6 Medical Legal Issues Flashcards

1
Q
What law/act protects a person rendering aid to a crash victim in good faith and without expectation of compensation?
A.
Protection for Suit law
C.
Duty to Respond act
B.
First Responder act
D.
Good Samaritan law
A

D

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2
Q
What term best describes the step in the legal process that involves the exchange of documents and taking of depositions?
A.
Summons
C.
Discovery
B.
Mandatory reporting
D.
Disclosure
A

C

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3
Q
What is the testimony that is taken under oath outside of a courtroom called?
A.
Deposition
C.
Summons
B.
Transcript
D.
Complaint
A

A

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4
Q

What statement most accurately represents medical liability in EMS?
A.
It is rarely a problem for EMS providers.
B.
It is a problem reserved primarily for hospital staff.
C.
It is a valid concern for today’s EMS providers.
D.
Historically, it is a problem for EMS providers.

A

C

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5
Q
Under what provision could a paramedic be liable for an EMT’s actions?
A.
Authority-for-action law
C.
Higher-education policy
B.
Borrowed-servant doctrine
D.
Supervisory clause
A

B

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6
Q

Who does the paramedic have legal responsibilities to?
A.
The patient and the employer
B.
The patient, the employer, and the medical director
C.
The patient, the medical director, and the public
D.
The patient, the employer, the medical director, and the public

A

D

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7
Q
What are regulations that are developed by a governmental agency to provide details about the function and process of the law called?
A.
Legislative law
C.
Common law
B.
Administrative law
D.
Criminal law
A

B

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8
Q
What is the term that describes judge-made law or case law called?
A.
Legislative law
C.
Common law
B.
Administrative law
D.
Criminal law
A

C

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9
Q
If a paramedic is sued by a patient for failing to treat him with the appropriate respect and concern for his welfare, what law has the paramedic violated?
A.
Legislative law
C.
Criminal law
B.
Common law
D.
Civil law
A

D

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10
Q
What law or regulation defines what a paramedic legally can do to treat a patient?
A.
Scope of practice
C.
Treatment plans
B.
Protocols
D.
Legal response
A

A

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11
Q
What is the legislation that governs the extent to which a physician can delegate authority to paramedics?
A.
Definition of delegation act
C.
Scope of practice act
B.
Medical practice act
D.
Physician extender act
A

B

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12
Q

What do the motor vehicle laws relating to emergency vehicle operation dictate?
A.
Limit liability in crashes to civil lawsuits.
B.
Define standards of equipping and operating emergency vehicles.
C.
Prevent paramedics from being sued during emergency responses.
D.
Allow emergency operators to disregard standard motor vehicle laws.

A

B

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13
Q
What does the failure to operate emergency vehicles reasonably and prudently constitute?
A.
Lack of duty to act
C.
Negligence
B.
Breach of duty to act
D.
Poor standard of care
A

B

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14
Q

Why is the standard of care used?
A.
To decide what skills are in a paramedic’s protocols
B.
To delegate care from the physician to the paramedic
C.
To measure the competence of a professional
D.
To prove breach of duty

A

C

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15
Q
What term best describes the conduct that is expected of an individual in a given situation and is measured against one’s conduct of a similarly trained individual?
A.
Medical liability
C.
Medical malpractice
B.
The standard of care
D.
Legislative law
A

B

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16
Q
What law/statute limits the number of years, after an incident has occurred, during which a lawsuit can be filed?
A.
Governmental immunity
C.
Statute of limitations
B.
Good Samaritan law
D.
Res ipsa loquitur
A

C

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17
Q

Which provision is part of the Ryan White Act?
A.
Emergency workers must be informed when they have been exposed to an infectious disease.
B.
Emergency workers have mandatory reporting requirements when interacting with patients with suspected infectious diseases.
C.
Employers must cover the expenses of long-term medical treatment for emergency workers exposed to infectious diseases.
D.
Employers must designate an officer to care for emergency workers exposed to infectious diseases.

