MIDTERMS (LEC) Flashcards
the division of the legal system that deals with wrongs against society or its members.
Criminal Law
the act or process of carrying on a lawsuit.
Litigation
the division of the legal system that deals with non- criminal issues and conflicts between two parties.
Civil Law
Civil Law examples
. contracts, domestic relations and torts
a branch of civil law concerning civil wrongs between two parties.
Tort Law
Tort Law examples
e.g. malpractice suit
a state legislation that defines the scope and role of the paramedic and all prehospital workers
Medical Practice Acts and State EMS Legislation
is the granting of privileges by a physician to a a non-physician to perform well-delineated skills and procedure
delegation of authority
may only function under the direct supervision of a licensed physician by telephonic or radio communications, or by accepted, approved standing orders
The paramedic
only protect those that have had basic first aid training and are certified.
Good Samaritan laws
4 Key Elements
1.Acts in good faith 2.Is not negligent
3.Acts within the scope of his or her training 4.Does not accept payment for his or her services.
responds to an emergency or disaster
The VHP is immediately confronted with the risk of
civil liability for negligence conduc
Volunteer liability
is a deviation from an accepted standard of care. It is synonymous with malpractice in the context of medical care.
Negligence
Four Elements In Order to Win a Lawsuit for Negligence:
- Duty to Act
- Breach of duty by the paramedic
- prove there were damages
- paramedic’s actions were the proximate cause of the damages
a legal concept describing a person, who, through his or her actions, does something that produces an effect. In current usage, it usually means that a person was the immediate causative factor in a civil or criminal wrong.
proximate cause
A Latin phrase meaning “ the thing speaks for itself,”
*res ipsa loquitur
the granting of permission to treat, by a patient to a health care provider.
Consent
the termination of a health care provider-patient relationship, without assurance that an equal or greater level of care will continue
Abandonment
refusal of care by a patient must be informed and properly documented.
Refusal of Service
an action that places a person in immediate fear of bodily harm.
Assault
the unlawful touching of a person without his or her consent.
Battery
defined as intentional and unjustifiable detention.
False imprisonment
the act of injuring a person’s character, name, or reputation by false or malicious writings.
Libel
the act of injuring a person’s character, name, or reputation by false or malicious spoken words.
Slander