CONSENT & REFUSAL
TORTS
THE DONT'S
LEGAL
Odds & Ends
100

Unilateral termination of care by the EMT without the patient's consent and without making provisions for transferring care to another health care professional with skills at the same level or higher.

What is Abandonment

100

Failure to use the degree of skill and learning expected of a profession, resulting in injury, loss, or damage to a patient

Malpractice

100

Threatening a person or causing a person fear of immediate bodily harm without person's consent.

What is Assault

100

A wrongful act that gives rise to a civil suit.

What is tort

100

May apply to patients who are:

Mentally ill

In behavioral crisis

Developmentally delayed

 What is involuntary consent

200

Permission from a patient or guardian to provide care.

What is consent

200

Spoken comment that causes a person ridicule or contempt or damages the person’s reputation

Slander

200

Unlawfully touching a person; this includes providing medical care without consent.

What is Battery

200

An act that was enacted in 1996, providing for criminal sanctions as well as for civil penalties for releasing a patient's protected health information in a way not authorized by the patient.

What is HIPAA

200

Can withdraw from treatment at any time, even if the result is death or serious injury

What is The Right to Refuse Treatment

300

A type of consent in which the patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.

What is implied consent

300

False written statement that causes a person ridicule or contempt or causes damage to the person’s reputation

Libel

300

Seizing, confining, abducting, or carrying away of a person with force and without consent.

What is Kidnapping

300

A type of advanced directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf in the event that the person making the appointment loses decision-making capacity.

What is durable power of attorney for health care

300

What is the failure to exercise the level of care that a reasonably prudent person would use in similar circumstances, resulting in unintended harm or injury to another.

What is Negligence

400

Permission for treatment given by a competent patient after potential risks, benefits, and alternatives to treatment have been explained.

What is informed consent

400

Someone who has the power or authority to act as the representative of another

Agent

400

The unauthorized confinement of a person that lasts for an appreciable period of time.

What is False Imprisonment

400

A medicolegal term relating to certain personnel who by statute or by function have responsibility to provide care

What is Duty to Act

400

Written documentation giving permission to medical personnel not to attempt in the event of cardiac arrest.

What is DNR

500

A type of consent in which the patient gives express authorization for provision of care or transport.

What is expressed consent

500

Set of principles relating to what is morally right or wrong

Ethics

500

Occurs when false statements either cause a person to be ridiculed or damage the person’s reputation

What is Defamation

500

Accepted levels of medical care expected by reason of training and profession; determined by legal or professional peer organizations so that patients are not exposed to unnecessary risk or harm.

What is standard of care

500

Teachers and healthcare providers fall under this title that requires them to notify a qualified professional if there are any signs of child/elderly abuse.

What is Mandatory Reporting Requirements