Medical, Legal, and Ethical Issues: Ch 3

Question 1

The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her consent.

Answer 1

kidnapping

Question 2

Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.

Answer 2

in loco parentis

Question 3

Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death.

Answer 3

dependent lividity

Question 4

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. Also known as a durable power of attorney for health care.

Answer 4

health care proxy

Question 5

When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred.

Answer 5

res ispa loquitur

Question 6

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.

Answer 6

durable power of attorney for health care

Question 7

A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute.

Answer 7

negligence per se

Question 8

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called a living will or health care directive.

Answer 8

advance directive

Question 9

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.

Answer 9

standard of care

Question 10

A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.

Answer 10

morality

Question 11

A legal defense that may be raised when the defendant thinks that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

Answer 11

contributory negligence

Question 12

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.

Answer 12

compensatory damages

Question 13

Disclosure of information without proper authorization.

Answer 13

breach of confidentiality

Question 14

A written 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.

Answer 14

health care directive

Question 15

A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care.

Answer 15

duty to act

Question 16

Able to make rational decisions about personal well-being.

Answer 16

competent

Question 17

Written questions that the defense and plaintiff send to one another.

Answer 17

interrogatories

Question 18

Ability to understand and process information and make a choice regarding appropriate medical care.

Answer 18

decision-making capacity

Question 19

The confinement of a person without legal authority or the person’s consent.

Answer 19

false imprisonment

Question 20

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. This includes depositions, interrogatories, and demands for production of records.

Answer 20

discovery

Question 21

Immediate care or treatment.

Answer 21

emergency medical care

Question 22

Conduct that constitutes a willful or reckless disregard for a duty or standard of care.

Answer 22

gross negligence

Question 23

Cooling of the body after death until it matches the ambient temperature.

Answer 23

algor mortis

Question 24

The time within which a legal case must be commenced.

Answer 24

statute of limitations

Question 25

The communication of false information about a person that is damaging to that person’s reputation or standing in the community.

Answer 25

defamation

Question 26

The manner in which principles of ethics are incorporated into professional conduct.

Answer 26

applied ethics

Question 27

The act of physically preventing an individual from initiating any physical action.

Answer 27

forcible restraint

Question 28

A term relating to medical jurisprudence (law) or forensic medicine.

Answer 28

medicolegal

Question 29

False and damaging information about a person that is communicated in writing.

Answer 29

libel

Question 30

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.

Answer 30

proximate causation

Question 31

Unlawfully placing a patient in fear of bodily harm.

Answer 31

assault

Question 32

Unlawfully touching a patient or providing emergency care without consent.

Answer 32

battery

Question 33

Legal doctrine that can protect an EMS provider from being sued or that 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.

Answer 33

governmental immunity

Question 34

Stiffening of the body muscles; a definitive sign of death.

Answer 34

rigor mortis

Question 35

Oral questions asked of parties and witnesses under oath.

Answer 35

depositions

Question 36

The philosophy of right and wrong, of moral duties, and of ideal professional behavior.

Answer 36

ethics

Question 37

Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public.

Answer 37

punitive damages

Question 38

Wrongful acts that give rise to a civil lawsuit.

Answer 38

torts

Question 39

Decomposition of body tissues; a definitive sign of death.

Answer 39

putrefaction

Question 39

Decomposition of body tissues; a definitive sign of death.

Answer 39

putrefaction