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FDNY EMS > Medical Legal > Flashcards

Medical Legal Flashcards

1
Q

The scope of Practice of an EMT operating in the FDNY is defined by what?

A

New York State public health laws, Article 30, Part 800

NYC REMSCO

FDNY Rules and Regulations

FDNY Medical Director

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2
Q

What is the Medical Practice Act: (NYS DOH)

A

Sets the Minimum qualifications, for those who perform various health services

It establishes a means of certification for every group of health care professionals

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3
Q

Ethical duties of the EMT

A

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

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4
Q

Off Line Medical Control

A

Treatments that the EMT are allowed to administer based on protocol standing orders

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5
Q

On Line Medical Control

A

Treatments that the EMT are allowed to administer based on protocols after receiving permission from and approved physician.

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6
Q

What is a duty to act?

A

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

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7
Q

What is Negligence

A

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

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8
Q

What must be present to prove negligence?

A

Duty to Act

Breach of Duty

Injury or Damages Occurred

Proximate Cause

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9
Q

Act of Omission

A

Nonfeasance: The EMT Failed to perform his duty

Omit

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10
Q

Act of Commission

A

Misfeasance: The EMT performed an approved action Improperly

Malfeasance: The EMT performs an action above their level of training

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11
Q

Gross Negligence

A

Intentionally harming of the patient

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12
Q

Good Samaritan Law

A

Protects anyone that has NO training and who, in good faith, wishes to provided care to a sick or injured person

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13
Q

NYSDOH Article 30

A

Provides protection to any trained person who is not being paid and who renders care outside of a medical facility

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14
Q

What is liability

A

Legal Responsibility

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15
Q

What is Plaintiff

A

Individual bringing suit

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16
Q

What is a Defendant

A

Individual being sued

17
Q

What is Assault

A

Unlawfully placing a patient in fear of bodily harm (verbal or gestures)

18
Q

What is Battery

A

Unlawfully touching a patient or providing care without consent

19
Q

What is false imprisonment

A

Transporting a competent patient against their will

20
Q

What is abandonment

A

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

21
Q

What is Consent

A

A patient must give consent for all care

Informed of implied consent must be given

22
Q

What is informed consent?

A

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

23
Q

What is competence?

A

The ability to understand the questions an EMT asks and to understand the implications of decisions made

24
Q

What is implied consent

A

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

25
Q

What is involuntary consent

A

Mental Hygiene Law allows peace officers to direct the removal of any person who may be a danger to themselves or others.

26
Q

What qualifies emancipated minors

A

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

27
Q

Abandoned infant protection act

A

30 days or younger

FDNY EMS (7 decks)

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