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PC1-2 > Vol.1-Ch.7 "Medical Legal Aspects of Out of Hospital Care" > Flashcards

Vol.1-Ch.7 "Medical Legal Aspects of Out of Hospital Care" Flashcards

1
Q

Ethical standards are not _____.

A

Laws

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2
Q

Our duties are based off _____ and set by _____.

A

based off of generally accepted standard

set by statutes and regulations

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3
Q

what are the 4 primary sources of law?

A
  • Constitutional
  • Common
  • Statuatory
  • Regulatory
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4
Q

Constitutional law protects against?

A

Governmental abuse

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5
Q

Common law (also known as ?) is what?

A

AKA = case law or judgement-made law

Changes over time after established principals are tested and adapted.

It is a principal that our legal system should follow precedents set by other courts (basically similar cases should follow a similar fate)

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6
Q

Statutory Law (aka ?) is at what levels of government and takes precedence over what?

A

AKA = legislative law

Created by lawmakers and legislative bodies

Enacted at the federal, state, and local levels
(Takes precedence over common law aka the courts)

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7
Q

Regulatory law (aka ?) is enacted by whom?

A

AKA = Administrative law

Enacted by administrations or governmental agencies

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8
Q

What are the 2 general categories of law? What does each one mean?

A

Criminal Law: deals with crime and punishment (individual VS society)

Civil Law: Noncriminal issues

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9
Q

What is Tort Law? What would it cover?

A

A branch of civil law that deals with civil wrongs of one person against another

Includes: negligence, medical malpractice, assault, battery, and slander

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10
Q

Civil Litigation involves a _____ and a _____

A

Plaintiff VS Defendant

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11
Q

Most paramedic court cases will take place in what level of the courts? Most laws the effect us are?

A

State court system ; State Laws

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12
Q

Trial Courts VS Appellate courts

A

Trial Courts: judge or jury determines outcome of cases

Appellate Court: Hears appeals of the decisions made by the trail courts

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13
Q

What 9 components are involved in a civil law suit?

A
  • incident
  • investigation
  • filing of the complaint
  • answering the complaint
  • discovery
  • trial
  • decision
  • appeal
  • settlement
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14
Q

What 3 things may the Discovery phase include in a civil law suit?

A
  • Examination before trial (“deposition”) : allows witness to answer questions under oath
  • Interrogatory : Either side can have a set of written questions that require written answers
  • Requests for document production : either side can request pertinent documents
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15
Q

A complaint can also be called a ____?

A

Petition

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16
Q

The scope of practice is set by what/whom?

A

Set by state law/regulation and/or by medical direction

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17
Q

States will often have a _____ that governs the practice of medicine and all health care professionals.

A

Medical Practice Act

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18
Q

Paramedics should follow ____ and ____ medical diractions?

A

On-line and Off-line

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19
Q

When can you refuse an order given to you by the doctor on medical direction?

A

When the order is out of your scope of skills ; not consistent with established protocols or procedures ; or if you reasonably believe it will be harmful for your patient

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20
Q

How should you handle a situation where you must refuse medical direction?

A

First bring up your concerns with medical direction, if that doesn’t resolve the issue then refuse the order and document everything

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21
Q

What is required before an intervener physician can assume control of patient care? (4)

A
  • Proper identification
  • licensed to practice in the state
  • willing to accept the responsibility of care until the Pt gets to the hospital
  • willing to document the intervention
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22
Q

Certification VS Licensure?

A

Certification - recognition that a person has met the requirements to practice a certain activity

License - Government regulation that grants permission to a person who meets qualifications to practice a certain profession

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23
Q

Things observed that require reporting to authorities

A

Include :

  • Spousal, child, or elder abuse or neglect
  • violent crimes (sex assault, gunshot, stabs)
  • Public health hazards (animal bites, communicable diseases)
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24
Q

Immunity = ?

A

Exemption from legal liability

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25
Q

Governmental Immunity = ?

A

doctrine that prohibits a person from bringing a lawsuit against a government without consent

**(only protects government and not paramedic, especially a paramedic not working for a government agency)

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26
Q

Good Samaritan Law = ?

Protects a person so long as they do what? (4)

A

provides immunity to people who assist at the scene of an emergency.

Requires a person to:

  • act in good faith
  • not negligent
  • acts within the scope of practice
  • does not accept payment for service
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27
Q

Most insurances will cover ____ negligence but not _____ negligence.

A

Most insurances will cover simple negligence but not gross negligence.

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28
Q

What is an example of a law that protects paramedics when they are exposed to blood borne or airborne diseases?

