Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
88 Cards in this Set
- Front
- Back
Jurisprudence |
the theory and philosophy of law |
|
Legal duties |
defined by statutes and regulations and are based on generally accepted standards. |
|
Statute |
A law passed by legislature. |
|
Ethics |
moral principles based on societal standards that identify desirable conduct. |
|
Ethical responsibilities of a paramedic |
-Being dedicated to the professio of paramedicine. -Treating patients with dignity and respect. -Being obliged to care for the physical and emotional needs of pt's. -Maintaining and mastering clinical skills. -Participating in continuing education and refresher training. -Critically reviewing your performance and continuously seeking to improve your care. - Reporting honestly -Respecting privacy and confidentiality of patients -Working cooperatively and with respect for other emergency professionals -Respecting the wishes and desires of pt's |
|
legislative branch |
includes, for example, Congress and the state legislatures. This branch is the source of statutory law. |
|
Statutory Law |
Statutes and ordinances enacted by the U.S. Congress, state legislatures, and city councils. |
|
The judicial branch |
includes state and federal courts. This branch is the source of case law. |
|
Case law |
Interpretations of constitutional, statutory, or administrative law made by the courts; also referred to as common law or judge-made law. |
|
Executive branch |
includes the state governors and the administrative agencies that make regulations. This branch is the source of administrative law. |
|
administrative law |
A branch of the law that deals with rules, regulations, orders, and decisions created by government agencies. |
|
trial court |
determines the outcome of individual cases in the legal process. Cases may be decided by a judge or jury. |
|
appellate court |
has the power to review the decisions by trial courts or other appeals courts. Decisions made by an appellate court may set precedent for later cases bases on similar legal issues and facts. |
|
Local level |
The regulation of paramedic practice at the local level generally consists of ordinances, rules, regulations, or protocols. These items concern issues such as response times, clinical practice, and patient destination. |
|
state level |
At the state level, paramedic practice is typically regulated by law and regulations that deal with the certification or licensing of providers, ambulance serves licensing, provider scope of practice, handling and storage of controlled substance, disciplinary enforcement, and related issues. DNR's/advanced directives |
|
federal level |
-highly technical and complex laws and regs. -reimbursement for services (Medicare) -Privacy and confidentiality (HIPPA) -Pt destination and hospital diversion (the Emergency Medical Treatment and Active Labor Act) |
|
Laws and regulations generally fall under the headings of _______, _________, or __________. |
administrative law civil law criminal law |
|
administrative law |
consists of rules and regulations that come from governmental agencies, such as a state EMS office, or a federal agency, such as the Centers for Medicare and Medicaid Services (CMS). |
|
CMS (Centers for Medicare and Medicaid Servises |
establishes reimbursement policy and regulations. |
|
What gives a governmental agency the right to create rules and regulations? |
The right of the governmental agency to create rules and regulations results when a legislative body (U.S. Congress, state legislature, or city counsel) passes a statutory law that gives an agency the right to created rules and regulations (administrative law) that govern a particular activity. |
|
Due Process |
The constitutional guarantee that laws and legal proceedings must be fair regarding an individual's legal rights. |
|
Civil Law |
A branch of law that deals with torts (civil wrongs) committed by one individual, organization, or group against another. |
|
Plaintiff |
The person who initiates a lawsuit by filing a complaint; also known as a claimant, petitioner, or applicant. |
|
Defendant |
The person or institution being sued; also called the respondent. |
|
Tort |
A wrong committed on the person or property of another. |
|
criminal law |
A branch of law in which the federal, state, or local government prosecutes individuals on behalf of society for violating laws designed to safeguard society. |
|
Where are most civil and criminal laws heard? |
In state courts. The case is first heard by a state trial court. An appeal may be reviewed by state courts of appeal and, finally, the supreme court of the state. |
|
Scope of practice |
A predefined set of skills, interventions, or other activities that the paramedic is legally authorized to perform when necessary; usually set by state law or regulation and local medical direction.
