Legal issues In wilderness Medicine

Question 1

Areas of the law that are most important to the care provider are

Answer 1

Contract and tort law.

Question 2

Contract and tort law are branches of what type of law?

Answer 2

Civil law

Question 3

What is contract law

Answer 3

Promises that are expressed or implied, written or oral. A person may sue to enforce or pay if they are broken. Terms should clearly express who is to do what for whom, when,and for what consideration or payment, and the remedy if a person does not perform as promised.

Question 4

What is tort law

Answer 4

Deals with wrongs to people or property not usually involving contracts. Tort is French for meaning wrong or harm. WFR focus is negligence.

Question 5

What is negligence

Answer 5

The careless, unintentional act that harms another person to whom you owe a duty of care.

Question 6

What are the elements of a claim of negligence?

Answer 6

1. Duty to act
2. Breach of duty or failure to perform that duty
3. A physical or psychological injury that was caused or contributed to by the breach or failure.

Question 7

What is duty to act?

Answer 7

To provide care within your training to someone you have a prior relationship with, person is in your direct care, you clearly have a duty to that person.
This applies to volunteers as well.

Question 8

What is breach of duty

Answer 8

Commission or omission of the duty of care.

Question 9

When will the law likely consider you to be a breach of duty?

Answer 9

If you do not perform as a reasonable person would with your background and training in the same circumstance

Question 10

The third element of a negligence claim is

Answer 10

a loss or injury for which the breach of duty or wrongful act is either the cause or a contributing cause. This can include emotional psychological trauma.
Loss must have been Reasonably foreseeable result of the breach of duty.

Question 11

Before care is given, what should you obtain from an adult or guardian prior to administering aid?

Answer 11

Informed consent

Question 12

What is informed consent

Answer 12

Patient is advised of the problems, proposed treatment, why you are suggesting the treatment , potential benefit of the treatment, risk of treatment, and what to expect if no treatment is given.

Question 13

What is assault

Answer 13

Any act of commission or omission that places a patient in fear of bodily harm.

Question 14

What is battery

Answer 14

Providing medical care or otherwise touching a patient without consent.

Question 15

What is abandonment

Answer 15

If you terminate care prematurely and the patient suffers harm later or if you transfer care to a less qualified or unqualified person and the patient suffers harm later.

Question 16

What is slander

Answer 16

Defaming a persons character or reputation verbally

Question 17

What is Libel

Answer 17

Defaming a persons character or reputation in writing.

Question 18

What is considered a breach of confidentiality?

Answer 18

Inappropriate disclosure of information regarding assessment, history, treatment in verbal or written form.

Question 19

What is comparative negligence or comparative fault?

Answer 19

Judge or jury compares, on a percentage basis, the fault of all who may have contributed to the injury. Ensures you are obligated only for that part of the loss that you caused.

Question 20

What is a Good Samaritan law

Answer 20

Encourages trained people to offer care, a person who voluntarily gives emergency assistance will not be liable for simple carelessness, such as negligence.

Question 21

Does a Good Samaritan law apply to gross negligence?

Answer 21

No

Question 22

What is gross negligence

Answer 22

Carelessness that is so extreme as to show a complete disregard for the person injured.

Question 23

If you have a duty to act, does Good Samaritan laws cover you?

Answer 23

No

Question 24

If an important event is not recorded, will it likely be accepted in court as happening?

Answer 24

No

Question 25

At a minimum, what should you document about an event?

Answer 25

Dates and times Patient history Description of the scene Physical assessment and treatment Changes in the patient while in your care *only document facts* patient said they had a few drinks, not patient is drunk.