Chapter 3 (Terms)

Assault

Assault

Unlawfully placing a patient in fear of bodily harm.

Battery

Unlawfully touching a patient or providing emergency care without consent.

Bioethics

The study of ethics related to issues that arise in health care.

Breach of Confidentiality

Disclosure of information without proper authorization.

Compensatory Damages

Damages awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident.

Competent

Able to make rational decisions about personal well-being.

Abandonment

Unilateral termination of care by the EMT without the patient's consent and without making provisions for transferring care to another medical professional with the skills and training necessary to meet the needs of the patient.

Advance Directive

Written documentation that specifies medical treatment for a competent patient should the patient become unable to make decisions; also called a living will or health care directive.

Algor Mortis

Cooling of the body after death until it matches the ambient temperature.

Applied Ethics

The manner in which principles of ethics are incorporated into professional conduct.

Consent

Permission to render care.

Contributory Negligence

A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

Decision-making Capacity

Ability to understand and process information and make a choice regarding appropriate medical care.

Defamation

The communication of false information about a person that is damaging to that person's reputation or standing in the community.

Dependent Lividity

Blood settling to the lowest point of the body, causing discoloration of the skin; a definitive sign of death.

Depositions

Oral questions asked of parties and witnesses under oath.

Discovery

The phase of a 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 and which will assist in negotiating a possible settlement or in preparing for trial. Discovery includes depositions, interrogatories, and demands for production of records.

Do Not Resuscitate (DNR) Order

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

Durable Power of Attorney of Health Care

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

Duty to Act

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

Emancipated Minor

A person who is under the legal age in a given state but, because of other circumstances, is legally considered an adult.

Emergency

A serious situation, such as injury or illness, that threatens the life or welfare of a person or group of people and requires immediate intervention.

Emergency Doctrine

The principle of law that permits a health care provider to treat a patient in an emergency situation when the patient is incapable of granting consent because of an altered level of consciousness, disability, the effects of drugs or alcohol, or the patient's age.

Emergency Medical Care

Immediate care or treatment.

Ethics

The philosophy of right and wrong, of moral duties, and of ideal professional behavior.

Expressed Consent

A type of consent in which a patient gives verbal or nonverbal authorization for provision of care or transport.

False Imprisonment

The confinement of a person without legal authority or the person's consent.

Forcible Restraint

The act of physically preventing an individual from initiating any physical action.

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 wanton, gross, or willful negligence.

Governmental Immunity

Legal doctrine that can protect an EMS provider from being sued or which may limit the amount of the monetary judgement that the plaintiff may recover; generally applies only to EMS systems that are operated by municipalities or other governmental entities.

Gross Negligence

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

Health Care Directive

A written document that specifies medical treatment for a competent patient, should he or she become unable to make decisions. Also know as an advanced directive or living will.

Health Care Proxy

A type of advance 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. Also known as a durable power of attorney for health care.

Implied Consent

Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she 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

Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.

Interrogatories

Written questions that the defense and plaintiff send to one another

Kidnapping

The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her consent.

Libel

False and damaging information about a person that is communicated in writing.

Medicolegal

A term relating to medical jurisprudence (law) or forensic medicine.

Morality

A code of conduct that can be defined by society, religion, or a person, affecting character, conduct, and conscience.

Negligence

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

Negligence Per Se

A theory that may be used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute.

Patient Autonomy

The right of a patient to make informed choices regarding his or her health care.

Protected Health Information (PHI)

Any information about health status, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of a patient's medical record or payment history.

Proximate Causation

When a person who has a duty abuses it, and causes harm to another individual; the EMT, the agency, and/or the medical director may be sued for negligence.

Punitive Damages

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

Putrefaction

Decomposition of body tissues; a definitive sign of death.

Res Ipsa Loquitur

When the EMT or an EMS system is held liable even when that plaintiff is unable to clearly demonstrate how an injury occurred.

Rigor Mortis

Stiffening of the body muscles; a definitive sign of death.

Scope of Practice

Most commonly defined by state law; outlines the care you are 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 patients are not exposed to unreasonable risk or harm.

Statute of Limitations

The time within which a case must be commenced.

Torts

Wrongful acts that give rise to a civil lawsuit.