EMS: Chapter 3 Medical, Legal, and Ethical Issues – Flashcards
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Abandonment
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Unilateral termination of care by the EMT without the patients 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
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Advance Directive
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Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called living will or health care directive
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Applied Ethics
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The manner in which principles of ethics are incorporated into professional conduct
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Assualt
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Unlawfully placing a patient in fear of bodily harm
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Battery
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Touching a patient or providing emergency care without consent
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Bioethics
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The study of ethics related to issues that arise in healthcare
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Breach of Confidentiality
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Disclosure of information without proper authorization
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Certification
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A process in which a person, an institution, or a program is evaluated and recognized as meeting certain predetermined standards to provide safe and ethical care.
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Compensatory Damages
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Damages awarded in a civil suit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident complained about in the lawsuit
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Competent
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Able to make rational decisions about personal well-being
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Consent
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Permission to render care
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Contributary Negligence
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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
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Decision Making Capacity
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Ability to understand and process information and make a choice regarding appropriate medical care
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Defamation
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The communication of false information about a person that is damaging to that persons reputation or standing in the community
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Dependent Lividity
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Blood settling to the lowest point of the body, causing discoloration of the skin
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Depositions
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Oral questions asked of parties and witnesses under oath
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Discovery
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The phase of a civil suit 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. Includes depositions, interrogatories, and demands for production of records
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Do Not Resuscitate (DNR) Orders
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Written documentation by a physician giving permission to medical personnel to not attempt resuscitation in the event of cardiac arrest
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Durable Power of Attorney for Health Care
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A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his/her behalf in the event that the person making the appointment loses decision making capacity
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Duty to Act
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A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care
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Emancipated Minors
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A person who is under the legal age in a state but, because of other circumstances, is legally considered an adult
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Emergency
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A serious situation, such as injury or illness, that threaten the life or welfare of a person or group of people and requires immediate attention
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Emergency Doctrine
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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 LOC, disability, the effects of drugs or alcohol, or the patients age
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Emergency Medical Care
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Immediate medical care or treatment
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Ethics
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The philosophy of right and wrong, of moral duties, and of ideal professional behavior
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Expressed Consent
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A type of consent in which a patient gives express authorization for provision of care and transport
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False Imprisonment
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The confinement of a person without legal authority or the persons consent
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Forcible Restraint
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The act of physically preventing an individual from initiating any physical action
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Good Samaritan Laws
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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
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Governmental Immunity
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IF your service is covered by immunity, it may mean that you cannot be sued or it may limit the ammount of the monetary judgment that the plaintiff may recover, generally applies only to the EMS services that are operated by municipalities or other governmental entities
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Gross Negligence
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Conduct that constitutes a willful or reckless disregard for a duty or standard of care
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Health Care Directive
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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
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Health Care Proxies
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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 the person making the appointment loses decision making capacity. Also known as a durable power of attorney for health care.
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Implied Consent
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Type of consent in which a patient who is unable to give consent is given to treatment under the legal assumption that he or she would want treatment
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Informed Consent
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Permission for treatment given by a competent patient after the potential risks, benefits, and alternative to treatment have been explained
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In Loco Parentis
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Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent
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Interragatories
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Written question that the defense or plaintiff send to one another
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Kidnapping
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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
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Libel
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False and damaging information about a person that is communicated in writing
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Licensure
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The process whereby a competent authority; usually the state, allows individuals to perform a regulated act
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Medicolegal
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A term relating to medical jurisprudence or forensic medicine
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Morality
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A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience
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Negligence
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Failure to provide the same care that a person with similar training would provide
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Negligence Per Se
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A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statue
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Patient Autonomy
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The right of a patient to make informed choices regarding his/her health care
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Precedence
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Basing current action on lessons, rules, or guidelines derived from previous similar expiriences
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Protected Health Information (PHI)
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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 patients medical record or payment history
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Proximate Causation
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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
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Punitive Damages
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Damages that are sometimes awarded in a civil suit when the conduct of the defendant was intentional or constitutes a reckless disregard for the safety of the public
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Putrefication
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Decomposition of body tissues
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Res Ipsa Loquitor
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When the EMT or an EMS service is held liable even when the plaintiff is unable to clearly demonstrate how the injury occured
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Rigor Mortis
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Stiffening of the body; definitive sign of death
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Scope of Practice
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Most commonly defined by state law; outlines the care you are able to provide for the patient
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Slander
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False and damaging information about a person that is communicated by the spoken word
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Standard of Care
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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
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Statute of Limitations
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The time within which a case must be commenced
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Tort
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A wrongful act that gives rise to a civil suit
