Questions
Defamation in writing is referred to as _____
Defamation that is spoken is known as ____
libel
slander
the type of consent given when the patient verbally or otherwise acknowledges that he or she wants you to provide care or transport. Can be nonverbal.
Expressed consent
all patient information that you obtain in the course of providing medical treatment to a patient
protected health information (PHI)
the process by which an individual, institution, or program is evaluated and recognized as meeting certain predetermined standards to ensure safe and ethical patient care.
certification
failure to provide the same care that a person with similar training would provide the same or similar situation
negligence
Based on:
duty, breach of duty, damages, causation
Based on the common law principle that when you reasonably help another person, you should not be liable for errors and omissions that are made in giving good faith emergency care
Good Samaritan laws
When a parent cannot be reached to provide consent, are health care providers allowed to give emergency care to the child?
yes!
If the parents or legal guardian is present, the law requires that they give consent for treatment or transport of a child.
When are you allowed to report your assessment findings and treatments to others?
when they are DIRECTLY involved in the care of the patient. May be used for internal quality improvement and training programs. HOWEVER, all identifying information must first be removed.
how a reasonably prudent person with similar training and experience would act under similar circumstances, with similar equipment, and in the same or similar place.
standard of care
all forms of negligence come under this general category of civil wrongs
torts
the manner in which principles of ethics are incorporated into profession conduct
bioethics
Who can act as a witness when a patient signs a refusal of treatment?
family member or police officer
a written document that specifies medical treatment for a competent patient, should he or she become unable to make decisions. Referred to as a living will.
advance directive
the process by which a competent authority, usually the state, grants permission to practice a job, trade, or profession
licensure
unilateral termination of care by the EMT without the patient's consent and without making any provisions for continuing care by a medical professional who is competent to provide care for the patient
abandonment
-once care is started, you have assumed a duty that must not stop until an equally competent EMS provider assumes responsibility.
laws that vary from state to state that do not provide immunity when injury or damage is caused by gross negligence or willful misconduct
immunity laws
What should you document when you are not able to persuade the patient, guardian, or parent to proceed with treatment? (5)
- any asssessment findings
-the emergency care you provided
- your efforts to obtain consent
-your consultation with medical control
-the responses to your efforts
What requirements need to be met to have a valid DNR?
-a clear statement of the patient's medical problem
-signature of the patient or legal guardian
-signature of one or more physicians or other licensed health care providers
an established process to determine the qualifications necessary to be allowed to practice a particular profession, or to function as an organization
credentialing
unlawfully placing a person in fear of immediate bodily harm.
Assault
What type of lawsuits are common in health
civil lawsuits for battery are common in health care but criminal suits are rare
Strengthened laws for the protection of the privacy of health care information in order to safeguard patient confidentiality. It provides guidance on what types of information is protected, the responsibility of health care providers regarding that protection, and the penalties for breaching that protection
HIPAA
Health Insurance Portability and Accountability Act of 1996
explicitly describe acceptable interventions for the patient in the form of medical orders. These forms must be signed by an authorized medical provider in order to be valid.
POLST or MOLST
an EMTs responsibility to provide patient care
duty to act
once your ambulance responds to a call or treatment is begun, you have a legal duty to act.
unlawfully touching a person, including providing emergency care without consent
battery