Ch 3 Vocab

Abandonment

Ending care without the patient’s consent or failing to transfer care to another medical professional with higher training.

Advance directive, living will, health care directive

Document that specifies treatment for a patient if they become unable to make decisions.

Algor mortis

When the body cools after death until it matches the temperature of the surrounding environment

assault

Making a patient afraid of bodily harm (ex threatening to restrain them)

battery

Touching a patient or providing care without consent

Compensatory damages

Damages given in a civil lawsuit used to restore the plaintiff to the same condition they were in prior to the incident - ex emotional damage from injury or poor treatment, they will be awarded money/excuse that covers sleep loss, missed days at work, therapy costs.

Contributory negligence

Legal defense that reduces the amount of compensation a plaintiff receives if their actions increased the likelihood that an incident occurred - when the injured plaintiff fails to exercise reasonable care for their own safety

Defamation

Spreading false information about a person to ruin their reputation

Dependent lividity

Blood settling to the lowest point of the body, definitive sign of death

Depositions

Oral questions asked of parties and witnesses under oath

Discovery

Phase of civil lawsuit where the plaintiff and defense obtain information from each other that will enable the attorneys to have a better understanding of the case - helps negotiate a settlement or prepares for trial. Includes depositions, interrogatories, records shown.

do not resuscitate (DNR) order

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

durable power of attorney for health care, health care proxy

Type of advance directive where a competent adult appoints another person to make medical treatment decisions for them in the event they lose decision-making capacity.

emergency doctrine

Law permitting health care providers to treat a patient in emergency situations if the patient can’t give consent because of altered level of consciousness, disability, effects of drugs/alcohol, or if they’re a minor.

expressed consent

When a patient gives verbal or nonverbal authorization for care/transport.

false imprisonment

The confinement of a person without legal authority or their consent.

Good Samaritan Laws

Statutory provisions enacted by many states to protect citizens from liability for errors and omissions in giving good faith emergency medical care unless there is deliberate or gross negligence

governmental immunity

Legal doctrine protecting EMS providers from being sued or limits the amount of monetary judgment the plaintiff may recover

gross negligence

Conduct that constitutes a willful or reckless disregard for a duty or standard of care

implied consent

Patient who is unable to give consent is given treatment under the legal assumption that they would want treatment

informed consent

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

in loco parentis

Legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent

kidnapping

Seizing, confining, abducting, or carrying away a person by force —> transporting a competent adult for medical treatment without their consent

libel

False/damaging information about a person that is communicated in writing

negligence

Failure to provide the same care a person with similar training would provide.

negligence per se

Theory used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute.

protected health information (PHI)

Any info about health status, provision of health care, or payment for health care that can be linked to an individual. Includes any part of a patient’s medical record or payment hx.

proximate causation

When a person who has a duty abuses it and causes harm to another individual

punitive damages

Damages that are sometimes awarded in a civil lawsuit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public

putrefaction

Decomposition of body tissues - definitive sign of death

res ipsa loquitur

When the EMT is held liable even when the plaintiff is unable to clearly demonstrate how an injury occurred

rigor mortis

Stiffening of the body muscles: definitive sign of death

scope of practice

Defined by state law: outlines the care that the EMT is able to provide for the patient

slander

False and damaging information about a person that is communicated by spoken word

standard of care

Written, accepted levels of emergency care expected by reason of training and profession; written by legal or professional organizations so that the patients are not exposed to unreasonable risk of harm

statute of limitations

The time within which a case must be commenced

torts

Wrongful acts that give rise to a civil lawsuit