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55 Cards in this Set
- Front
- Back
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What are the two types of Law and what are they?
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Civll Law: Under which a patient can sue for perceived injury
Criminal Law: Province or Federal Government will prosecute for breaking a legal statute |
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What is civil law concerned with?
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Establishing liability or responsibility. The judicial process must establish who is responsible for an injury or damage caused.
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What is a tort?
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A tort is the civil law term for a wrongful act that gives rise to a civil suit.
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What is the person suing called?
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The plaintiff
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What is the person being sued called?
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The defendant
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What are damages?
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The objective of the civil suit and are awarded on conclusion
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What is a criminal prosecution?
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An action taken by the government against a person the state feels has violated laws.
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What is assault?
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This is said to occur when a person instills the fear of immediate bodily harm or breach of bodily security to another person.
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What is battery?
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Occurs when the defendant touches another person without their consent.
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What is false imprisonment?
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Restraint or transport against someone's will without justification
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What is defamation?
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Intentionally making false statements through written or verbal communication
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What is Libel?
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Making a false statement in the written form which injures a persons good name
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What is Slander?
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Verbally making a false statement that injures a persons good name
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What is your best protection against liability?
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To perform systematic assessments. Provide appropriate medical care and to complete documentation.
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What are the legal duties and ethical responsibilities of an EMT?
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1) Promptly respond to the needs or every patient
2) Treat all patients and their families with respect 3) Maintain skills and medical knowledge 4) Participate in continuing education 5) Critically review performance and constantly seek improvement 6) Report honestly and with respect for patient confidentiality 7) Work cooperatively and with respect for other emergency professionals |
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What is the role of the federal government in Health Care?
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Role established by the Canada Health Act.
Sets criteria and conditions related to health care that provinces must fulfill in order to get federal funding. Aims to ensure that all residents of Canada have reasonable access to health care. |
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What are the roles of the provinces and territories?
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Legislate, establish and fund the actual administration and provision of health care.
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What are the principles of Canadian Law?
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The Canadian constitution is the supreme law of the land.
When federal laws conflict with provincial or territorial laws the federal law governs. |
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What are the sources of law?
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Constitutional, Common Law, Legislative, Administrative
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What is Constitutional Law?
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Entrenches fundamental principles within the supreme law of Canada. Charter of rights and freedoms also entrenched in the constitution.
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What is Common Law?
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Created by the courts and derived from society's acceptance over time of customs and habits.
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What is Legislative Law?
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Created by legislative bodies, statutes may be enacted at the federal, provincial, or local levels of government.
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What is Administrative law?
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Regulatory law, enacted at the local or provincial level. OSHA or any College of Paramedics would be enacted at this level.
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What is scope of practice?
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Range of duties and skills that EMT's are allowed to and expected to perform.
Typically but not exclusively determined by on-line and off-line medical direction. |
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What does Advocacy mean?
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Your role as the patient advocate dictates that you will not respond to direction that
You know is inappropriate Outside your scope of practice You feel will unnecessarily harm the patient |
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What is certification?
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Recognition granted to an individual who has met predetermined qualifications to participate in a certain activity.
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What is licensure?
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Used to regulate occupations generally granted by a regulatory body to engage in a profession or occupation.
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How are motor vehicle laws set out?
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Set out by the provincial jurisdiction.
Legislation may be covered by more than one act. In Alberta EMS vehicle legislation is covered in the highway traffic act and the Ambulance Act |
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What do motor vehicle laws allow in general with regard to EMS vehicles?
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Exceed speed limits and breach other laws when it is safe and reasonable to do so.
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What are some mandatory reporting requirements?
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Spouse Abuse
Child abuse and neglect Elder abuse Sexual assault Gunshot and stab wounds Animal bites Communicable diseases |
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What does negligence mean?
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Deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm.
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What should you do to avoid negligence?
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Always exercise the degree of care skill and judgement expected under like circumstances by a similarly trained, reasonable EMT in the same community.
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What are the components of a negligence claim?
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The plaintiff must prove the following for negligence.
Duty to Act - did the EMT have a duty to act Breach of Duty - did the EMT either fail to act as they should or do more than they should Proximate cause - that the action in the breach of duty was what caused the injury Actual Damages - that damage was caused |
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What are the breaches of duty and what do they mean?
