CH. 4 MEDICAL LEGAL AND ETHICAL ISSUES

Question 1

termination of care for the patient without giving the patient sufficient opportunity to find another suitable health care professional to take over his medical treatment

Answer 1

abandonment

Question 2

a written document or oral statement that expresses the wants needs and desires of a patient in reference to future medical care; including living wills, DNR’s, and organ donation choices

Answer 2

advance directive

Question 3

to create in another a fear of immediate bodily harm or invasion of bodily security

Answer 3

assault

Question 4

any act of touching another without that person’s consent

Answer 4

battery

Question 5

an action instituted by a private person or corporation against another private person or corporation

Answer 5

civil suit

Question 6

agreement by the patient to accept a medical intervention

Answer 6

consent

Question 7

act committed by plaintiff that contributes to adverse outcomes

Answer 7

contributory negligence

Question 8

an action instituted by the government against a private person for violation of criminal law

Answer 8

criminal prosecution

Question 9

compensation for injury awarded by a court

Answer 9

damages

Question 10

the patients ability to understand and process the information you give him or her about proposed plan of care

Answer 10

decision making capacity

Question 11

intentionally making a false statement, through written or verbal communication, which injures a person’s good name or reputation

Answer 11

defamation

Question 12

in a civil suit, the person against whom a legal action is brought

Answer 12

defendant

Question 13

a type of advance directive that describes which life sustaining procedures should be performed in the event of a sudden deterioration in the patient’s medical condition

Answer 13

DNR order

Question 14

a right to a fair procedure for a legal action against a person or agency; two components: notice and opportunity to be Heard

Answer 14

due process

Question 15

legal obligation of public and certain other ambulance services to respond to a call for help in their jurisdiction

Answer 15

duty

Question 16

a person who is under the legal age in a given state, legally considered an adult because of other circumstance

Answer 16

emancipated minor

Question 17

The emergency medical treatment and active labor act enacted in 1986 to combat the practice of patient dumping. It regulates hospitals that receive Medicare funding and severely fines hospitals or doctors who violate its provisions

Answer 17

EMTALA

Question 18

a set of values in society that differentiates right from wrong

Answer 18

ethics

Question 19

a type of of informed consent that occurs when the patient does something, either through words or by taking some sort of action, that demonstrates permission to provide care

Answer 19

expressed consent

Question 20

the intentional and unjustified detention of a person against his or her will

Answer 20

false imprisonment

Question 21

a statute providing limited immunity from liability to persons responding voluntarily and in good faith to aid of an injured person outside the hospital

Answer 21

good samaritan law

Question 22

negligence that is willful, wanton, intentional, or reckless; a serious departure from the accepted standards

Answer 22

gross negligence

Question 23

a legal document that allows another person to make health care decisions for the patient, including withdrawal or withholding of care, when the patient is incapacitated

Answer 23

health care power of attorney

Question 24

enacted in 1996 protecting the patient’s health information

Answer 24

HIPAA

Question 25

situation in which an employer or the employer's agent either creates or allows to continue an offensive practice related to sex that makes it uncomfortable or impossible for an employee to continue working

Answer 25

hostile environment

Question 26

legal protection from penalties that could normally be incurred under the law

Answer 26

immunity

Question 27

assumption on behalf of a person unable to give consent that he or she would have done so

Answer 27

implied consent

Question 28

phase used to describe situations in which a designed authority figure makes medical treatment and transport decisions for a minor child when a parent is not available

Answer 28

in loco parentis

Question 29

a patient's voluntary agreement to be treated after being told about the nature of the disease, the risks and benefits of the proposed treatment, alternative treatments or the choice of no treatment at all

Answer 29

informed consent

Question 30

an oxymoron as consent is never involuntary; often used to describe a figure of authority dictating medical care be given to someone in custody incapacitated or a minor

Answer 30

involuntary consent

Question 31

a finding in civil cases that the preponderance of the evidence shows the defendant was responsible for plaintiff's injuries

Answer 31

liability

Question 32

making a false statement in written form that injures a person's good name

Answer 32

libel

Question 33

a type of advance directive generally requiring a precondition for withholding resuscitation when the patient is incapacitated

Answer 33

living will

Question 34

unauthorized act committed outside the scope of medical practice defined by law

Answer 34

malfeasance

Question 35

an act that usually defines the minimum qualifications of those who may perform various health services, defines the skills that each type of practitioner is legally permitted to use, and establishes a means of licensure or certification for different categories of health care professionals

Answer 35

medical practice act

Question 36

appropriate act performed in an improper manner, such as medication administered at the wrong dose

Answer 36

misfeasance

Question 37

pertaining to conscience, conduct, and character

Answer 37

morality

Question 38

professional action or inaction on the part of the health care worker that does not meet the standard of ordinary care expected of similarly trained and prudent health care practitioners and that result in injury to the patient

Answer 38

negligence

Question 39

inexcusable violation of a statute such as practicing without a valid license or certification

Answer 39

negligence per se

Question 40

failing to perform a required or expected act

Answer 40

nonfeasance

Question 41

negligence that is a failure to act or a simple mistake that causes harm to a patient

Answer 41

ordinary negligence

Question 42

a type of care intended to provide comfort and relief from pain

Answer 42

palliative care

Question 43

the right to direct ones own care and to decide how you want your end of life medical care provided

Answer 43

patient autonomy

Question 44

in a civil suit the person who brings a legal action against another person

Answer 44

plaintiff

Question 45

the specific reason that an injury occurred; one of the items that must be proven in order for a paramedic to be held liable for negligence

Answer 45

proximate cause

Question 46

compensation awarded to a plaintiff for intentional or reckless acts committed by the defendant

Answer 46

punitive damages

Question 47

protection in which the paramedic is held liable when the plaintiff can show that the paramedic violated the law in which he should have known

Answer 47

qualified immunity

Question 48

circumstance in which a person in authority attempts to exchange work like a raise or promotion for sexual favors

Answer 48

quid pro quo

Question 49

theory of negligence that assumes an injury can occur only when a negligent act occurs

Answer 49

res ipsa loquitur

Question 50

what a state permits a paramedic practicing under a license or certification to do

Answer 50

scope of practice

Question 51

verbally making a false statement that injures a person's good name

Answer 51

slander

Question 52

what a reasonable paramedic with training would do in the same or similar situation

Answer 52

standard of care

Question 53

laws that limit the time within which a lawsuit may be filed

Answer 53

statutes of limitations

Question 54

a person designated by a patient to make health care decisions as the patient would want when the patient becomes incapable of making decisions

Answer 54

surrogate decision maker

Question 55

a wrongful act that gives rise to a civil suit

Answer 55

tort

Question 56

process of establishing treatment and transportation priorities according to severity of injury and medical need

Answer 56

triage