of patient care without transferring care to a qualified health care provider when the patient is still in need of and desires medical care.

Question 17

Assault

Answer 17

placing a person in fear of imminent bodily harm

Question 18

Battery

Answer 18

illegal physical contact with an individual

Question 19

Living will

Answer 19

an advance health care directive written by an individual who is competent to make decisions, which outlines his wishes regarding end-of-life care.

Question 20

Health care proxy

Answer 20

a document in which the patient designates other individual to make health care decisions in the event he becomes incapacitated.

Question 21

Durable power of attorney

Answer 21

legal permission granted to an individual to make health care decisions on behalf of a person who is not competent to make decisions for themselves.

Question 22

Physician’s orders for life-sustaining treatment (POLST)

Answer 22

a legal document that expresses a patient’s wishes for end-of-life care in the form of a physician’s orders, which must be honored by all health care providers.

Question 23

Do not resuscitate (DNR) order

Answer 23

a physician’s order that specifies what resuscitative care may and may not be provided to a patient.

Question 24

Dependent lividity

Answer 24

discoloration of the tissues after death caused by pooling of blood from the effects of gravity. Also called Livor mortis.

Question 25

Rigor mortis

Answer 25

temporary muscular rigidity occurring after death, the onset of which may be affected by preexisting metabolic as well as environmental conditions.

Question 26

Plaintiff

Answer 26

the party who brings a civil action against someone else.

Question 27

Defendant

Answer 27

the person against whom a legal action is brought.

Question 28

Duty to act

Answer 28

the legal obligation to provide emergency medical services while on shift.

Question 29

Standard of care

Answer 29

the degree of attention and caution that would be exercised by a reasonable person with the same training and in the same circumstances.

Question 30

Breach of duty

Answer 30

failure to fulfill one’s professional obligations.

Question 31

malfeasance

Answer 31

performing an improper act that causes injury.

Question 32

misfeasance

Answer 32

performing a legitimate act in a manner that causes injury.

Question 33

nonfeasance

Answer 33

failure to perform an act that one is obligated to perform; wrongdoing by omission.

Question 34

Res ipsa loquitur

Answer 34

a latin term used legally to mean “the thing speaks for itself;: being self-evident.

Question 35

Gross negligence

Answer 35

injury caused by a provider’s disregard for the well-being of others

Question 36

Proximate cause

Answer 36

an act or omission of an act that is the cause of injury; an event without which the injury would not have occurred.

Question 37

Defamation

Answer 37

injuring another person in reputation or occupation through the malicious communication of false information.

Question 38

Slander

Answer 38

spoken communication that defames another person

Question 39

Libel

Answer 39

defamation through a written document.

Question 40

Good Samaritan Laws

Answer 40

laws intended to protect those who volunteer assistance in an emergency against claims of negligence. Qualifiers: provide reasonable care (don’t get crazy), stay within scope of practice.

Question 41

Governmental immunity

Answer 41

statutory prohibition of legal action against government agencies.

Question 42

Statute of limitations

Answer 42

a law defining elapsed periods of time after which legal action cannot be pursued.

Question 43

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 43

gives employees in certain situations the right to pay premiums for and keep the group health insurance that they would otherwise lose after they reduce work hours or quit or lose jobs.