What you legally can and cannot do as a paramedic. |
|
NHTSA |
National Highway Traffic Safety Administration |
|
Standard of care |
Conduct exercising the degree of care, skill, and judgment that would be expected under like or similar circumstances by a similarly trained, reasonable paramedic in the same scenario. |
|
Medical Direction (medical control) |
Physician oversight of paramedic practice; also called medical control. |
|
prospective medical direction |
Physician development of standards such as training curricula and protocols that establish, in advance, the parameters of EMS practice and set forth the expectations that EMS providers must satisfy in the delivery of patient care. |
|
concurrent medical direction |
Consultation with a physician or other advanced healthcare professional by telephone, radio, or other electronic means, permitting the physician and paramedic to decide together on the best course of action in the delivery of patient care. |
|
retrospective medical direction |
Physician oversight that evaluates the effectiveness of care given through quality improvement programs, case reviews, and similar approaches. |
|
Licensure |
Recognition of minimal competency and the completion of prescribed education or training in a profession or occupation. |
|
Certification |
Recognition of minimal competency in certain skills or tasks. |
|
medical practice acts |
legislation that governs the practice of medicine; may prescribe how and to what extent a physician may delegate authority to a paramedic to perform medical acts; varies from state to state. |
|
Liability |
The legal responsibility of a party for the consequences of his or her acts or omissions. |
|
Professional malpractice |
A type of tort case addressing whether a professional person failed to act as a reasonably prudent and careful person with similar training would act under similar circumstances. |
|
Negligence |
The failure to act as a reasonably prudent and careful person would under similar circumstances. |
|
Statute of limitations |
A law that sets the time limits within which parties must take action to enforce their rights. |
|
Unintentional tort |
A wrong that the defendant did not mean to commit; a case in which a bad outcome occurred because of the failure to exercise reasonable care. |
|
contributory negligence. |
An injured plaintiff's failure to exercise due care that, along with the defendant's negligence, contributed to the injury. |
|
What are the four elements a plaintiff must prove to impose malpractice liability on a healthcare provider in a negligence case? |
1. Duty 2. Breach of duty 3. Damages 4. Causation |
|
duty to act |
A legal obligation (created by statute, contract, or voluntarily) to provide services. |
|
Breach of duty |
Violation by the defendant of the standard of care applicable to the circumstances. |
|
Malfeasance |
Performing a wrongful act |
|
Misfeasance |
Performing a legal act in a harmful manner. |
|
Nonfeasance |
Failure to perform a required act or duty. |
|
How is the paramedics's Standard of Care Determined? (7 things) |
- Scope of practice - EMS protocols - Applicable EMS policies or procedures - National standard curriculum - Literature (journals, EMS textbooks) - Expert witnesses - Juries |
|
Negligence per se |
Conduct that may be declared and treated as negligent without having to prove what would be reasonable and prudent under similar circumstances, usually because the conduct violates a law or regulation. |
|
Res ipsa loquitur |
latin parse meaning "the thing speaks for itself." In negligence cases, this doctrine can be imposed when the plaintiff cannot prove al four components of negligence, but the injury itself would not have occurred without negligence (such as a sponge left in a patient after surgery). |
|
damages |
Compensable harm or other losses incurred by an injured party (plaintiff) because of the negligence of the defendant. |
|
Causation (proximate cause) |
In a negligence case, the negligence of the defendant must have caused or created the harm sustained by the plaintiff; also referred to as proximate cause. |
|
Immunity |
Protection from legal liability in accordance with applicable laws. |
|
The difference between ordinary and gross negligence can be subjective. This is most often decided by _____________. |
a judge |
|
Intentional torts |
wrongs in which the defendant meant to cause the harmful action. |
|
Examples of Intentional Torts |
-Assault -Battery -False Imprisonment -Invasion of privacy -Libel -Slander
|
|
Battery |
Touching or contact with another person without that person's consent. |
|
Assault |
A threat of imminent bodily harm to another person by someone with the obvious ability to carry out the threat. |
|
False imprisonment |
Confinement or restraint of a person against his or her will or without appropriate legal jurisdiction. |
|
Invasion of privacy |
Disclosure or publication of personal or private facts about a person to a person or persons not authorized to receive such information. |
|
Libel |
False statements about a person made in writing that blacken the person's character or injure his or her reputation. |
|
Slander |
False statements spoken about a person that blacken the person's character or injure his or her reputation. |
|
Defamation |
The publication of false information about a person that tends to blacken the person's character or injure his or her reputation.
