Flashcards in Chapter 3 Medical, Legal, & Ethical Issues Deck (53)
Scope of Practice
The action and care that EMT's are legally allowed to perform in the state that the work. It also identifies which activities would be deemed illegal if practiced without a license.
Standard of Care
Care that is expected to be provided by an EMT with similar training when managing a patient in a similar situation.
2 Principles of Standard of Care
1) Did the EMT provide the right assessment and emergency care for the patient?
2) Did the EMT perform the assessment and emergency care properly?
Duty to Act
refers to your legal obligation to provide service, weather you think the patient needs and ambulance or not.
Duty to Act - Off Duty
Most states you have no more legal obligation to act than any other citizen. You could legally do the following:
*Stop and help a victim at the scene.
*Pass the scene and call for help.
*Pass the scene and not call for help.
Duty to Act - Off Duty (states that require aid)
Some states require off duty EMT to stop at emergency and render aid
Duty to Act - Important Note
When off duty. If a EMT stops at an accident he/she creates a Duty to Act by stopping.
Duty to Patient
Respecting the right of the patient (provide competent care for injury-illness- emotional needs, confidentiality, privacy, & do no further harm.
Duty to Self
obtain necessary credentials, maintains skills to level of proficiency & maintain good physical/mental health.
Duty to Partner
Ensure that he is mentally and physically fit, to report alcohol/drug abuse on the job, & have their back.
Duty to Equipment
Ensure that all equipment is in working order.
Good Samaritan Law
are laws or acts offering legal protection to people who give reasonable assistance to those who are injured, ill, in peril, or otherwise incapacitated.
is the legal privilege by which the American federal, state, and tribal governments cannot be sued. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort.
Statue of Limitations
is an enactment in a legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated.
It applies to cases where plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered.
permission before providing care
Under the law, the conscious, competent, and rational patient has the right to refuse or accept medical care.
is a process for getting permission before conducting a healthcare intervention on a person.
Known as: Emergency doctrine
(consent which is not implied) may be in verbal, nonverbal, or written form and is clearly and unmistakably stated. Verbal consent is given by using verbal communication.
Nonverbal consent is given by using nonverbal communication.
is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).
In most jurisdictions, a doctor or hospital may not legally treat a minor child without consent of a parent or legal guardian.
Exception: emancipated minors
a minor who is married, pregnant, a parent, financially independent living away from home, in the armed forces, declared by a court.
refers to medical treatment undertaken without a person's consent. In almost all circumstances, involuntary treatment refers to psychiatric treatment administered despite an individual's objections. These are typically individuals who have been diagnosed with a mental illness and are deemed by a court to be a danger to themselves or others.
is a set of written instructions that a person gives that specify what actions should be taken for their health, if they are no longer able to make decisions due to illness or incapacity.
DNR (Do Not Resuscitate)
is a legal order written either in the hospital or on a legal form to respect the wishes of a patient not to undergo CPR or advanced cardiac life support (ACLS) if their heart were to stop or they were to stop breathing.
A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments. It can also be referred to as an advance directive, health care directive, or a physician's directive.
Durable Power of Attorney (health care proxy)
designates a person who is legally empowered to make health care decisions for the signer of the document if unable to do so for themselves.
Physicians orders for life sustaining treatment (POLST)
is both a holistic method of planning for end-of-life care and a specific set of medical orders that ensure patients’ wishes are honored. The POLST Paradigm is built upon conversations between patients, loved ones, and health care professionals, during which patients can determine the extent of care they wish to receive. As a result of these conversations, patients may elect to create a POLST form, which translates their wishes into actionable medical orders. The POLST form assures patients that health care professionals will provide only the care that patients themselves wish to receive, and decreases the frequency of medical errors.
Steps to Protect yourself in a DNR or POLST situation
1) consider initiating treatment immediately so that if the issue cannot be resolved you are not found negligent for not providing treatment or delayed treatment, (2) contact medical direction on how to proceed, (3) continue treatment until the problem has been solved.
A patient is deemed to be lucid if he is able to accurately prove orientation to "person, place, and time."
Refusal of treatment
Under the law, to refuse treatment or transport a patient must be informed of and fully understand the treatment, and all the potential risks, and the consequences of refusal, up to and including the possibility of death.