Medical, Legal, And Ethical Issues (Ch. 3)

Question 1

Abandonment

Answer 1

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.

Question 2

Advance Directive

Answer 2

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.

Question 3

Algor Mortis

Answer 3

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

Question 4

Applied Ethics

Answer 4

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

Question 5

Assault

Answer 5

Unlawfully placing a patient in fear of bodily harm.

Question 6

Battery

Answer 6

Unlawfully touching a patient or providing emergency care without consent.

Question 7

Bioethics

Answer 7

The study of ethics related to issues that arise in health care.

Question 8

Breach of confidentiality

Answer 8

Disclosure of information without proper authorization.

Question 9

Compensatory Damages

Answer 9

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.

Question 10

Competent

Answer 10

Able to make rational decisions about personal well-being.

Question 11

Consent

Answer 11

Permission to render care.

Question 12

Contributory Negligence

Answer 12

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.

Question 13

Decision-making capacity

Answer 13

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

Question 14

Defamation

Answer 14

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

Question 15

Dependent Lividity

Answer 15

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

Question 16

Depositions

Answer 16

Oral questions asked of parties and witnesses under oath.

Question 17

Discovery

Answer 17

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 trail. Discovery includes depositions, interrogations, and demands for the production of records.

Question 18

Do not resuscitate (DNR) order

Answer 18

Written documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest

Question 19

Durable power of attorney for healthcare

Answer 19

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

Question 20

duty to act

Answer 20

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

Question 21

Emancipated minor

Answer 21

A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult.

Question 22

Emergency doctrine

Answer 22

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.

Question 23

Emergency medical care

Answer 23

Immediate care or treatment

Question 24

Ethics

Answer 24

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

Question 25

Expressed consent

Answer 25

A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport

Question 26

False imprisonment

Answer 26

The confinement of a person without legal authority or the persons consent

Question 27

Forcible restraint

Answer 27

The act if physically preventing an individual from initiating any physical action

Question 28

Good Samaritan Laws

Answer 28

Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving good. faith emergency medical care, unless there is wanton, gross, or willful negligence.

Question 29

Punitive damages

Answer 29

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.

Question 30

Governmental Immunity

Answer 30

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.

Question 31

Libel

Answer 31

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

Question 32

Medicolegal

Answer 32

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

Question 33

Morality

Answer 33

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

Question 34

Gross negligence

Answer 34

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

Question 35

Health Care Directive

Answer 35

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 director or a living will.

Question 36

Health Care Proxy

Answer 36

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.

Question 37

Implied Consent

Answer 37

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.

Question 38

informed consent

Answer 38

Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained.

Question 39

Negligence

Answer 39

Failure to provide the same care that a person with similar training would provide.

Question 40

in loco parents

Answer 40

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

Question 41

interrogatories

Answer 41

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

Question 42

kidnapping

Answer 42

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.

Question 43

Negligence per se

Answer 43

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.

Question 44

patient autonomy

Answer 44

The right of a patient to make informed choices regarding his or her health care.

Question 45

protected health information (PHI)

Answer 45

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.

Question 46

proximate causation

Answer 46

When a person who has a duty abuses it, and causes harm to another indi. vidual, the EMT, the agency, and/or the medical director mav be sued for negligence.

Question 47

putrefaction

Answer 47

Decomposition of body tissues; a definitive sign of death.

Question 48

res ipsa loquitur

Answer 48

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

Question 49

rigor mortis

Answer 49

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

Question 50

scope of practice

Answer 50

Most commonly defined by state law; outlines the care that the EMT is able to provide for the patient.

Question 51

slander

Answer 51

False and damaging information about a person that is communicated by spoken word.

Question 52

standard of care

Answer 52

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.

Question 53

sintute of limitations

Answer 53

The time within which a case must be commenced.

Question 54

Torts

Answer 54

Wrongful acts that give rise to a civil lawsuit.