EMS Senior year > C.3 > Flashcards

C.3 Flashcards

(53 cards)

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1
Q

Which of following is NOT considered a source for determining EMT’s scope of practice?

A) National Highway Traffic Safety Administration
B) National EMS Standard precautions
C) National EMS Scope of Practice Model
D) National EMS Education Standards

A

B. Standard precautions is when you protect yourself from disease transmission. All the rest determine an EMT’s scope of practice

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2
Q

What is scope of practice?

A

Actions and care EMT’s are legally allowed to perform by the state in which they are providing emergency medical care.

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3
Q

What is the standard of care?

A

The care that is expected to be provided by an EMT with similar training and in an similar situation.

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4
Q

What are the two principles involving standard of care?

A

(1) Did the EMT provide the right assessment and emergency care for the patient?
(2) Did the EMT perform the assessment and emergency care properly?

(Essentially did you treat the patient correctly and did you do the treatment correctly)

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5
Q

Failing below the standard of care would constitute…

A

NEGLIGENCE NEGLIGENCE IT’S NEGLIGENCEEEEEEEEEE

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6
Q

Name what sources define standard of care? (there are 5)

A

-Recognized and accepted EMT books
-The care that would be expected by other EMT’s in the community or region
-Local and state protocols
-NHTSA’s National EMS standards
-The EMS system’s operating policies and procedures

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7
Q

Describe the concept of the duty to act?

A

YOUR legal obligation to provide service, even if you think the patient does not need help.

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8
Q

When you are off duty, are you obligated to help?

A

NOOOOOOOOOOOOOOOOO, you can either stop and help, pass the scene and call for help or just don’t call anyone. (At least, this is the case in most states but in some, you MUST help)

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9
Q

What is the Good Samaritan Law?

A

Protects a person who is not being paid for his services from liability for acts performed in good faith

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10
Q

What is sovereign immunity?

A

basically prevents people from suing governments without their consent.

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11
Q

What is statute of limitations?

A

This means that the patient has only a certain amount of time to file a negligence claim. (Varies by state)

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12
Q

What is contributory negligence?

A

When the patient contributes in any matter to his own injury or illness and chooses to file a negligence claim against an E.M.T

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13
Q

Who issued the code of ethics for EMT’s?

A

The national association of emergency medical technicians in 1978

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14
Q

What is expressed consent?

A

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

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15
Q

What is implied consent?

A

consent inferred due to circumstances of patients not being able to make rational choices or unresponsive.

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16
Q

What is minor consent?

A

Minors are not competent to accept or refuse care.

-Consent is required from a parent or legal guardian. Implied consent can be used when unable to reach a parent or guardian and treatment is needed.

-Minor consent is not required for emancipated minors. Criteria for emancipation varies but usually includes minors who are married or pregnant, already a parent, a member of the armed forces, financially independent, or emancipated by the courts.

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17
Q

What is involuntary consent?

A

Involuntary consent is used for mentally incompetent adults or those in custody of law enforcement. Consent must be obtained from the entity with the appropriate legal authority.

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18
Q

Due to the federal patient self determination act, the patient has a right to…

A

refuse resuscitation efforts. they can do this with an advance directive. (instructions written in advance)

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19
Q

What are the most common types of advance directives?

A

A living will, a durable power of attorney for health care, and DNR.

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20
Q

What is a living will?

A

legal document that expresses client’s wishes regarding medical treatment in the event the client becomes incapacitated and is facing end-of-life issues

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21
Q

What is a durable power of attorney? (medical power of attorney)

A

patient designates a surrogate to make medical decisions in event he/she loses decision making capacity

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22
Q

What are DNR orders?

Study These Flashcards
A

a legal document instructing healthcare professionals not to perform cardiopulmonary resuscitation (CPR) if a person’s heart or breathing stops

23
Q

What is POLST?

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A

physician orders for life-sustaining treatment, which Is a document that translates a seriously ill person’s wishes regarding medical treatment into actionable medical orders. It specifies the types of treatments a patient wants during a serious illness

24
Q

What are some ways you could protect yourself when the patient refuses treatment?

Study These Flashcards
A

-Complete a thorough physical assessment on the patient -Try again to persuade the patient to accept treatment or transport.
-Make sure the patient has the capacity to understand and make a rational informed decision
-Consult medical direction as needed or as required by local protocol.
-If the patient still refuses, clearly document what was told to the patient, his response and have him sign a refusal form.
- before you leave the scene, encourage the patient to seek help if certain symptoms develop.
- if you are unsure whether the patient can make a rational decision contact medical direction.

