Chapter 3

Question 1

abandonment

Answer 1

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.

Question 2

advance directive

Answer 2

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.

Question 3

algor mortis

Answer 3

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

Question 4

applied ethics

Answer 4

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

Question 5

assault

Answer 5

Unlawfully placing a patient in fear of bodily harm.

Question 6

battery

Answer 6

Unlawfully touching a patient or providing emergency care without consent.

Question 7

bioethics

Answer 7

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

Question 8

breach of confidentiality

Answer 8

Disclosure of information without proper authorization.

Question 9

compensatory damages

Answer 9

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.

Question 10

competent

Answer 10

Able to make rational decisions about personal well-being.

Question 11

consent

Answer 11

Permission to render care.

Question 12

contributory negligence

Answer 12

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

Question 13

decision-making capacity

Answer 13

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

Question 14

defamation

Answer 14

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

Question 15

dependent lividity

Answer 15

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

Question 16

depositions

Answer 16

Oral questions asked of parties and witnesses under oath.

Question 17

discovery

Answer 17

The phase of a civil lawsuit where the plaintiff and defense obtain information from each other to better understand the case and assist in settlement negotiations or trial prep; includes depositions, interrogatories, and demands for production of records.

Question 18

do not resuscitate (DNR) order

Answer 18

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

Question 19

durable power of attorney for health care

Answer 19

A type of advance directive executed by a competent adult that appoints another individual to make medical treatment decisions on his or her behalf if the person loses decision-making capacity.

Question 20

duty to act

Answer 20

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

Question 21

emancipated minor

Answer 21

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

Question 22

emergency

Answer 22

A serious situation, such as injury or illness, that threatens life or welfare and requires immediate intervention.

Question 23

emergency doctrine

Answer 23

Permits treatment in an emergency when the patient cannot grant consent because of altered mental status, disability, effects of drugs/alcohol, or age.

Question 24

emergency medical care

Answer 24

Immediate care or treatment.

Question 25

ethics

Answer 25

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

Question 26

expressed consent

Answer 26

Consent in which a patient gives verbal or nonverbal authorization for care or transport.

Question 27

false imprisonment

Answer 27

Confinement of a person without legal authority or the person’s consent.

Question 28

forcible restraint

Answer 28

Physically preventing an individual from initiating any physical action.

Question 29

Good Samaritan laws

Answer 29

State statutes that protect citizens from liability for errors/omissions in good-faith emergency care, unless wanton, gross, or willful negligence is involved.

Question 30

governmental immunity

Answer 30

Legal doctrine that can protect an EMS provider from being sued or limit monetary judgments; generally applies to EMS systems operated by municipalities or other government entities.

Question 31

gross negligence

Answer 31

Willful or reckless disregard for a duty or standard of care.

Question 32

health care directive

Answer 32

Written document specifying medical treatment for a competent patient should they become unable to decide; also called an advance directive or living will.

Question 33

health care proxy

Answer 33

Advance directive appointing another individual to make medical decisions if the patient loses decision-making capacity; also called durable power of attorney for health care.

Question 34

implied consent

Answer 34

Consent assumed when a patient cannot provide it and treatment is given under the legal assumption they would want care.

Question 35

informed consent

Answer 35

Permission for treatment given by a competent patient after risks, benefits, and alternatives are explained.

Question 36

in loco parentis

Answer 36

Legal responsibility of a person/organization to assume some functions and responsibilities of a parent.

Question 37

interrogatories

Answer 37

Written questions that the defense and plaintiff send to one another.

Question 38

kidnapping

Answer 38

Seizing, confining, abducting, or carrying away a person by force, including transporting a competent adult for medical treatment without consent.

Question 39

libel

Answer 39

False and damaging information about a person communicated in writing.

Question 40

medicolegal

Answer 40

Relating to medical jurisprudence (law) or forensic medicine.

Question 41

morality

Answer 41

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

Question 42

negligence

Answer 42

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

Question 43

negligence per se

Answer 43

Theory used when the conduct of the person being sued is alleged to have occurred in clear violation of a statute.

Question 44

patient autonomy

Answer 44

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

Question 45

protected health information (PHI)

Answer 45

Any information about health status, care, or payment that can be linked to an individual; broadly interpreted and includes any part of a patient’s medical record or payment history.

Question 46

proximate causation

Answer 46

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

Question 47

punitive damages

Answer 47

Damages sometimes awarded in civil suits when the defendant’s conduct was intentional or a reckless disregard for public safety.

Question 48

putrefaction

Answer 48

Decomposition of body tissues; a definitive sign of death.

Question 49

res ipsa loquitur

Answer 49

Liability may be found even when the plaintiff cannot clearly demonstrate how the injury occurred (“the thing speaks for itself”).

Question 50

rigor mortis

Answer 50

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

Question 51

scope of practice

Answer 51

Usually defined by state law; outlines the care that the EMT may provide.

Question 52

slander

Answer 52

False and damaging information about a person communicated by spoken word.

Question 53

standard of care

Answer 53

Written, accepted levels of emergency care expected by training and profession; set by legal/professional organizations to prevent unreasonable risk or harm.

Question 54

statute of limitations

Answer 54

The time within which a case must be commenced.

Question 55

torts

Answer 55

Wrongful acts that give rise to a civil lawsuit.