Volume 1 Chapter 6

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Author:
amerelman
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5380
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Volume 1 Chapter 6
Updated:
2010-01-27 14:36:13
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Chapter 6
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Chapter 6
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  1. Liability
    Legal Responsibility
  2. Contitutional Law
    Law based on a constitution, State or Federal
  3. Common Law
    Law derived from society's customs, norms over time. Also known as Case Law or Judge-Made Law
  4. Legislative Law
    Law created by law-making bodies such as congress and state assemblies. AKA Statutory Law
  5. Administrative Law
    Law created by governmental agencies at either state or federal level. AKA regulatory law
  6. Criminal Law
    Division of the legal system that deals with wrongs against society or its members
  7. Civil Law
    Division of legal system which deals with non-criminal issues or conflicts between two or more parties
  8. Components of a Civil Lawsuit
    • -Incident
    • -Investigation
    • -Filing of complaint
    • -Answering of complaint
    • -Discovery
    • -Trial
    • -Decision
    • -Appeal
    • -Settlement
  9. What are some areas that we are required to report on?
    • -Spousal Abuse
    • -Child abuse/neglect
    • -Elder abuse
    • -Sexual assault
    • -Gunshot/stab wounds
    • -Animal bites
    • -Transmissable diseases
  10. Immunity
    Exemption from legal liability
  11. Good Samaritan Laws
    Laws that provide immunity to certain people who assist at the scene of a medical emergency
  12. Negligence
    Devation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm
  13. What are the four elements of negligence?
    • -Duty to Act
    • -Breach of Duty to Act
    • -Actual Damages
    • -Proximate Cause
  14. Duty to Act
    A formal contractual or informal legal obligation to provide care
  15. Breach of Duty
    An action or inaction that violates the standard of care expected from a paramedic
  16. Standard of Care
    The degree of care, skill and judgment that would be expected under like or similiar circumstances by a similiarly trained, reasonable paramedic
  17. Malfeasance
    A breach of duty by performance of a wrongful or unlawful act
  18. Misfeasance
    A breach of duty by performance of a legal act in a manner that is harmful or unjurious
  19. Nonfeasance
    A breach of duty by failure to perform a required act or duty
  20. Res Ipsa Loquitur
    "The thing speaks for itself"
  21. Actual Damages
    Refers to compensable physical, psychological, or financial harm
  22. Proximate Cause
    Action or inaction of the paramedic that immediately caused or worsened damage suffered by the patient
  23. Confidentiality
    The principle of law the prohibits the release of medical or other personal information about a patient without consent
  24. Defamation
    An intentional false communication that injures another person's good name or reputation
  25. Libel
    The act of injuring someones reputation or good name through writing or false statements made in media
  26. Slander
    The act of injuring a person's character, name, or reputation by false malicious purposeful statements
  27. Consent
    The patient's granting of permission to treat
  28. Competent
    Able to make informed decisions
  29. Informed Consent
    Verbal consent given by the patient after a full disclosure of information
  30. Experessed Consent
    Verbal, non-verbal or written consent by a patient they they would like treatment
  31. Implied Consent
    Consent for treatment that is presumed for a patient who is mentall, physically or emotionally unable to grant consent. AKA emergency doctrine
  32. Involuntary Consent
    Consent to treament granted by the authority of a court order
  33. Minor
    Depending on state law, usually under 18 years old
  34. Emancipated Minor
    A person under 18 who is married, pregnant, a parent, a soldier or financially independent and living away from home
  35. What is required to allow a patient to refuse care?
    • -Patient legally permitted to refuse-competent adult
    • -Make multiple attempts to convince the patient to allow treatment
    • -Enlist the help of others
    • -Make certain the patient is fully informed of all possible consequences
    • -Consult medical direction
    • -Have patient and witness sign release form
    • -Advise the patient that they may call back for help
    • -Attempt to get the patient's family or friend to stay with the patient
    • -Document the entire situation thoroughly on your patient care report
  36. Abandonment
    Termination of the paramedic-patient relationship without assurance that an equal or greater level of care will continue
  37. Assault
    An act that unlawfully places a person in apprehension of immediate bodily harm without consent
  38. Battery
    The unlawful touching of another person without consent
  39. False Imprisonment
    Intentional and unjustifiable detention of a person without his consent or legal authority
  40. Reasonable Force
    The minimal amount of force neccesary to ensure that an unruly or violent person will not harm himself or others
  41. Advance Directive
    • A document created to ensure that certain treatment choices are honored when a patient is unconcious or unable to express his wishes
    • -DNR
    • -Living Wills
    • -Durable powers of attorney
    • -Organ donor cards
  42. Living Will
    A legal document that allows a person to specify the kinds of medical treament he wishes to receive should the need arise
  43. DNR Orders
    Legal document signed by patient and physician that indicates to medical personnel that the patient does not wish to receive resuscitation in the event of a cardiac arrest

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