chapter 3 - medicolegal Flashcards

1
Q

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

A

forcible restraint

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2
Q

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

A

health care proxy

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3
Q

Unlawfully touching a patient of providing emergency care without consent

A

battery

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4
Q

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

A

compensatory damages

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5
Q

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

A

algor mortis

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6
Q

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

A

decision-making capacity

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7
Q

Any information about health status, provision of health care, or payment for health care that can be linked to an individual

A

protected health information

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8
Q

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

A

Good Samaritan laws

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9
Q

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

A

libel

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10
Q

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

A

implied consent

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11
Q

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

A

medicolegal

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12
Q

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

A

in loco parentis

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13
Q

A written document that specifies medical treatment for a component patient, should he or she become unable to make decisions

A

health care directive

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14
Q

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

A

morality

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15
Q

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

A

contributory negligence

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16
Q

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

A

do not resuscitate order

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17
Q

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

A

bioethics

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18
Q

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

A

defamation

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19
Q

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

A

punitive damages

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20
Q

Oral questions asked of parties and witnesses under oath

A

depositions

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21
Q

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

A

ethics

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22
Q

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

A

negligence

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23
Q

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

A

dependent lividity

24
Q

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

A

kidnapping

25
Q

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

A

scope of practice

26
Q

The time within which a legal case must be commenced

A

statute of limitations

27
Q

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

A

emergency

28
Q

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

A

false imprisonment

29
Q

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

A

proximate causation

30
Q

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

A

abandonment

31
Q

Decomposition of body tissues; a definitive sign of death

A

putrefaction

32
Q

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

A

gross negligence

33
Q

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

A

durable power of attorney for health care

34
Q

Written questions that the defense and plaintiff send to one another

A

interrogatories

35
Q

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

A

governmental immunity

36
Q

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

A

informed consent

37
Q

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

A

expressed consent

38
Q

Unlawfully placing a patient in fear of bodily harm

A

assault

39
Q

Wrongful acts that give rise to a civil lawsuit

A

torts

40
Q

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

A

emancipated minor

41
Q

Immediate care or treatment

A

emergency medical care

42
Q

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

A

negligence per se

43
Q

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

A

res ipsa loquitur

44
Q

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

A

duty to act

45
Q

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 effect of drugs or alcohol, or the patient’s age

A

emergency doctrine

46
Q

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

A

patient autonomy

47
Q

Able to make rational decisions about personal well-being

A

competent

48
Q

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 settlement or in preparing for trial

A

discovery

49
Q

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

A

applied ethics

50
Q

Stiffening of the body muscles; a definitive sign of death

A

rigor mortis

51
Q

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

A

slander

52
Q

Disclosure of information without proper authorization

A

breach of confidentiality

53
Q

Permission to render care

A

consent

54
Q

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions

A

advance directive

55
Q

Written, accepted levels of emergency care expected by reason of training and profession

A

standard of care