Medical/legal Aspects Of Advanced Prehospital Care

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Legal responsibility

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LIABILITY

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Law based on the U.S Constitution. Protects people from government abuse

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Constitutional Law

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Also refered to as "case law", is derived from societys acceptance of customs and norms over time

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Common Law

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Law Created by law making bodies such as Congress and state assemblies, also call statutory law.

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Legislative Law

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Law that is enacted by an administrative or govermental agency at either the federal or state level

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Administrative Law

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The division of the legal system that deals with noncriminal issues and conflicts between two or more parties.

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Civil Law

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A civil wrong committed by one individual against another

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Tort Law

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The range of duties and skills paramedics are allowed and expected to perform

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Scope of Practice

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The recognition granted to an individual who has met predetermined qualifications to participate in a certain activity.

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CERTIFICATION

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process used to regulate occupations

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LICENSURE

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Most states have laws that require a health care worker to report to local authorities any suspected?

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spousal abuse, child abuse and neglect, elder abuse, sexual assault, gunshot wounds and stabbings, animal bites, and communicable diseases.

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Judicial Doctrine that prohibits a person from bringing a lawsuit against a government without its consent. does not protect the paramedic

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IMMUNITY

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Provides immunity to people who assist at the scene of a medical emergency if the person acts in good faith, is not megligent, acts withing his scope of practice, and does not accept payment

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GOOD SAMARITAN LAWS

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Deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm, synonymous with malpractice

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NEGLIGENCE

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In a negligence claim against a paramedic, the plaintiff must establish and prove four particular elements in order to prevail

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1.DUTY TO ACT
2.BREACH OF THAT DUTY
3.ACTUAL DAMAGES TO PT
4.PROXIMATE CAUSE(harm)

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Formal contractual or informal legal obligation to provide care

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DUTY TO ACT

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An action or inaction that violates the standard of care expected from a paramedic

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BREACH OF DUTY

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The degree of care, skill, and judgement that would be expected under like or similar circumstances by a similarly trained, reasonable Paramedic in the same community

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STANDARD OF CARE

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The performance of a wrongful or unlawful act by the paramedic

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Malfeasance

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The performance of a legal act in a manner that is harmful or injurious. ex intubate pts esophagus, fails to confirm tube placement, and leaves the tube in place

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Misfeasance

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failure to perform a required act or duty. ex. not fully immobilizing a collsion pt who is complaining of neck and back pain

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NONFEASANCE

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a legal doctrine invoked by plantiffs to support a claim of negligence. latin term meaning " the thing speaks for itself EX; pt has appendectomy and waked to find a surgical instrument has been left inside abdomen

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RES IPSA LOQUITUR

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refers to compensable physical, psychological, or financial harm. must prove that he was actually harmed in a way that can be compensated by the award of damages

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ACTUAL DAMAGES

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the action or inaction fo the paramedic that immediately caused or worsened the damage suffered by the pt. ex: pt breaks his arm in an ambulance on the way to the hospital from a MVC

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PROXIMATE CAUSE

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as a medic you may be supervising other ems providers EMT-B OR EMT-I and it will be your responsibility to make sure they perform their duties in a professional and medically appropriate manner, you may be liable

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BORROWED SERVANT DOCTRINE

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the principle of law that prohibits the release of medical or other personal information about a pt without the pt's consent

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CONFIDENTIALITY

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A pt must understand the nature, risks and benefits of any procedures to be performed and this is know as

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INFORMED CONSENT

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an intentional false communication that injures another persons reputation or good name

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DEFAMATION

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the act of injuring a persons character, name, or reputation by false statements made in writing or through media with malicious intent

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LIBEL

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act of injuring a person character, name, or reputation by false or malicious statements spoken with malicious intent or reckless disregard for the falsity of thos statements

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SLANDER

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VERBAL, NONVERBAL, OR WRITTEN COMMUNICATION BY A PT THAT HE WISHES TO RECIEVE MEDICAL CARE

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EXPRESSED CONSENT

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consent for treatment that is presumed for a pt who is mentally, physically, or emotionally unable to grant consent.....emergency doctrine

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IMPLIED CONSENT

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a person under 18 yrs old who is married, pregnant, a parent, a member of the armed forces, or financially independent and living away from home

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EMANCIPATED MINOR

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termination of the paramedic-pt relationship without assurance that an equal or greater level of care will continue.

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ABANDONMENT

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an act that unlawfully places a person in apprehension of immediate bodily harm without his consent

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BATTERY

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intentional and unjustifiable detention of a person without his consent or other legal authority

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FALSE IMPRISONMENT

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the minimal amount of force necessary to ensure that an unruly or violent person does not harm or inj himself or others

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REASONABLE FORCE

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a legal document that allows a person to specify the kinds of medical treatment he wishes to receive.

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LIVING WILL

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a document created to ensure that certain treatment choices are honored when a pt is unconscious or otherwise unable to express his choice of treatment

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ADVANCE DIRECTIVE

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legal document usually signed by the pt and his MD that indicates to EMS if the pt wants life sustaining measures if their heart or resp functions have ceased

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DNR DO NOT RESUSCITATE

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The _______ court is the location of most of the cases in which a paramedic may become involved

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STATE COURT