EMT Chapter 4 - Medical, Legal, and Ethical Issues

abandonment

leaving a patient after care has been initiated and before the patient has been transferred to someone with equal or greater medical training.

advance directive

a DNR order; instructions written in advance of an event.

assault

placing a person in fear of bodily harm.

battery

causing bodily harm to or restraining a person.

confidentiality

the obligation not to reveal information obtained about a patient except to other health care professionals involved in the patient’s care or under subpoena or in a court of law or when the patient has signed a release of confidentiality.

Consent

permission from the patient for care or other action by the EMT.

Expressed consent

consent given by adults who are of legal age and are mentally competent to make a rational decision with regard to their medical well-being.

implied consent

the consent it is presumed patients or their parents or guardians would give if they could, such as for an unconscious patient or a child whose parents cannot be contacted when care is needed.

crime scene

the location where a crime has been committed or any place that evidence relating to a crime may be found.

do not resuscitate (DNR) order

a legal document, usually signed by both patient and physician, which states that the patient has a terminal illness and does not wish to prolong life through resuscitative efforts.

duty to act

an obligation to provide care to a patient.

ethical

regarding a social system or social or professional expectations for applying principles of right and wrong.

Good Samaritan laws

a series of laws, varying by state, designed to provide limited legal protection for citizens and some health care personnel when they are administering emergency care

HIPAA

the Health Insurance Portability and Accountability Act, which includes the Privacy Rule protecting the privacy of patient-specific health care information and providing the patient with control over how this information is used and distributed.

in loco parentis

literally ‘in place of a parent,’ indicating a person who may give consent for care of a child when a parent is not present or able to give consent.

liability

being held legally responsible.

Libel

false, injurious information in written form.

Slander

false, injurious information stated verbally.

moral

regarding personal standards or principles of right and wrong.

negligence

a finding that there was failure to act properly in a situation in which there was a duty to act, that needed care as would reasonably be expected of the EMT was not provided, and that harm was caused to the patient as a result.

organ donor

a person who has completed a legal document that allows for donation of organs and tissues in the event of death.

Physician’s Order for Life-Sustaining Treatment (POLST)

physician order that states not only the patient’s wishes regarding resuscitation attempts but also the patient’s wishes regarding artificial feeding, antibiotics, and other life-sustaining care if the patient is unable to state those desires later

res ipsa loquitur

Latin term meaning ‘the thing speaks for itself.’ This is a foundational concept in negligence because it allows a finding of negligence even when there is no specific evidence of a negligent act

”safe haven” law

a law that permits a person to drop off an infant or child at a police, fire, or EMS station or to deliver the infant or child to any available public safety personnel. The intent of the law is to protect children who may otherwise be abandoned or harmed by parents who are unable or unwilling to care for them.

scope of practice

a set of regulations and ethical considerations that define the scope, or extent and limits, of the EMT’s job.

standard of care

for an EMT providing care for a specific patient in a specific situation, the care that would be expected to be provided by an EMT with similar training when caring for a patient in a similar situation.

tort

a civil, not a criminal, offense; an action or injury caused by negligence from which a lawsuit may arise.