Medical, Legal, and Ethical Issues Flashcards
Unilateral termination of care by the EMT without the patient’s consent and without making provisions for transferring care to another medical professional with the skills and training necessary to meet the needs of the patient.
Abandonment
Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called living will or health care directive
Advanced Directive
The manner in which principles of ethics are incorporated into professional conduct
Applied ethics
Unlawfully placing a patient in fear or bodily harm
Assault
Unlawfully touching a patient or providing emergency care without consent
Battery
The study of ethics related to issues that arise in healthcare
Bioethics
Disclosure of information without proper authorization
Breach of confidentiality
A process in which a person, an institution, or a program is evaluated and recognized as meetings certain predetermined standards to provide safe and ethical patient care
Certification
The Damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident
Compensatory damages
Able to make rational decisions about personal well-being
Competent
Permission to render care
Consent
A legal defense that may be raised when that defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff
Contributory negligence
In an established process to determine qualifications necessary to be allowed to practice a particular profession, or to function as an organization
Credentialing
Ability to understand and process information and make a choice regarding appropriate medical care.
Decision-making capacity
The communication of false information about a person that is damaging to that person’s reputation or standing in the community
Defamation
Blood settling to the lowest Point of the body causing discoloration of the skin; a definitive sign of death
Dependent lividity
Oral questions asked of parties and witnesses Under oath
Dispositions
The phase of a civil lawsuit where the plaintiff and defense obtain information from each other that will enable the Attorneys to have a better understanding of the case and which will assist in negotiating a possible settlement or in preparing for trial. Discovery includes depositions, interrogatories and demands for production of records
Discovery
Written documentation by a physician giving permission to medical personnel not to attempts resusciation in the event of caridac arrest
do not resuscitate (DNR) orders
A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf, in the event that the person making the appointment loses decision-making capacity
Durable power of attorney for health care
A medicolegal term relating to certain personnel who either by statue or by function have a responsibility to provide care
Duty to act
A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult.
Emancipated minors
A serious situation, such as injury or illness that threatens the life or welfare of a person or group of people and requires immediate intervention
Emergency
The principle of law that permits a health care provider to treat a patient in an emergency situation when the patient is incapable of granting consent because of an altered level of consciousness, disability, the effects of drugs or alcohol, or the patient’s age.
Emergency doctrine
Immediate care or treatment.
Emergency medical care
The philosophy of right and wrong, of moral duties, and of ideal professional behavior.
Ethics
A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport.
Expressed consent
The confinement of a person without legal authority or the person’s consent.
False imprisonment
The act of physically preventing an individual from initiating any physical action.
Forcible restraint
Statutory provisions enacted by many states to protect citizens form liability for errors and omissions in giving good faith emergency medical care, unless there is a wanton, gross, or willful negligence.
Good Samaritan laws
Legal doctrine that can protect an EMS provider from being sued or which may limit the amount of the monetary judgment that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities.
Governmental immunity
Conduct that constitutes a willful or reckless disregard for a duty or standard or care.
Gross negligence
A writer document that specifies medical treatment for a competent patient, should he or she become unable to make decisions. Also known as an advance directive or a living will.
Health care directive
A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf in the event that the person making the appoint loses decision making capacity. Also known as a durable power or attorney for health care.
Health care proxies
Type of consent in which at patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.
Implied consent
Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained.
Informed consent
Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
In loco parentis
Written questions that the defense and plaintiff send to one another.
Interrogatories
The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her content.
Kidnapping
False and damaging information about a person that is communicated in writing.
Libel
The process whereby a competent authority, usually the state, allows people to perform a regulated act.
Licensure
A term relating to medical jurisprudence (law) or forensic medicine.
Medicolegal
A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.
Morality
Failure to provide the same care that a person with similar training would provide
Negligence
A theory that may be used when the conduct or the person being sued is alleged to have occurred in clear violation of a statue.
Negligence per se
The right of a patient to make informed choices regarding his or her health care.
Patient autonomy
Any information about health status, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history.
Protected health information (PHI)
When a person who has a duty abuses it, and causes harm to another individual, the EMT, the agency, and/or the medical director may be sued for negligence
Proximate causation
Decomposition of body tissues; a definitive sign of death.
Putrefaction
When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred.
res ipsa loquitor
Stiffening of the body muscles; a definitive sign of death
Rigor mortis
Most commonly defined by state law; outline the care that the EMT is able to provide for the patient.
Scope of practice
False and damaging information about a person that is communicated by the spoken word.
Slander
Written, accepted levels of emergency care expected by reason of training and profession; written by legal or professional organizations so that patients are not exposed to unreasonable risk or harm.
Standard of care
The time within which a case must be commenced
Statute of limitations
A wrongful act that gives rise to a civil lawsuit.
Tort