25
What are the 2 types of liabilities? And what is their difference?
Criminal: the government pursues legal action againist the emt Civil: an individual sues the emt, the agency/company, or others involved
26
What is a tort?
A wrongful act, injury or damage
27
What Is negligence?
A tort in which there is no intent to do any harm to the patient, but in which a breach in duty to act occurred.
28
What is abandonment?
When you stop treatment of the patient without transferring the care to another competent professional of an equal or higher level of training.
29
What is assault?
A wilful threat to inflict harm on a patient.
30
What is battery?
The act of touching a patient unlawfully without thier consent
31
What is false imprisonment or kidnapping?
When you take the patient to the hospital or another medical care facility against their wishes.
32
What is defamation?
When you release information to the public that is damaging to the person.
33
Slander vs libel.
Slander: spoken form of defamation Libel: written defamation
34
What is HIPPA?
The Health Insurance portability and accountability act is a federal law that protects the privacy of a patient's healthcare information and gives the patient control over how the information is distributed and used.
35
What is COBRA and EMTALA?
The consolidated omnibus budget reconciliation act and emergency medical treatment and active labor act are federal regulations that ensure the public's access to emergency health care regardless of ability to pay. Cobra helps for access to Healthcare and EMTALA helps with emergency care.
36
Medical IDs and tags
Card, necklace, bracelet, wristband or even tattoos but tattoos are often overlooked
37
Where are the presumptuous signs of death?
-Absence of pulse, breathing, and breath sounds -Complete unresponsiveness to any stimuli -No eye movement or pupil response -Absence of BP -No reflexes.
38
What are the obvious signs of death?
Decapitation -Rigor mortis (stiffness within 2-12 hours), -Decomposition of the body -Dependent lividity (discoloration of skin from pooling blood)
39
What are the baby safe haven laws?
A law designed to allow a parent to relinquish custody of an unharmed infant to a proper authority.
40
Besides the duty to act you also have duties to...
Yourself, your partner, and your equipment (make sure to check equipments functionality at the start of each shift)
41
What is informed consent?
Whenever the patient accepts consent after they are informed of the care to be provided and the associated risk.
42
What categorizes an emancipated minor?
One who is married, pregnant, a parent, a member of the armed forces, financially independent AND living away from home or has been declared emancipated by court degree.
43
What is DNRCC
DNR comfort care. Basically some treatment is given to ease the patient's pain such as o2, bleeding control, and pain medication
44
What is capacity?
When somebody is lucid and capable of understanding various treatment options and able to make a rational and informed decision.
45
Typically to be deemed lucid you have to accurately answer which questions?
Person, place, time, and event
46
In order to refuse treatment the patient must...
Be informed of and fully understand the treatment and all potential risk and consequences of refusal.
47
In the case the patient refuses treatment what should you do?
Attempt to get the patient to sign release from liability form. AND get a witness to also sign the form. DOCUMENT EVERYTHUNG you say and what the patient says, even if they refuse, have a witness to account for the fact that they did refuse and DOCUMENT all of this down. (Cannot have your partner help you sign or be witness)
48
What does the plaintiff have to prove? (Person who files lawsuit)
The EMT had a duty to act The EMT breached that duty to act The patient suffered an injury or harm that was recognizable by law. The injuries were the result of the breach of duty to act.
49
What does res ispa loquitur and negligence per se mean?
1. The thing speaks for itself (caregivers actions are obv the the cause of patients harm) 2. An act is considered to be negligent simply because it is in violation of a statute or regulation.
50
What is the breach of duty to act?
When the EMT deviates from the standard of care.
51
Simple versus gross negligence.
Simple: when a EMT fails to perform care or when a mistake is made in the treatment. Gross: wilful or extremely reckless patient care far beyond being negligent or careless. Intentional harm
52
You should only release confidentiality without permission IF:
Another health care provider needs to know the information to continue medical care. An official governmental agency requires mandatory reporting of permission You're requested by the police to provide information. A third party billing form requires the information you're required by legal subpoena to provide the information in court.
53
What are ways to identify a organ donor?
- a signed donor card - a sticker found on their license - "organ donor" printed on their license
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