Chap 2 - Med_Legal Aspects of ALS Care.txt

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Chap 2 - Med_Legal Aspects of ALS Care.txt
2011-09-16 07:36:54

Chap 2 Med-Legal Aspects
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  1. What are the four sources of Law?
    • 1) Constitutional Law
    • 2) Common Law
    • 3) Administrative Law
    • 4) Legislative Law
  2. What is Constitutional Law?
    Law based on US Constitution
  3. What is Common Law?
    Law that is derived from society's acceptance of customs & norms over time (ie. case law)
  4. What is Legislative law?
    Law created by law-making bodies such as Congress & state assemblies (ie. statutory law)
  5. What is Administrative Law?
    Law that is enacted by gov't agencies at either fed or state level (ie. regulatory law)
  6. What are the two categories of law?
    • 1) Criminal
    • 2) Civil
  7. What is Criminal Law?
    Division of the legal system that deals with wrongs committed against society or its members
  8. What is Civil Law?
    The division of the legal system that deals with noncriminal issues & conflicts between 2 or more parties
  9. What is Tort Law?
    A branch of civil law that deals with a civil wrong committed by one individual against another
  10. What are the components of a Civil Lawsuit?
    • 1) Incident
    • 2) Investigation
    • 3) Filing of the Complaint
    • 4) Answering of the complaint
    • 5) Discovery
    • 6) Trial
    • 7) Decision
    • 8) Appeal
    • 9) Settlement
  11. What is scope of practice?
    Range of duties & skills paramedics are allowed & expected to perform
  12. What is certifcation?
    Recognition granted to an individual who has met predetermined qualifications to participate in a certain activity
  13. What is Licensure?
    Gov't agency granting permission to a person who meets established qualifications to engage in a particular profession or occupation
  14. What are some Common Mandated Reports?
    • 1) Spouse Abuse
    • 2) Child abuse/neglect
    • 3) Elder Abuse
    • 4) Sexual Assault
    • 5) GSW or stab wounds
    • 6) Animal bites
    • 7) Communicable Diseases
  15. What is Immunity?
    Exemption of legal liability
  16. What are Good Samaritan Laws?
    Laws that provide immunity to certain people who assist at the scene of a medical emergency
  17. What is Negligence?
    Deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm
  18. What are the Four Elements of Negligence?
    • 1) Duty to Act
    • 2) Breach of that Duty
    • 3) Actual Damages
    • 4) Proximate Cause
  19. What is Duty to Act?
    A formal contractual or informal legal obligation to provide care
  20. What is Breach of Duty?
    An action or inaction that violates the standard of care expected from a paramedic
  21. What is Standard of Care?
    The degree of care, skill, & judgment that would be expected under like or similar circumstances by a similarly trained, reasonable paramedic in the same community
  22. What are the 3 ways a Breach of Duty may occur?
    • 1) Malfeasance
    • 2) Misfeasance
    • 3) Nonfeasance
  23. What is Malfeasance?
    a breach of duty by performance of a wrongful or unlawful act
  24. What is Misfeasance?
    a breach of duty by performance of a legal act in a manner that is harmful or injurious
  25. What is Nonfeasance?
    A breach of duty by failure to perform a required act or duty
  26. What is res ipsa loguitur?
    a legal doctrine invoked by the plaintiffs to support a claim of negligence (ie. the thing speaks for itself)
  27. What are actual damages?
    Compensable physical, psychological or financial harm
  28. What is proximate cause?
    An action or inaction of the paramedic that immediately caused or worsened the damage suffered by the patient
  29. What are '4' possible defenses to Charges of Negligence?
    • 1) Good Samaritan Laws
    • 2) Gov't Immunity
    • 3) Statute of Limitations
    • 4) Contributory or Comparative Negligence
  30. What is Confidentiality?
    Prinicpal of law that prohibits the release of medical or other personal info about a patient w/o the patient's consent
  31. What is Defamation?
    An intentional false communication that injures another person's reputation or good name
  32. What is libel?
    Act of injuring a person's character, name or reputation by false statements made in writing or thru mass media with malicious intent or reckless disregard for the falsity of those statements
  33. What is Slander?
    Act of injuring a person's character, name or reputation by false or malicious statements spoken w/ malicious intent or reckless disregard for the falsity of those statements
  34. What is Consent?
    The pt's granting of permission for treatment
  35. What is Competent?
    Able to make an informed decision about medical care
  36. What are the '4' types of Consent?
    • 1) Informed
    • 2) Expressed
    • 3) Implied
    • 4) Involuntary
  37. What is Informed Consent?
    Consent for treatment that is given based on full disclosure of information
  38. What is Expressed Consent?
    Verbal, nonverbal or written communication by a pt that he wishes to receive medical care
  39. What is Implied Consent?
    Consent for tx that is presumed for a pt who is mentally, physically, or emotionally unable to grant consent (ie. emergency doctrine)
  40. What is Involuntary Consent?
    Consent to tx granted by the authority of a court order
  41. What is a Minor?
    Depending on the state law, usually a person under the age of 18
  42. What is an emancipated minor?
    a person who is under 18 y/o who is married, pregnant, parent, member of armed forces, or financially independent & living away from home
  43. What is Abandonment?
    Termination of the medic-patient relationship without assurance that an equal or greater level of care will continue
  44. What is Assault?
    An act that unlawfully places a person in apprehension of immediate bodily harm w/o his consent
  45. What is battery?
    the unlawful touching of another person w/o his consent
  46. What is False Imprisonment?
    Intentional & unjustifiable detention of a person w/o his consent or other legal authority
  47. What is Reasonable Force?
    Minimal amt of force necessary to ensure that a violent person does not cause injury to himself or others
  48. What are Advance Directives?
    Document created to ensure that certain treatment choices are honored when a pt is unconscious or otherwise unable to express his choice of tx
  49. What are some examples of Advance Directives?
    • 1) Living Wills
    • 2) Durable powers of attorney for health care
    • 3) DNR orders
    • 4) Organ Donor cards
  50. What is a living will?
    Legal document that allows a person to specify the kinds of medical tx he wishes to receive should the need arise
  51. What are Do Not Resuscitate (DNR) orders?
    Legal document that indicates to medical personnel which life sustaining measures should be taken when the pt's heart & respiratory functions have ceased
  52. What are the characteristics of a well-documented pt care report?
    • 1) Completed promptly after patient care
    • 2) Its thorough
    • 3) Its objective
    • 4) Its accurate
    • 5) It maintains pt confidentiality