slander is spoken form
libel is the written form |
|
respondeat superior |
Latin phrase meaning "let the master answer." Under this legal doctrine, an employer is liable for the acts of employees within their scope of employment. |
|
consent |
informed permission, for care and/or transportation by EMS providers.
|
|
expressed consent |
Permission given by a patient or his or her responsible decision maker either verbally or through some physical expression of consent. |
|
Informed Consent |
The patient or responsible decision maker must be properly informed about the following: -Nature of the illness or injury -Treatment recommended -benefits of treatment -risks and dangers of treatment -Alternative treatment possible and risks -Dangers of refusing treatment (including transport) |
|
Implied consent |
The presumption that patient who is ill or injured and unable to five consent fro any reason would agree to the delivery of emergency healthcare necessitated by his or her condition. |
|
Involuntary consent |
The rendering of care to a person under specific legal authority, even if the patient does not consent to the care. |
|
Emergency Medical Treatment and Active Labor Act (EMTALA) |
A federal law that requires a hospital to provide a medical screening examination to anyone who comes to that hospital and to provide stabilizing treatment to anyone with an emergency medical condition, without considering the patient's ability to pay. |
|
minor |
In most states, a person younger than 18 years. |
|
Emancipated minor |
A self-supporting minor. This status often depends on the minor receiving an actual court order of emancipation. |
|
parens patriae |
means "parent of the country." -school officials -state guardian -governmental child services
Government agencies can give consent for minors under this concept. |
|
Minimal Documentation Requirements for Refusals of Care |
-A record of the patient's mental status -Findings of the paramedic's assessment of the patient -Details about any potential MOI or NOI -Specific risks discussed with the patient and the patient's understanding of those risks -Involvement of any medical direction in the refusal -Signature of patient or legally responsible decision maker on refusal of care form that includes a release of liability. |
|
Abandonment |
Terminating care when it is still needed and desired by the patient and without ensuring that appropriate care continues to be provided by another qualified healthcare professional. |
|
Confidentiality |
Protection of patient information in any form and the disclosure of that information only as needed for patient care or as otherwise permitted by law |
|
HIPAA permits protected health information to be used in __________, ___________, and ____________. |
treatment
payment
healthcare operations |
|
Examples of Individually Identifiable Health Information |
-name -Health plan beneficiary number -Address -E-mail address/Web site -Employer -SSN -Relatives' names -Medical record number -Dates relating to pt -Employee or account# -Phone and fax#'s -Vehicle or device #'s -Finger or voice print -License numbers -Photograph -Any unique identifier of code |
|
Rules of patient restraint |
-They must be used cautiously
-They must be used consistently with any applicable protocols
-They must be used in a way that protects the patient and preserves his or her dignity to the maximal extent possible. |
|
Physical restraints |
Straps, splints, and other devices that prevent movement of all or part of the patient's body. |
|
Chemical restraints (pharmacologic restraints) |
Agents such as sedatives that can suppress a patient's neurologic and / or motor capabilities and reduce the threat to the paramedic. |
|
medical practice act |
legislation that governs the practice of medicine; may prescribe how and to what extent a physician may delegate authority to a paramedic to perform medical acts; varies from state to state. |
|
What does the "literature" generally recommend to restrain a patient safely? |
a minimum of four providers (one for each extremity) |
|
The minimum documentation of transportation |
-destination of transport
-the time of arrival
-the pt's condition on arrival |
|
All cases that do not end in transport should be documented on the PCR. What should be documented? |
-address to which you responded
-The time of arrival
-survey of the scene or search of area
-other related details |
|
advanced directive |
A document in which a competent person gives instructions to be followed regarding his or her healthcare in the event the person later becomes incapacitated and unable to make or communicate those decisions to others. |