Chapter 3 Medical,Legal and Ethical issues

Question 1

Most commonly defined by state law; outlines the care that the EMT is able to provide for the patient

Answer 1

Scope of practice

Question 2

written questions that the defense and plaintiff send to one another

Answer 2

interrogatories

Question 3

Conduct that constitutes a willful or reckless disregard for a duty or standard of care

Answer 3

gross negligence

Question 4

Unlawfully touching a patient or providing emeregency care without consent

Answer 4

battery

Question 5

The philosophy of right and wrong, of moral duties, and of ideal professional behavior

Answer 5

ethics

Question 6

The communication of false information about a person that is damaging to that person’s reputation or standing in the community

Answer 6

defamation

Question 7

Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent

Answer 7

in loco parentis

Question 8

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called a living will or health care directive

Answer 8

advance directive

Question 9

A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport

Answer 9

expressed consent

Question 10

Written documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest

Answer 10

Do not resuscitate order

Question 11

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

Answer 11

emancipated minor

Question 12

The time within which a legal case must be commenced

Answer 12

statue of limitations

Question 13

Decomposition of body tissues, a definitive sign of death

Answer 13

putrefaction

Question 14

Damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident

Answer 14

compensatory damages

Question 15

able to make rational decisions about personal well-being

Answer 15

competent

Question 16

Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death

Answer 16

dependent lividity

Question 17

Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatment have been explained.

Answer 17

informed consent

Question 18

A medicolegal term relating to certain personnel who either by statute or by function have a responsibility to provide care

Answer 18

duty to act

Question 19

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

Answer 19

proximate causation

Question 20

A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute

Answer 20

negligence per se

Question 21

Ability to understand and process information and make a choice regarding appropriate medical care

Answer 21

decision-making capacity

Question 22

Stiffening of the body muscles; a definitive sign of death

Answer 22

rigor mortis

Question 23

A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behald in the event that the person making the appointment loses decision-making capacity. Also known as durable power of attorney for health care

Answer 23

health care proxy

Question 24

A legal defense that may be raised when the defendant thinks that the donduct of the plaintiff somehow contributed to any injurues or damages that were sustained by the plaintiff

Answer 24

contributory negligence

Question 25

The phase of a civil lawsuit 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 setlement or in preparing for trial. This includes depositions, interrogatories, and demands for production of records

Answer 25

discovery

Question 26

Unlawfully placing a patient in fear of bodily harm

Answer 26

assault

Question 27

A term relating to medical jurisprudence (law) or forensic medicine

Answer 27

medicolegal

Question 28

The act of physically preventing an individual from initiating any physical action

Answer 28

forcible restraint

Question 29

False and damaging information about a person that is communicated in writing

Answer 29

libel

Question 30

The study of ethics related to issues that arise in health care

Answer 30

bioethics

Question 31

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 level of consciousness, disability, the effects of drugs or alcohol, or the patient's age

Answer 31

emergency doctrine

Question 32

Permission to render care

Answer 32

consent

Question 33

Disclosure of information without proper authorization

Answer 33

breach of confidentiality

Question 34

Immediate care or treatment

Answer 34

emergency medical care

Question 35

The manner in which principles of ethics are incoporated into professional conduct

Answer 35

applied ethics

Question 36

Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment

Answer 36

implied consent

Question 37

A written document that pecifices 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

Answer 37

health care directive

Question 38

A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience

Answer 38

morality

Question 39

Failure to provide the same care that a person with similar training would provide

Answer 39

negligence

Question 40

Wrongful acts that give rise to a civil lawsuit

Answer 40

torts

Question 41

False and damaging information about a person that is communicated by spoke word

Answer 41

slander

Question 42

A serious situation, such as injuary or illness that threatens the life or welfare of a person or group of people and requires immediate intervention

Answer 42

emergency

Question 43

The right of a patient to make informed choices regarding his or her health care

Answer 43

patient autonomy

Question 44

Oral questions asked of parties and witnesses under oath

Answer 44

depositions

Question 45

Statutory provisions enacted by many states to protect citizens from liability for erros and omissions in giving good -faith emergency medical care, unless there is wanton, gross, or willful negligence

Answer 45

Good Samaritan laws

Question 46

Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public

Answer 46

punitive damages

Question 47

Unilateral termination of care by the EMT without the patient's 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.

Answer 47

abandonment

Question 48

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 patient's medical record or payment history

Answer 48

protected health information

Question 49

A type of advance directive executed by a competent adult that appoints another individual to make medical teatment decisions on his or her behalf, in the event that person making the appointment loses decision-making capacity

Answer 49

durable power of attorney for health care

Question 50

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

Answer 50

standard of care

Question 51

The confinement of a person without legal authority or the person's consent

Answer 51

false imprisonment

Question 52

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

Answer 52

kidnapping

Question 53

Cooling of the body after death until it matches the ambient temperature

Answer 53

algor mortis

Question 54

Legal doctrine that can protect an EMS provider from being sued or that may limit the amount of the monetary judgement that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities

Answer 54

governmental immunity

Question 55

When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occured

Answer 55

res ipsa loquitur