Section 25 Flashcards

(40 cards)

1
Q

What is the primary legal obligation of emergency physicians?

A

To provide care within the standard of practice, ensuring patient safety and informed consent.

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2
Q

What is informed consent in emergency medicine?

A

The process of explaining medical procedures, risks, and benefits to patients, allowing them to make informed decisions.

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3
Q

When can emergency treatment be provided without consent?

A

In life-threatening situations where the patient is incapacitated and consent cannot be obtained.

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4
Q

What is the principle of autonomy in medical ethics?

A

The right of patients to make their own healthcare decisions.

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5
Q

How is patient confidentiality maintained in emergency settings?

A

By securing medical records and sharing information only with authorized personnel.

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6
Q

What is the duty to warn in emergency care?

A

An obligation to notify third parties if a patient poses a serious risk of harm to themselves or others.

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7
Q

How is capacity determined in emergency medicine?

A

Through assessment of a patient’s ability to understand, appreciate, and communicate about their medical care.

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8
Q

What is the Good Samaritan Law?

A

Legal protection for those providing emergency care voluntarily without expectation of compensation.

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9
Q

When is restraint permissible in emergency medicine?

A

When necessary to prevent harm to the patient or others, with the least restrictive means used.

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10
Q

What is the role of advanced directives in emergency care?

A

They guide medical decisions based on the patient’s pre-determined wishes if they cannot communicate.

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11
Q

How is end-of-life care approached legally in emergencies?

A

By respecting patient wishes, legal documents, and balancing ethical considerations.

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12
Q

What are the legal implications of medical errors in emergency care?

A

Potential liability for malpractice if negligence or deviation from standard care is proven.

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13
Q

How is medical documentation important in legal protection?

A

Accurate records serve as evidence of care provided and adherence to protocols.

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14
Q

What is implied consent in emergency situations?

A

Consent is assumed when a patient is unable to provide it, and immediate care is necessary to prevent harm.

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15
Q

What is the significance of capacity assessment in emergency care?

A

It determines if a patient can make informed decisions about their treatment.

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16
Q

How are minors handled in emergency medical situations?

A

Consent is typically required from parents or guardians, except in emergencies or special cases (e.g., emancipated minors).

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17
Q

What is the purpose of medical ethics in emergency medicine?

A

To ensure patient rights, autonomy, and justice are upheld during critical care.

18
Q

What legal considerations exist for treating patients under the influence of alcohol or drugs?

A

Capacity assessment may be impaired, but emergency treatment should still be provided if necessary.

19
Q

How is refusal of treatment managed in emergency settings?

A

Patients with capacity have the right to refuse treatment after being informed of the risks.

20
Q

What is the role of EMTALA in emergency medicine?

A

The Emergency Medical Treatment and Labor Act mandates hospitals to provide emergency care regardless of the patient’s ability to pay.

21
Q

What is the importance of duty of care in emergency medicine?

A

It establishes the obligation of healthcare providers to act in the best interest of the patient.

22
Q

How is malpractice defined in emergency medicine?

A

Malpractice occurs when standard care is not met, resulting in patient harm.

23
Q

What is the significance of the ‘prudent patient standard’?

A

It assesses what information a reasonable person would need to make an informed decision.

24
Q

How is abandonment defined in emergency medical care?

A

When a healthcare provider unilaterally terminates the care of a patient without reasonable notice.

25
What is the role of ethics committees in emergency medicine?
To provide guidance on complex ethical decisions and disputes.
26
What are the principles of distributive justice in emergency care?
Fair allocation of healthcare resources, especially during crises or resource limitations.
27
How is confidentiality managed with adolescent patients?
Adolescents may have confidentiality in certain health matters, depending on jurisdiction and consent laws.
28
What is the legal concept of 'standard of care'?
The level of care an average, prudent healthcare provider would deliver under similar circumstances.
29
How are advanced directives applied in emergency scenarios?
They are followed to respect the patient's wishes unless there is evidence they are not valid.
30
What are the legal obligations for mandatory reporting in emergency care?
Healthcare providers must report specific conditions like abuse, neglect, and certain infectious diseases.
31
What is medical futility, and how is it handled legally?
Treatment unlikely to benefit the patient; it may be withdrawn following ethical and legal guidelines.
32
How are legal disputes over end-of-life care managed?
Through legal intervention, ethics committees, and sometimes judicial rulings.
33
What is the significance of patient advocacy in emergency care?
To ensure the patient's rights and preferences are respected during medical care.
34
How is informed refusal managed in emergency medicine?
Documenting the patient's understanding of risks and refusal of treatment.
35
What is vicarious liability in emergency care?
Employers may be held liable for the actions of their employees during medical care.
36
How is telemedicine regulated legally in emergency care?
Licensing, patient consent, and privacy laws apply similarly to in-person care.
37
What are the ethical challenges of triage during mass casualty events?
Allocating limited resources fairly and efficiently among patients.
38
What is the role of consent in emergency research?
Special regulations may allow research without consent in life-threatening emergencies.
39
How are patient rights protected during involuntary treatment?
Through legal safeguards, judicial oversight, and ethical standards.
40
What is the role of international human rights law in emergency medicine?
Ensuring access to emergency medical care as a fundamental human right.