Medical Legal Flashcards
The scope of Practice of an EMT operating in the FDNY is defined by what?
New York State public health laws, Article 30, Part 800
NYC REMSCO
FDNY Rules and Regulations
FDNY Medical Director
What is the Medical Practice Act: (NYS DOH)
Sets the Minimum qualifications, for those who perform various health services
It establishes a means of certification for every group of health care professionals
Ethical duties of the EMT
Making the physical/ emotional needs of the patient a priority
Maintaining patient confidentiality
Practicing skills to the point of mastery
Attendance at continuing education and refresher programs
Reviewing performance
Honesty in reporting and documentation
Off Line Medical Control
Treatments that the EMT are allowed to administer based on protocol standing orders
On Line Medical Control
Treatments that the EMT are allowed to administer based on protocols after receiving permission from and approved physician.
What is a duty to act?
Obligation to provide care
NYS: EMT has the Duty to Act only while working for a municipal or public agency
**This does not apply to private for profit ambulance
What is Negligence
Deviation from the accepted standard of care that results in harm of injury to the patient
Not performing as a reasonable person would act given the same circumstance
What must be present to prove negligence?
Duty to Act
Breach of Duty
Injury or Damages Occurred
Proximate Cause
Act of Omission
Nonfeasance: The EMT Failed to perform his duty
Omit
Act of Commission
Misfeasance: The EMT performed an approved action Improperly
Malfeasance: The EMT performs an action above their level of training
Gross Negligence
Intentionally harming of the patient
Good Samaritan Law
Protects anyone that has NO training and who, in good faith, wishes to provided care to a sick or injured person
NYSDOH Article 30
Provides protection to any trained person who is not being paid and who renders care outside of a medical facility
What is liability
Legal Responsibility
What is Plaintiff
Individual bringing suit
What is a Defendant
Individual being sued
What is Assault
Unlawfully placing a patient in fear of bodily harm (verbal or gestures)
What is Battery
Unlawfully touching a patient or providing care without consent
What is false imprisonment
Transporting a competent patient against their will
What is abandonment
Once care has been initiated, an EMT may not leave the scene until patient care has been transferred to another healthcare provider with equal or higher training and capabilities. To avoid committing patient abandonment, the EMT must ensure that patient care will continue to an equal or higher level.
Provider discontinues care prior transferring care to someone with equal or higher training.
Provider may leave or delay in event of danger
What is Consent
A patient must give consent for all care
Informed of implied consent must be given
What is informed consent?
A competent patient has the right to make decisions regarding care
Patient must be mentally competent
Must be of legal age (18)
Must be able to understand
What is competence?
The ability to understand the questions an EMT asks and to understand the implications of decisions made
What is implied consent
An EMT may initiate necessary care of a patient who is not competent to give actual, informed consent; based on the assumption that the patient would consent to life- saving interventions
Any unconscious patient
Any patient AMS
Any pediatric patient needing medical care with no parent or legal guardian present
What is involuntary consent
Mental Hygiene Law allows peace officers to direct the removal of any person who may be a danger to themselves or others.
What qualifies emancipated minors
Has already given birth
Is married
Is self- supporting
Is a member of the armed forces
Is requesting treatment for STD, drug or child abuse
Any person who is pregnant may give consent In regards to prenatal care
Abandoned infant protection act
30 days or younger