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Malfeasance - Performance of a wrongful or unlawful act by an EMT
Misfeasance - Performance of a legal act in a harmful or injurious manner Nonfeasance - Failure to perform a required act or duty |
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What is proximate cause?
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An action or inaction that immediately cause or worsened the damage is called proximate cause.
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What is confidentiality and when can it be breached?
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The right to confidentiality belongs to the patient.
It may be breached when the patient consents to it. When other medical providers need to know. When required by the law and for third party billing requirements |
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What is invasion of privacy and how may it affect the EMT?
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An EMT may be accused of IOP for the release of confidential information without legal justification regarding a persons private life which might reasonably expose the patient to ridicule notoriety or embarrassment.
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What is consent?
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The granting of permission to treat a patient
You must have consent before you treat a patient Patient must be competent to give or withhold consent |
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What is competence and how can it be measured?
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It is a persons capacity to make a decision.
There is no absolute test but methods can include the following Patient mental status Ability to respond to questions Bystander information concerning patient competency Evidence of impairment such as drugs or alcohol Indications of shock |
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What is informed consent?
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Conscious competent patients have the right to decide what medical care to accept. You must explain the following for informed consent.
- nature of the illness or injury - nature of recommended treatments - risks, dangers and benefits of those treatments - alternative possibilities - dangers or refusing treatments including transport |
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Explain in more detail what informed consent is?
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Must be obtained before treatment may be initiated
It is a process not an event. Patients have the right to change their mind. Generally patients must be 18 years of age or older Parents must give consent for the treatment of children |
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What is expressed consent?
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Verbal, non-verbal or written communication by a patient who wishes to receive treatment.
The act of calling for EMS is generally regarded as an expression of the desire to receive treatment You must obtain consent for each treatment provided |
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What is Implied consent?
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Consent for treatment that is presumed for a patient who is mentally, physically or emotionally unable to give consent.
It is assumed that a patient would want life saving treatment if able to give consent Also called emergency doctrine |
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What is Involuntary consent?
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Consent for treatment obtained by a court order.
Most commonly encountered with patients who must be held for mental health evaluation or as directed by law enforcement personnel who have a patient under arrest. May be used on a patient whose disease threatens the community at large. |
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What are special consent situations?
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Minors - under 18 years, consent must be obtained from a parent or legal guardian
Mentally incompetent adult - consent must be obtained from the legal guardian |
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What if a parent or legal guardian cannot be found?
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The patient can be treated under the doctrine of implied consent.
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How and when can a patient remove consent?
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A patient can withdraw consent at any time as long as it is an informed refusal of treatment
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What is the patient refusal checklist comprised of?
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Is the patient legally permitted to refuse care?
Make multiple sincere attempts to convince the patient to accept care Enlist the help of others such as patients family or friends to convince pt to accept care Make sure the pt is informed of their decision Consult with on-line medical direction Have the pt and a disinterested witness sign a release from liability form Advise the patient that he or she may call for help again Attempt to get someone to stay with the patient Document the entire situation thoroughly |
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What are some examples of a problem patient?
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Violent
Victim of drug overdose Intoxicated Ill or injured minor with no adult to provide consent for treatment |
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How can you deal with problem patients?
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Attempt to develop trust and rapport with the patient
Regardless of the type of problem always document encounter in detail |
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What is reasonable force?
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It is the minimum amount of force necessary to ensure that an unruly or violent person does not cause injury to themselves or others.
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What are advance directives?
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A document created to ensure that certain treatment choices are honoured when a patient is unconscious or otherwise unable to express his or her choice of treatment.
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What are examples of advance directives?
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Living will
Durable powers of attorney for health care DNR orders Organ donor cards |
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What should you do at crime and accident scenes?
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If you believe a crime has been committed involve law enforcement personnel.
Protect yourself and other EMS personnel. Initiate patient care only when the scene is safe Preserve the scene as much as possible - observe and document anything that moved - leave gunshot and stabbing holes intact if possible - if something must be moved notify officers and document your actions |
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What are the principles of documentation?
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Complete promptly after patient contact
Be thorough Be accurate Be objective Maintain patient confidentiality Never alter a patient care record All forms of documentation should be held to the same standard |
