Module 2: Medical Legal

Question 1

What is QAQI

Answer 1

Quality assurance/improvement: standard of care towards patients

Question 2

Compare the two types of implied consent: minors v impaired

Answer 2

minors: under 18 cannot make decisions, but if parent is not present consent is implied
impaired: if provider determines patient cannot make decision, treatment administered

Question 3

What is “in loco parentis”

Answer 3

School can give consent when parents not present

Question 4

What are the four categories of emancipated minors?

Answer 4

parent, married, self supporting, in military

Question 5

What are the two situations in which patient is conditionally emancipated?

Answer 5

screening treatment for STI or if patient is pregnant

Question 6

Give examples of soft medical restraints

Answer 6

towels, triangular bandages, commercially available soft restraints

Question 7

Where should a patient’s hands and feet be if they are restrained?

Answer 7

secured to the stretcher, ALWAYS

Question 8

When should a patient be placed in a prone position during restraint?

Answer 8

NEVER, due to the risk of positional asphyxia

Question 9

What is the best position for a patient to be in for restraint?

Answer 9

supine, which allows full chest expansion

Question 10

What is abandonment?

Answer 10

discontinuing care without ensuring patient is passed on to another provider of higher or equal care, not a first responder who is a lower level than EMT

Question 11

What four factors must be present to prove negligence?

Answer 11

1. Duty: were you on duty?
2. Breach of duty: Did you act unreasonably, outside of your authority, or failed to meet standard of care?
3. Damages: What were the consequences of your alleged action?
4. Causation: Was your behavior the cause of the issue?

Question 12

What must patients understand before they refuse care?

Answer 12

1. Patient understands limitations of EMS evaluation
2. Should be given information that they can change their mind and call 911
3. Talk to supervisors, paramedics, and OLMC to give full scope of information to patients

Question 13

When should you turn care over to a first responder?

Answer 13

Never, always ensure patient is within care of an EMT or someone with higher scope of practice

Question 14

When can patient information be shared with police officers?

Answer 14

If they are investigating a crime

Question 15

What advanced directives are honored in the EMS setting?

Answer 15

DNR, MOLST forms, DNR bracelet (must be metal)

Question 16

What advanced directives are not honored in the EMS setting?

Answer 16

living wills, healthcare proxies, power of attorneys

Question 17

What is the MOLST form?

Answer 17

Medical order for life-sustaining treatment
Look at section A, which indicates whether DNR is in place (whether or not box is checked)

Question 18

When are EMTs mandated reporters? What report must they file?

Answer 18

Suspected child abuse/maltreatment–> SCAM report

Question 19

What must EMTs refrain from on a crime scene?

Answer 19

Touching anything associated with patient care

Question 20

Standard of care is a combination of:
public health law
state protocols
senior paramedic’s opinion
educational standards

Answer 20

public health law
state protocols
educational standards

Question 21

A 44-year-old male is unconscious secondary to a head injury. An EMT would be able to treat this patient because of:
implied consent
expressed consent
health order of applied consent
emergency determination order

Answer 21

implied consent

Question 22

You and your partner respond to the home where you find 82-year-old woman who is in cardiac arrest (not breathing and no pulse). Her son states he is his mother’s healthcare proxy and presents documentation. He further indicates that he does not want CPR performed on his mother. Your next steps should be?

Answer 22

begin life saving procedures and then call medical control for further direction

Question 23

a 22-year old male patient laying outside of a bar. Upon your arrival the patient gets up and states he has been drinking. He knows his name, where he is but is unsure about time. He is unable to walk straight but says he’s “okay” and does not want to go to the hospital. You should.

try to convince the patient to comply, if he refuses call law enforcement
ask his friends to order a taxi
explain he should go to the hospital, if he refuses have him a signal
immediately restrain the patient

Answer 23

try to convince the patient to comply, if he refuses call law enforcement

Question 24

a word for the loss from harm committed by an EMT. Can be physical, emotional, property or financial.

Answer 24

damages

Question 25

TorF: A patient should only be restrained of they pose a danger to themself or others

Answer 25

True

Question 26

TorF: An EMT suspects child abuse to a patient they have just brought to the hospital and the police are present. If the EMT tells the police about the suspected abuse they do not need to fill out a SCAM report

Answer 26

True