Abandonment
Termination of medical care for the patient without giving the patient sufficient opportunity to find another qualified health care professional
Advance directive
A written or oral statement expressing a patient’s future medical care wishes (e.g., living wills, DNR orders, organ donation)
Assault
Creating in another person a fear of immediate bodily harm or invasion of bodily security
Battery
Carrying out a physical threat involving harmful, offensive, or sexual contact
Borrowed servant doctrine
Absorbs institutional liability when a member acts beyond their scope by following someone else’s orders
Civil lawsuit
An action instituted by a person or entity against another person or entity
Common law
A court decision based on interpretation of statutes or constitutions; also called case law
Consent
Agreement by the patient to accept medical intervention
Contributory negligence
Acts committed by a plaintiff that contribute to adverse outcomes
Criminal prosecution
An action by the government against a person for violation of criminal law
Damages
Compensation for injury awarded by a court
Decision-making capacity
The patient’s ability to understand and process information and the proposed treatment plan
Defamation
Intentionally making a false statement that injures someone’s reputation
Defendant
In a civil lawsuit, the person against whom a legal action is brought
Do not resuscitate (DNR) order
An advance directive specifying that no life-sustaining procedures should be performed
Due process
The right to fair legal procedures including notice and opportunity to be heard
Duty
Legal obligation for EMS or public services to respond to calls in their jurisdiction
Emancipated minor
A person younger than legal age who is treated as an adult due to other circumstances
EMTALA
A 1986 federal law to prevent patient dumping and ensure emergency treatment regardless of payment
Ethics
A set of societal values that distinguish right from wrong
Expressed consent
Informed consent provided verbally, in writing, or by actions
False imprisonment
Intentionally detaining someone without justification
Good Samaritan law
Protects bystanders who help in good faith outside a hospital
Gross negligence
Willful, reckless departure from accepted standards