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EMS Legal Terms
| Question | Answer |
|---|---|
| Advanced Directives | A legal document that is activated in the future when a patient has been determined to be in a mental or physical state where they cannot make decisions for themselves. Example: Health Care Proxy, Living Will, Power of Attorney MOLST is not a AD |
| Healthcare Proxy (or HCP) | legal document in which a patient appoints an agent to legally make healthcare decisions on their behalf, when the patient is incapable of making healthcare decisions stipulated in the proxy. Advanced Directive - must be activated |
| Living Will | An Advanced Directive that takes the form of a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express Informed Consent. |
| MOLST | Medical Orders for Life-Sustaining Treatment - a medical order form that relays instructions between health professionals about a patient's care. MOLST takes affect when signed (does not need to be activated - not an Advanced Directive) |
| MOLST-DNR | MOLST – DNR – Do Not Resuscitate A MOLST requests to refuse CPR and other attempts to restart their heart. |
| MOLST-DNI | MOLST – DNI – Do Not Intubate A MOLST request to refuse artificial breathing |
| SDS or MSDS | Safety Data Sheet (used to be called Materials Safety Data Sheet) - a document that lists information relating to occupational safety and health for the use of various chemicals and substances. |
| Palliative Care | Providing measures that relieve or soothe the symptoms of a disease or disorder without effecting a cure, for example, providing oxygen therapy. |
| DOA Conditions to be met | Dead On Arrival - conditions where CPR is not required: Decapitation or other catastrophic injuries not compatible with life (CPR would not be possible) Rigor mortis Morbid Lividity Decomposition / Petrification |
| Power of Attorney (POA) | The authority to act for another person in specified or all legal, financial, or health matters. The document that states the conditions of a POA is also called a POA. |
| Abandonment | Termination of care without ensuring that care has been turned over to a higher or equal level. |
| Libel | To spread an untruth that would harm a persons reputation |
| Liable | Legally responsible |
| Assault | A threat of bodily harm. Harm does not have to occur. Just the threat. |
| Battery | Touching someone without permission |
| Good Samaritan laws | Laws to protect individuals who REASONABLY attempt to rescue or aid another. |
| HIPAA - Privacy Rules | Federal laws that protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. |
| PHI | Protected Health Information A persons information that is protected under HIPAA Privacy Rules. |
| Refusal of Care | Patient does not wish care. Must meet: * Legal consent * Competent * Informed * Documented |
| Implied Consent | Assumes that consent would be given by an unconscious patient or that an absent legal caregiver would give consent |
| Consent | Permission to provide care and treatment Patient can change their mind at any time. |
| Expressed Consent | Consent give by patient of legal age and mental capacity Does not have to be verbal Patient is competent, is able to indicate consent, and has given consents |
| Informed Consent | Patient is given information and has the metal capacity to understand the risks and benefits of treatment or refusal of treatment. Informed on treatment and lack of treatment. |
| Negligence | Failure to act properly resulting in a harm to the patient. Requires a Duty to Act. Failure to act within the Standard of Care and according to their Standard of Training. Ex: On duty and refusing to perform CPR |
| Duty to Act (Legal) | EMS providers in Mass have a duty to provide aid when on duty. Legally required to render care after approaching the patient. |
| Breach of Duty | Failing to act as a reasonable EMS provider would. Did not live up to Standard of Care. What would another EMS of similar certification have done in the same situation. Not being prepared Slow arrival Failing to call ALS |
| Medical Direction | The oversight of patient care in the EMS system by a physician (medical director) |
| Failure to Act | When there is a Duty to Act and action is not taken. |
| Scope of Practice | The list of medical protocols that the EMS providers has been trained and certified to perform. EMS provides must perform within their Scope of Practice. |
| Standard of Care | The level of care that must be provided in the location of care, given the rescuer's received Standard of Training. |
| Standard of Training | The level of training that is provided to all EMS providers to achieve a given level of certification. |
Created by:
danfar
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