A

A

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18
Q
Upon arrival at the hospital, you find the emergency department overflowing with patients. You can find no physician or nurse available to listen to your patient report. You ask an emergency department registration clerk to sign your prehospital care report, and you return to service. What infraction has the paramedic accomplished?
A.
Refusal of prehospital care
C.
Abandonment
B.
Proximate cause
D.
Gross negligence
A

C

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19
Q
If a paramedic fails to perform EMS duties appropriately, what form of liability/discipline is the paramedic susceptible to receiving?
A.
Disciplinary action by her employer only
B.
Civil liability only
C.
Criminal liability only
D.
Civil and criminal liability
A

D

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20
Q
While caring for a patient in cardiac arrest, a paramedic fails to identify that the endotracheal tube he placed is actually in the patient’s esophagus. What does this action constitute?
A.
Malfeasance
C.
Nonfeasance
B.
Misfeasance
D.
Disfeasance
A

B

21
Q
A paramedic is called to the scene where a child has injuries, bruises, and burns inconsistent with the history given by the parents. What statute protects the paramedic from legal consequences associated with reporting this incident to proper authorities?
A.
Informed consent
C.
Confidentiality
B.
Immunity
D.
Liability
A

B

22
Q

The failure to do what action best describes negligence?
A.
Improve the patient’s condition.
B.
Act as a reasonable prudent paramedic would act in similar circumstances.
C.
Administer the appropriate medication to the patient.
D.
Treat the patient with respect.

A

B

23
Q
Paramedics respond to a motor vehicle crash and transport the patient to the emergency department without protecting the cervical spine. The patient has no spinal injuries. In this situation, why are the paramedics protected from a negligence lawsuit?
A.
There was not a duty to act.
B.
There was not a breach of duty.
C.
There was no damage to the patient.
D.
There was no responsibility to the patient.
A

C

24
Q
What is the best defense for a paramedic against a negligence lawsuit?
A.
Using good Samaritan laws
C.
Knowing the statute of limitations
B.
Having governmental immunity
D.
Having competent patient care skills
A

D

25
Q
What is the malpractice insurance carried by an employer to cover on-duty employees called?
A.
Umbrella policy
C.
Coverage policy
B.
Primary policy
D.
Addendum policy
A

A

26
Q
Responding with respect to the physical and emotional needs of the patient and maintaining mastery of skills are examples of what form of responsibilities?
A.
Legal
C.
Expanded
B.
Ethical
D.
Continuing
A

B

27
Q

How do paramedics comply with HIPAA regulations?
A.
Follow the scope of practice outlined by the state legislature.
B.
Maintain their skills and knowledge through continuing education.
C.
Protect the privacy of a patient’s protected health information.
D.
Transport patients to the receiving facility of their choice.

A

C

28
Q
What is verbal or written consent to a treatment called?
A.
Expressed
C.
Implied
B.
Informed
D.
Defined
A

A

29
Q
Ensuring that a patient understands the risks and dangers of a treatment is necessary for the patient to give what form of consent?
A.
Expressed
C.
Implied
B.
Informed
D.
Defined
A

B

30
Q
A paramedic renders emergency care to a patient with head trauma who is confused and responding inappropriately. What form of consent was obtained?
A.
Expressed
C.
Implied
B.
Informed
D.
Defined
A

C

31
Q
What term best describes physical contact with a patient without his or her consent?
A.
Assault
C.
False imprisonment
B.
Battery
D.
Denied consent
A

B

32
Q

A married 16-year-old who is supporting herself is refusing care following an injury. She is alert and oriented and in no apparent distress. How should the paramedic handle this situation?
A.
Honor her decision after explaining the risks of refusing treatment.
B.
Contact her parents to obtain consent; she is not capable of making this decision.
C.
Transport her against her will; she is a minor.
D.
Contact police to assist in transporting the patient against her will.

A

A

33
Q

A mentally competent adult is refusing medical care for a life-threatening medical emergency. How should the paramedic handle this situation?
A.
Honor the patient’s decision after explaining the risks of refusing treatment.
B.
Contact the patient’s private physician to authorize treatment without consent.
C.
Because of the life threat, transport the patient against his or her will.
D.
Contact police to assist in transporting the patient against his or her will.

