EMS Ops Flashcards
(119 cards)
Constitutional law=
based on constitution of US; protects peps/ from gov/ abuse
Legal system
Common law (“case/Judge-made”)=
Statutory law (legislative)=
Regulatory law (administrative)=
society’s acceptance of customs norms over time; changes & grows over years
doesn’t come from court decisions; created by lawmaking or legislative bodies
enacted by administrative or gov/ agency at either federal or state Lvl
Categories of Laws:
Civil law
Criminal law
Tort law
trial courts
appellate courts
Scope of practice=
actions and care you are legally allowed to perform based on your licensure and/or certification
Who defines scope of practice=
National Highway Traffic Safety Administration (NHTSA), National EMS scope of practice, National EMS education standards, state laws/regulations/policies
Standard of care=
care that is expected to be provided by an emergency care provider→ defined by what a reasonable person w/ similar training would do in the same situation
Certification=
recognition granted to individual who has met qualification to participate in certain activity
Malfeasance
Intentional wrongdoing or misconduct, such as performing an act that is illegal or contrary to law.
Misfeasance=
Improper performance of a lawful act, resulting in harm or injury due to negligence or incompetence.
Nonfeasance=
Failure to act when there is a duty to act, resulting in harm or injury due to neglect or omission
Licensure=
used to regulate occupations; generally by gov/ agency
Reportable events Must report in all 50 states:
child/elder abuse, crimes, exposure to infectious diseases
Good Samaritan law:
Law states “ a person who in good faith administers emergency care at the scene of a emergency or in a hospital is not liable for civil damages for an act performed during the emergency unless the act is willfully/wantonly negligent”
4 elements determine negligence & file a claim:
Duty to act
Breach of duty
Damage
Causation/proximate cause
Borrowed Servant doctrine=
if supervising other emergency care providers, you may be liable for any negligence committed
Family & Medical leave act of 1993=
allows employees to take up to 12 work weeks in 12-month period for a specific family events
Fair labor standards act of 1938=
Minimum wage, overtime pay, record keeping, child labor standards
OSHA
ensure employers provide healthy & safe environment
Ryan White Care act=
Fund programs to improve availability of health care for victims of AIDS and their families
Res ipsa loquitur=
legal doctrine invoked by plaintiffs to support a claim of negligence; latin for “the thing speaks for itself”
EX: PT has an appendectomy & wakes to find that a surgical instrument has been left inside their abdomen.
Negligence per se=
negligence committed as a result of violating a statue w/ resultant injury; automatic negligence.
EX driving in nonemergency mode fails to stop at a red light & hits a pedestrian,
Statue of limitations=
Law that sets the max time period during which certain actions can be brought in court. After time limit is reached, no legal action can be brought regardless of whether or not a negligent act occurred.
Restraint/Positional asphyxia=
lack of oxygen resulting in unconsciousness/death that occurs in a person who is in a position that inhibits breathing.
EX: restrained face down