Medical, Legal, And Ethical Issues Flashcards
abandonment
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
advance directive
written documentation that specifies medical treatment for competent patient should be patient, and able to make decisions; also called a living will or Health Care directive
applied ethics
the manner in which principles of Ethics are incorporated into professional conduct
assault
unlawfully placing a patient in fear of bodily harm
battery
unlawfully touching a patient or providing Emergency Care without consent
bioethics
the study of Ethics related issues that arise in healthcare
breach of confidentiality
disclosure of information without proper authorization
certification
a process in which a person, an institution, or a program is evaluated and recognized as meeting criteria predetermined standard to provide safe and ethical patient care
compensatory damages
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
competent
able to make rational decisions about personal well-being
consent
permission to render care
contributory negligence
a legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff
credentialing
an established process to determine the qualifications necessary to be allowed to practice a particular profession, or to function as an organization
decision-making capacity
ability to understand and process information and make a choice regarding appropriate Medical Care
defamation
the communication of false information about a person that is damaging to that person’s reputation or standing in the community
dependent lividity
blood settling to the lowest point of the body, causing discoloration of the skin; a definite of sign of death
depositions
oral questions asked of parties and witness under oath
discovery
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
do not resuscitate(DNR) orders
written documentation by physical given permission to medical personnel not to attempt resuscitation in the event of cardiac arrest
durable power of attorney for health care
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.
duty to act
a medical legal term relating to certain Personnel who either by Statute or by function have a responsibility to provide care
emancipated minors
a person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult
emergency
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 Doctrine
the principle of law that permits a healthcare 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 effect of drugs or alcohol, or the patient’s age
emergency medical care
immediate care or treatment
ethics
the philosophy of right and wrong, of moral duties, and ideal professional Behavior
expressed consent
a type of consent in which a patient gives verbal or non-verbal authorization for provision of care or transportation
false imprisonment
the confinement of a person without legal Authority or the person’s consent
forcible restraint
the act of physically preventing an individual from initially any physical action
Good Samaritan law
statutory Provisions enacted by many states to protect citizens from liability for errors and omissions in give them good faith emergency medical care, unless there is wanton, gross, or willful negligence
governmental immunity
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
gross negligence
conduct that constitutes a wilful or Reckless disregard for a Duty or standard of care
Health Care directive
a written document that specifies medical treatment for a competent patient, should he or she become unable to make decisions. Also known as advance directive or a living will.
Health Care proxies
a type of advance directive executed by competent adult that appoints another individual to make medical treatment decisions on his or her behalf in the event of that person making the appointment who’s the decision-making capacity. also known as durable power of attorney for health care
implied consent
type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment
informed consent
permission for treatment given by competent patient after potential risk, benefits, and alternatives to treatment have been explained
in loco parentis
refers to the legal responsibilities of a person organizations to take on some of the functions and responsibilities of a parent
interrogatories
written questions that the defense and plaintiff send to one another
kidnapping
the seizing, confining, abducting, or carrying away of a person by force, including Transportation a competent adult for medical treatment without his or her consent
libel
false and damaging information about a person that is communicating in writing
licensure
the process whereby a competent Authority, usually the state, I lost you put a perform a regulated Act.
medicolegal
a term relating to Medical jurisprudence (law) or forensic medicine
morality
a code of conduct that can be defined by Society, religion, or a person, affecting character, Conduct, and consciousness.
negligence
failure to provide the same care that a person with similar trainings would provide
negligence per se
a theory that may be used when that conduct of the person being sued is alleged to have occurred in clear violation of statute
patient autonomy
protected health information (PHI) any information about health status, provisions of healthcare, or payment for healthcare that can be linked to an individual. This is interpretive rather broadly and includes any part of the patient’s medical record or payment history
proximate causation
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
punitive damages
damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentionally or constituted a reckless disregard for the safety of the public
putrefaction
decomposition of body tissue; a definite sign of death
res ipsa loquitur
when the EMT or an EMS system is held liable even when the plaintiff was unable to clearly demonstrate how an injured occurred
rigor mortis
stiffening of the body muscles; a definite sign of death
scope of practice
most commonly defined by state law; outlines the care that the EMT is able to provide for the patient
slander
false and damaging information about a person that is communicating by the spoken word
standard of care
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
statute of limitations
the time within which a case must be commenced
tort
a wrongful act that gives rise to a civil lawsuit