Chapter 3 - Medical, Legal and Ethical Issues Flashcards Preview

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Flashcards in Chapter 3 - Medical, Legal and Ethical Issues Deck (39):
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Scope of practice

The actions and care EMTs are legally allowed to perform by the state in which they work

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Standard of care

The care that is expected to be provided by an EMT with similar training

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Duty to act

Your legal obligation to provide service

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Good Samaritan law

Protects a person who is not being paid for his services from liability for acts performed in good faith unless those acts constitute gross negligence - 1959

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Name 3 types of legal protection

Sovereign immunity - governmental immunity
Statute of limitations - time restraint
Contributory negligence - patient contributes in any manner to his own injuries

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Ethics

Philosophy specifically directed toward the study of morality

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Morals

Concepts of rights and wrongs

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Consent

Permission before providing care

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Informed consent

Patient must be informed of the care to be provided

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Name the 4 types of consent

Expressed consent
Implied consent
Minor consent
Involuntary consent

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Expressed consent

Must be obtained from every conscious, mentally competent adult before treatment begins

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Implied consent

When you assume that an unresponsive person would consent to emergency care if he could

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Consent to treat a minor

Must be obtained from a parent or legal guardian or other person who has been granted limited rights before treating patient w

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Involuntary consent

When dealing with mentally incompetent adult or individuals who are in custody of law enforcement or is incarcerated

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Advanced directive

Instructions written in advance

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POLST

Physician orders for life-sustaining treatment

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Competence

The ability to make an informed decision

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What does a patient need to prove orientation to as to be deemed lucid?

Person, place, and time

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What is res ipsa loquitur?

Meaning things speak for them self

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What is negligence per se?

An act is considered to be negligent simply because it is in violation of regulations or protocols

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Simple negligence

When an EMT fails to perform care or when a mistake is made

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Gross negligence

Willful or extremely reckless patient care far beyond negligent or careless

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Proximate cause

Injuries suffered by the patient were the direct result of the EMTs negligence

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Intentional tort

An action knowingly committed by an individual that is considered to be civilly wrong according to the law

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Assault

Willful threat to inflict harm on a patient

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Battery

Act of touching a patient unlawfully without his consent

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Defamation

Release of information to the public in either in written or spoken form that is construed to be damaging to that person

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Slander

Spoken form of defamation

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Libel

The written form or mass media form of defamation

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What is HIPAA?

Health Insurance Portability and Accountability Act - 1996 federal law that protects the privacy of the patients health care information

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What is COBRA?

Consolidated Omnibus Budget Reconciliation Act - federal regulations that ensure the publics access to emergency health care regardless of ability to pay

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What is EMTALA?

Emergency medical treatment and active labor act
Also known as the anti patient dumping

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What is dependent lividity?

Discoloration of the skin from blood pooling that is affected by gravity

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Name 3 special reporting situations?

Abuse - child, senior, sexual
Crimes - gunshot wounds, knife wounds
Drug related injuries

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What is a durable power of attorney?

A person who is legally empowered to make health care decisions for the signer of the document

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What is a tort?

Wrongful act, injury or damage

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What constitutes negligence?

A tort in which there is no intent to do any harm to the patient but in which a breach in the duty to act occurred

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What is abandonment?

Stoping treatment of a patient without transferring care

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What is false imprisonment?

Intentionally transporting a competent patient without his consent