Chapter 3 EMS education

Unilateral termination of care by the EMT without the patients 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.
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Terms in this set (55)
A legal defense that may rise when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.Contributory negligence.An established process to determine the qualifications necessary to be allowed to practice a particular profession, or to function as an organization.Credentialing.Ability to understand and process information and make a choice regarding appropriate medical care.Decision-making capacity.The communication of false information about a person that is damaging to that person's reputation or standing in the community.Defamation.Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death.Dependent lividity.Oral questions asked of parties and witnesses under oath.Depositions.The phase of a civil lawsuit were the plaintiff and defense obtain information from each other that will enable the attorneys to have a better understanding of the case, which will assist in negotiating a possible settlement or in preparing for a trial. (This phase includes depositions, interrogations, and demands for production of records.)DiscoveryWritten documentation by a physician giving permission to medical personnel not to attempt resuscitation in the event of cardiac arrest.DNR (do not resuscitate order)A type of advanced directive executed by a competent adult that appoints another individual to make medical treatment decisions on his/her behalf, in the event that the person making the appointment loses decision-making capacity.durable power of attorney for healthcare.A medicolegal term relating to certain personnel who either by statue or by function have a responsibility to provide care.Duty to act.A person who is under the legal age in a given state, but, because of circumstances is considered an adult.Emancipated minor.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.The principle of law that permits a health care provider to treat a patient in an emergency situation when the patient is incapable of granting consent because of altered consciousness.Emergency doctrine.Immediate care or treatment.Emergency medical care.The philosophy of right and wrong, of moral duties, and of ideal professional behavior.Ethics.A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport.Expressed consent.A confinement of a person without legal authority or the person's consent.False imprisonment.The act of physically preventing an individual from initiating any physical action.Forcible restraint.Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving good faith emergency medical care, unless there is wanton, gross, or willful negligence.good Samaritan laws.Legal doctrine that can protect an EMT provider from being sued or that may limit the amount of the monetary judgement that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities.Governmental immunity.Conduct that constitutes a willful or reckless disregard for a duty or standard of care.Gross negligence.A written documentation that specifies medical treatment for a competent patient, should they become unable to make decisions. (Also known as an advanced directive or living will)health care directive.A type of 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 making the appointment loses their ability to make decisions.Health care proxy.The type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that they would want treatment.Implied consent.Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parentin loco parents.Permission for treatment given by a competent patient after the potential risks, benefits, and alternatives to treatments have been explained.Informed consent.Written questions sent between the defense and plaintiff.Interrogatories.The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without their consent.Kidnapping.False and damaging information about a person that is communicated in writing.Libel.Relating to medical jurisprudence (law) or forensic medicine.Medicolegal.A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.Morality.Failure to provide the same care that someone with similar training would provide.Negligence.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.Negligence per se.The right of a patient to make informed choices regarding his or her health care.Patient autonomy.Any information about health status, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of a patients medical history or record.PHI (protected health information)When a person who has a duty abuses it, and causes harm to another individual; the EMT, the agency, and/or the medical director may be sued for negligence.Proximate causation.Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was institutional or constituted a reckless disregard for the safety of the public.Punitive damages.Decomposition of the body tissues; a definitive sign of death.Putrefaction.When the EMT or an EMS system is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred.res ipsa loquitor.Stiffening of the body muscles; a definitive sign of death.Rigor mortis.Most commonly defined by law; outlines the care that the EMT is able to provide for the patient.Scope of practice.False damaging statements about a person that is communicated by the spoken word.Slander.Written, 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.Standard of care.The time within a care must be commenced.Statute of limitations.A wrongful act that gives rise to a civil lawsuit.Tort.