A

A

34
Q
What term describes intentional and unjustifiable detention of a person?
A.
Assault
C.
False imprisonment
B.
Battery
D.
Denied consent
A

C

35
Q

When dealing with motor vehicle operation of the life support vehicle, what does the right-of-way privileges generally allow a paramedic to do?
A.
Travel the wrong way on one-way streets
B.
Exceed the speed limit by 25 miles per hour
C.
Proceed through intersections without stopping
D.
Park in unauthorized areas

A

D

36
Q
Unless the patient’s condition dictates otherwise, the patient should generally be transported to what location?
A.
Closest hospital
B.
Next hospital on the rotation
C.
Hospital that accepts the patient’s insurance
D.
Hospital of the patient’s choice
A

D

37
Q
The ACS Committee on Trauma designates a trauma center with the capability of providing care for every aspect of injury as what level trauma center?
A.
Level I
C.
Level III
B.
Level II
D.
Level IV
A

A

38
Q
A paramedic transports an injured patient to a county hospital instead of the patient’s hospital of choice because of the patient’s lack of medical insurance. What law has the paramedic violated?
A.
EMTALA
C.
OBETA
B.
CICDD
D.
TUPST
A

A

39
Q

A paramedic responds to a cardiac arrest. The patient has a valid DNR order, but family members request resuscitation. How should the paramedic handle this situation?
A.
Provide CPR and contact medical direction.
B.
Withhold CPR and honor the DNR.
C.
Provide CPR only but do not provide advanced care.
D.
Give other resuscitative measures but withhold CPR.

A

A

40
Q

A terminal cancer patient has a signed valid DNR. The patient’s family requests transport to the hospital and comfort measures such as IV fluid administration and pain medication. How should the paramedic handle this situation?
A.
Provide no care but transport the patient; the DNR takes precedence.
B.
Provide BLS care only.
C.
Provide appropriate care; DNR orders do not interfere with nonresuscitative care.
D.
Provide no care, and do not transport the patient; the DNR takes precedence.

A

C

41
Q

When could resuscitative measures possibly be terminated in the field?
A.
The patient does not respond to five cycles of CPR.
B.
The patient has refractory ventricular fibrillation.
C.
The patient has an unsecured airway.
D.
The patient does not respond to appropriate medications and countershocks.

A

D

42
Q

What phrase best describes advance directives?
A.
The same as no-CPR orders
B.
Legally binding even if the patient or family changes its mind
C.
Interpreted by a physician and formulated into a treatment plan
D.
Beyond the scope of prehospital providers and cannot be honored

A

C

43
Q

What role should EMS providers play in organ donation?
A.
Stop resuscitative efforts for identified organ donors.
B.
Do not provide medications to potential organ donors.
C.
Talk to next of kin about a patient’s intent to donate organs.
D.
EMS providers play no role in organ donation.

A

C

44
Q

Which situation fits the legal definition of “next of kin”?
A.
A divorced spouse if the patient hasn’t remarried
B.
A sibling, even if the patient is married
C.
A 20-year-old adult son
D.
A parent for a married child

A

C

45
Q
What organ can a patient with no heartbeat donate?
A.
Heart
C.
Pancreas
B.
Liver
D.
Corneas
A

D

46
Q
How long after a patient’s death can nonvital tissue donation occur?
A.
Up to 2 hours
C.
Up to 12 hours
B.
Up to 6 hours
D.
Up to 24 hours
A

D

47
Q
A deceased patient has postmortem lividity, no rigor mortis, body temperature equal to environmental temperature, and no signs of decay. How long has the patient most likely been deceased for?
A.
Less than 2 hours
C.
Less than 24 hours
B.
Less than 10 hours
D.
More than 48 hours
A

C

48
Q
What is the priority when responding to a crime scene?
A.
Personal safety
C.
Preservation of evidence
B.
Patient care
D.
Cooperation with the needs of police
A

A