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EMT Ch. 3
Medical, Legal, and Ethical Issues
| Question | Answer |
|---|---|
| Abandonment | unilateral termination of Care by the EMT without the patient's consent and without making provisions for transferring care to another medical professional with the skills and training necessary to meet the needs of the patient |
| Advance directive | written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions, also called a living will or Healthcare directive |
| Algor mortis | cooling of the body after death until it matches the ambient temperature |
| Applied ethics | the manner in which principles of ethics are incorporated into professional conduct |
| Assault | unlawfully placing a patient in fear of bodily harm |
| Autonomy | the right of a patient to make informed choices regarding Healthcare |
| Battery | unlawfully touching a patient or providing emergency care without consent |
| Bioethics | the study of ethics related to issues that arise in healthcare |
| Breach of confidentiality | disclosure of information without proper authorization |
| Compassionate persuasion | the act of guiding a person to accept an offer of treatment that they initially did not want while respecting patient autonomy |
| Compensatory damages | damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that they were in prior to the incident |
| Competent | legally able to make rational decisions about personal well-being |
| Consent | permission to render care |
| Contributory negligence | a legal defense that may be raised when the defendant thinks that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. |
| Decision-making Capacity | ability to understand and process information and make a choice regarding appropriate medical care |
| Defamation | the communication of false information about a person that is damaging to that person's reputation or standing in the community |
| Dependent lividity | blood settling to the lowest point of the body causing discoloration of the skin, a definitive sign of death |
| Depositions | oral questions asked of parties and witnesses under oath |
| Discovery | the phase of the civil lawsuit where the plaintiff and defense obtain information from each other. Discovery includes depositions, interrogatories and demands for production of records |
| Do not attempt resuscitation order (DNAR) | written documentation by a physician given permission to medical personnel not to attempt resuscitation in the event of cardiac arrest |
| Durable power of attorney for healthcare | a type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on their behalf in the event that the person making the appointment loses decision-making capacity |
| Duty to act | a medicolegal term relating to certain personnel who either buy statute or by function have a responsibility to provide care |
| Emancipated minor | a person who is under the legal age in a given state, but because of other circumstances is legally considered an adult |
| Emergency | a serious situation such as injury or illness that threatens the life or welfare of a person or group of people and requires immediate intervention |
| Emergency doctrine | the principal of law that permits a healthcare clinician to treat a patient in an emergency situation when the patient is incapable of granting consent because of an altered level of consciousness |
| Emergency medical care | immediate Care treatment |
| Ethics | the philosophy of right and wrong of moral duties and of ideal professional behavior |
| Expressed consent | a type of consent in which a patient gives verbal or non-verbal authorization for provision of care or transport |
| False imprisonment | the confinement of a person without legal authority or the person's consent |
| Forceful restraint | the ACT of physically preventing an individual from initiating any physical action |
| Good Samaritan laws | statutory provisions enacted by many states to protect citizens from liability for errors and emissions and giving good faith emergency medical care unless there is wanton gross or willful negligence |
| Governmental immunity | legal doctrine that can protect an EMS clinician from being sued or that may limit the amount of the monetary judgment that the EMT may recover, generally applies to only EMS systems that are operated by municipalities or other governmental entities |
| Gross negligence | conduct that constitutes a willful or reckless disregard for a duty or standard of care |
| Healthcare directive | a written document that specifies medical treatment for a competent patient should the individual become unable to make decisions, also known as an advanced directive or a living will |
| Healthcare proxy | advanced directive executed by a competent adult that appoints another individual to make medical treatment decisions on their behalf in the event that the person loses decision-making capacity, also known as a durable power of attorney for healthcare |
| Implied consent | type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that this person would want treatment |
| Informed consent | permission for treatment given by a competent patient after the potential risks, benefits and alternatives to treatment have been explained |
| In loco parentis | legal authorization for a person or organization to take on some of the functions and responsibilities of a parent |
| Interrogatories | written questions at the defense and plaintiff sent to one another |
| Kidnapping | the seizing, confining, abducting or carrying a way of a person by force, including transporting a competent adult for medical treatment without the individual's consent |
| Libel | false and damaging information about a person that is communicated in writing |
| Mature Minor | a child who is of adequate age and maturity to make Healthcare decisions |
| Mature minor doctrine | legal authorization for certain minors the adequate age and maturity to consent or refuse medical treatment |
| Medicolegal | a term relating to medical jurisprudence or forensic medicine |
| Morality | a code of conduct that can be defined by society, religion, or a person affecting character, conduct and conscience |
| Negligence | failure to provide the same care that a person with similar training would provide |
| Negligence per se | a theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute |
| Palliative care | a specialized health care approach focused on treating pain and promoting comfort, rather than attempting to cure a disease or prolong a life |
| Protected health info | any information about health status, provision of Healthcare, or payment for healthcare that can be linked to an individual, interpreted rather broadly and includes any part of a patient's medical record or payment history |
| Proximate causation | proof that a negligent act or lack of action caused an injury or worsened an existing injury |
| Punitive damages | damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public |
| Putrefaction | decomposition of body tissues, definitive sign of death |
| Res ipsa loquitur | a legal principle stating that a defendant may be held liable without direct evidence if they had exclusive control over the cause of harm, the injured person played no role in the harm, and the harm would not have occurred without negligent conduct |
| Rigor mortis | Stiffening of the body muscles, definitive sign of death |
| Scope of practice | a formal definition of the care that the EMT is authorized and expected to provide for the patient most commonly defined by state law |
| Shared decision making | a collaborative process in which the clinician works with the patient to come up with the optimal Healthcare approach, accounting for the patient's unique situation, concerns, and values |
| Slander | false and damaging information about a person that is communicated by spoken word |
| Standard of care | accepted levels of emergency care expected by reason of training and profession, written by legal or professional organizations so that patients are not exposed to unreasonable risk or harm |
| Statute of limitations | the time within which a case must be commenced |
| Surrogate decision maker | a person authorized to make Healthcare decisions on behalf of a patient when the patient lacks decision making capacity |
| Torts | wrongful acts that give rise to a civil lawsuit |
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