A

Ryan White Comprehensive AIDS Resource Emergency Act (Ryan White CARE Act) (Federal Law)

Allows a paramedic to access a Pts records to check if Pt has illness when exposed to their blood

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29
Q

What is intentional tort?

A

A civil wrong committed by one person on another based on a willful act

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30
Q

Negligence = ?

What is negligence synonymous with?

A

A deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm.

Negligence = Malpractice

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31
Q

A plaintiff must have what 4 things to win a negligence claim against a paramedic?

A
  • a duty to act
  • a breach of that duty
  • actual damages to the Pt or other individual
  • proximate cause (causation of damages)
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32
Q

If an off duty paramedic see someone choking he has ____ obligation to help. But if he chooses too then he is ____ to continue care.

A

If an off duty paramedic see someone choking he has no legal obligation to help. But if he chooses too then he is legally obligated to continue care.

33
Q

A breach of duty may occur by what three things? What is each one?

A

Malfeasance : the performance of a wrongful or unlawful act by the paramedic

Misfeasance : the performance of a legal act in a manner that is harmful

Nonfeasance : Failure to perform a required act or duty

34
Q

What does Res Ipsa Loquitur mean?
When is it relevant?
What 3 things are required?

A

It means “the thing speaks for itself”

It can be used by a plaintiff to win a civil suit when the following can be proved:

  • Damages would not have occurred without someone else’s negligence
  • instruments causing damages were under the defendant’s control the whole time
  • the Pt did nothing to contribute to their own injury
35
Q

Can a lawsuit still be won if there are no actual damages to the plaintiff?

A

No

36
Q

Punitive damages = ?

A

Punishing damages (usually not covered by insurance)

37
Q

Proximate cause can also be thought of as _____? What does proximate cause mean?

A

Foreseeability; It means that the plaintiff must prove that the damages were reasonably foreseeable by the paramedic

38
Q

What are 4 defenses against charges of negligence?

A
  • good Samaritan laws
  • governmental immunity
  • Statute of Limitations (sets a time limit on how long after incident, a case could still be made in a court)
  • Contributory or comparative negligence (lessens plaintiff rewards if they contributed to their own injury)
39
Q

What things should you do to protect yourself against claims of negligence? (5)

A
  • appropriate training, edu, and continuing edu
  • appropriate medical direction online and offline
  • accurate thorough documentation
  • professional attitude and demeanor always
  • use common sense
40
Q

Are you liable for EMTs performing under you?

A

Yes

41
Q

What root issues might you have to restrain someone for being a risk to themselves or others?

A
  • medical condition
  • psychiatric condition
  • substance abuse
42
Q

Excited delirium syndrome (ExDS) presents with?
Usually seen in combo with what?
What % of people die from this?

A

It presents with a triad of :

  • delirium
  • psychomotor agitation
  • physiological excitation

It is usually seen with stimulant drug abuse

About 8-14% die from this

43
Q

What is restraint asphyxia or positional asphyxia?

A

Death or injury caused by being restrained or put in a restrictive position, and is usually seen in combo with excited delirium syndrome but not always.

Positional is usually seen in combo with depressants

44
Q

Medical confidentiality includes? (3)

A
  • Medical history
  • assessment findings
  • treatment
45
Q

Under what circumstances can a patients confidential info be released? (4)

A
  • Patient consents to the release of the records (only acceptable in writing)
  • Other medical care providers need to know (providers with responsibility of care only)
  • When it is required by law
  • For 3rd party billing
46
Q

What are the 3 barriers to protect patient confidintiality?

A
  • Administrative
  • Electronic
  • Physical
47
Q

What is defemation? Libel? Slander?

A

Defamation: Intentional WRITTEN OR VERBAL false communication that injures another persons reputation

Libel: Intentional WRITTEN communication that injures another persons reputation

Slander: Intentional VERBAL false communication that injures another persons reputation

48
Q

Invasion of privacy = ?

A

Release of confidential info, without legal justification regarding a Pts private life.

49
Q

Consent is granting permission to treat but also and more importantly, permission to _____?

A

Touch

50
Q

There is no absolute test for competency but what 5 factors should you keep in mind when determining competency required for consent?

A
  • Mental status
  • ability to respond to questions
  • what the family and or friends say about mental status norm
  • evidence of drugs/alcohol
  • evidence of shock or hypoxia
51
Q

In order for medical care to be given _____ _____ must be obtained

A

Informed consent

52
Q

What info must be given to Pt in order for consent to be informed consent? (5)

A
  • Nature of illness or injury
  • Nature of recommended treatments
  • Risk, dangers, benefits to the treatments
  • Alternative treatment possibilities if any are present
  • Dangers of refusing treatment or treansport
53
Q

Can a Pt revoke consent at any time during treatment or transport?

A

Yes

54
Q

Expressed Consent VS Implied Consent VS Involuntary Consent

A

Expressed Consent : When a person directly gives permission to treat (verbally, nonverbal, or in writing)

Implied Consent : Assumed consent when a person is not mentally, physically, or emotionally able to give consent

Involuntary Consent : Court ordered treatment whether a Pt wants it or not (like communicable diseases or being held for a psych eval)

55
Q

If a Pt is in police custody and they give consent to treat the Pt, is that acceptable over what the Pt consent is?

A

No, the Pt always has the right to decide on treatment for themselves. Even if they are in custody.

56
Q

Do you have to have consent for every treatment?

A

Yes, but consent doesn’t always have to be specific. It can be expressed as allowing care to be rendered

57
Q

Under what situations is a kid considered emancipated?

A
  • married
  • pregnant
  • parent
  • in the military
  • financially independent and living away from home
58
Q

A problem Pt may include ?

A

A pt who is:

  • violent
  • victim of drug OD
  • inoxicated adult or minor
  • ill or injured minor with no adult
59
Q

What are 3 danger zones for breaking professional boundaries?

A
  • being tired
  • being seduced (which means being led away from one’s principals, ethics, faith, or allegiance and can be caused by sex, money, drugs, food, etc)
  • being unprepared
60
Q

You cannot turn over care to _____?

A

Anyone with less training than you

61
Q

Assault Vs Battery

A

You can have assault and or battery claims against you if you do not get consent to treat

Assault : unlawfully placing someone in the apprehension of immediate bodily harm

Battery : unlawful touching of a person

62
Q

When might you be charged with false imprisonment?

A

If you transport someone without consent

63
Q

Reasonable Force = ?

A

minimum required force necessary to ensure your Pt does not hurt themselves or others

64
Q

Restraining devices include ? (3)

A
  • straps
  • jackets
  • restraining blankets
65
Q

One of the greatest risks to liability a medic runs into involves?

A

Motor vehicle operation

66
Q

In general, facility selection should be based on what 3 things?

A
  • Pt request
  • Pt need
  • Facility capability

Usually follow the Pt’s facility preference especially if required by insurance

67
Q

What are some examples of when resuscitation is not required? (4)

A
  • Valid DNR order
  • Obviously dead Pts
  • Obvious tissue decay or extreme dependent lividity
  • Pt in a scene too hazardous to enter
68
Q

Patient Self-Determination Act of 1990

A

Requires hospitals and physicians to provide patients and families with sufficient info to make informed decisions about medical treatment and use of life support measures

69
Q

Advanced Directive = ?

A

A document created to ensure that certain treatment choices are honored when a Pt is unconscious or unable to express his choice of treatment

70
Q

Most common advanced directives include ? (4)

A
  • Living wills
  • durable power of attorney for health care or health care proxy
  • DNR orders
  • Organ donor cards
71
Q

Living will = ?

A

Legal document that allows a person to specify the kinds of medical treatment he wishes to receive

72
Q

Who signs the DNR order?

A

A Pt and their physician

73
Q

Physician orders for life sustaining treatment (POLST) = ?

A

usually used for terminally ill Pts and it is a set of directions of what care to provide made between the Pt and Doctor

74
Q

What should you do when you have a Pt that is an organ donor?

A
  • Make sure you try to maintain organ viability through IV fluids, CPR, and ventilation
  • Contact Medical direction
75
Q

Treatment of the Pt does not end until?

A

You have completed your report documenting from the initial response to the transfer of the Pt to a hospital

76
Q

A well documented Pt care report includes ? (5)

A
  • it is completed promptly after patient contact
  • it is thorough
  • it is objective
  • it is accurate
  • it maintains patient confidentiality
77
Q

What should you do if a Pt care report is incomplete or poorly written and found to be at a later date

A

Update it as quick an accurately as possible WITH AN AMENDMENT, do not alter the original. Place date and time of amendment and send to needed staff for updates

78
Q

Employment Laws = ?

A

Laws that address employee-employer relationships

79
Q

Examples of federal laws that protect employee rights (7)

A
  • Americans with Disabilities Act (15+ employees; prevents discriminations on employees with disabilities)
  • Title VII (prohibits workplace harassment/discimination, applies to comps with 15+ employees)
  • Amendments to Title VII
  • Family medical care act
  • Fair labor standards act
  • Occupational Safety and Health Act
  • Ryan White CARE Act

PC1-2 (23 decks)

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