Podcast
Questions and Answers
What is the primary protection an EMS practitioner has against liability?
What is the primary protection an EMS practitioner has against liability?
- Following all legal statutes and regulations
- Adhering to ethical guidelines
- Cooperating with other emergency professionals
- Maintaining accurate and complete documentation and systematic patient assessment (correct)
Which of the following best describes ethical standards for an EMS practitioner?
Which of the following best describes ethical standards for an EMS practitioner?
- They are moral obligations based on individual beliefs.
- They are laws that must be followed.
- They are principles that identify proper conduct. (correct)
- They are legal requirements that determine criminal and civil penalties.
Which of these is NOT considered an ethical responsibility for an EMS practitioner?
Which of these is NOT considered an ethical responsibility for an EMS practitioner?
- Maintaining mastery of skills and knowledge
- Prioritizing personal needs above patient needs during emergencies (correct)
- Treating all patients with courtesy and respect
- Reporting honestly and with respect for patient confidentiality
What distinguishes morality from legal duties for an EMS practitioner?
What distinguishes morality from legal duties for an EMS practitioner?
Which branch of the U.S. government is responsible for creating statutes, impacting EMS regulation?
Which branch of the U.S. government is responsible for creating statutes, impacting EMS regulation?
What is the primary purpose of constitutional law in the U.S.?
What is the primary purpose of constitutional law in the U.S.?
What is the main difference between common law and legislative law as sources of law?
What is the main difference between common law and legislative law as sources of law?
According to the provided text, an EMS practitioner’s duties are based on:
According to the provided text, an EMS practitioner’s duties are based on:
Which of the following best describes the origin of common law?
Which of the following best describes the origin of common law?
According to the concept of legal precedent, how should courts handle cases with similar facts?
According to the concept of legal precedent, how should courts handle cases with similar facts?
If a person is taken into police custody, what rights must they be informed of before any interrogation according to Miranda v. Arizona?
If a person is taken into police custody, what rights must they be informed of before any interrogation according to Miranda v. Arizona?
What is the geographic limit of case law?
What is the geographic limit of case law?
Which statement accurately describes the relationship between legislative law and common law?
Which statement accurately describes the relationship between legislative law and common law?
What is the function of administrative law?
What is the function of administrative law?
In the context of categories of law, what area does criminal law specifically address?
In the context of categories of law, what area does criminal law specifically address?
Which of the following best illustrates the definition of civil law?
Which of the following best illustrates the definition of civil law?
What is tort law a branch of?
What is tort law a branch of?
Which cases are generally heard in a federal court system?
Which cases are generally heard in a federal court system?
In a civil lawsuit, what is the role of the plaintiff?
In a civil lawsuit, what is the role of the plaintiff?
What is the purpose of an appellate court?
What is the purpose of an appellate court?
Which of the following is the correct sequence of steps in a civil lawsuit?
Which of the following is the correct sequence of steps in a civil lawsuit?
What action should an EMS provider mostly focus on to minimize the risk of civil liability?
What action should an EMS provider mostly focus on to minimize the risk of civil liability?
Where is it more likely for an EMS provider to face penalties or fines?
Where is it more likely for an EMS provider to face penalties or fines?
What is the primary role of an EMS agency's legal counsel?
What is the primary role of an EMS agency's legal counsel?
The Ryan White CARE Act is primarily designed to:
The Ryan White CARE Act is primarily designed to:
Which body enacts administrative law?
Which body enacts administrative law?
What is the primary focus of criminal law?
What is the primary focus of criminal law?
In a civil lawsuit, what is a plaintiff seeking from the defendant?
In a civil lawsuit, what is a plaintiff seeking from the defendant?
What area of law includes claims of negligence, assault, and battery?
What area of law includes claims of negligence, assault, and battery?
Where are most cases involving EMS practitioners likely to be heard?
Where are most cases involving EMS practitioners likely to be heard?
What is the initial step in a civil lawsuit after an incident has occurred?
What is the initial step in a civil lawsuit after an incident has occurred?
What is the 'discovery' phase in a civil lawsuit for?
What is the 'discovery' phase in a civil lawsuit for?
What is a key element in minimizing liability for an EMS practitioner?
What is a key element in minimizing liability for an EMS practitioner?
What is it important for EMS practitioners to familiarize themselves with regarding physical restraints?
What is it important for EMS practitioners to familiarize themselves with regarding physical restraints?
What defines the decisions of appellate courts?
What defines the decisions of appellate courts?
An administrative agency, such as OSHA, has the authority to:
An administrative agency, such as OSHA, has the authority to:
Which of the following examples would be considered a civil matter?
Which of the following examples would be considered a civil matter?
Why is it important for an EMS system to appoint an infection control officer?
Why is it important for an EMS system to appoint an infection control officer?
What is the primary function of licensure in the context of EMS practice?
What is the primary function of licensure in the context of EMS practice?
What is a common characteristic of EMS laws across different states?
What is a common characteristic of EMS laws across different states?
What is the main focus of motor vehicle laws pertaining to EMS?
What is the main focus of motor vehicle laws pertaining to EMS?
What is the main responsibility of an EMS practitioner when it comes to reporting?
What is the main responsibility of an EMS practitioner when it comes to reporting?
Which of the following is NOT typically a 'commonly mandated report' for healthcare workers?
Which of the following is NOT typically a 'commonly mandated report' for healthcare workers?
What characterizes the flexibility in disaster law?
What characterizes the flexibility in disaster law?
How can a governor's declaration impact EMS services during a disaster?
How can a governor's declaration impact EMS services during a disaster?
What is the main purpose of governmental immunity?
What is the main purpose of governmental immunity?
Which statement best describes the protection provided by Good Samaritan laws?
Which statement best describes the protection provided by Good Samaritan laws?
What is a key requirement for immunity provided under Good Samaritan laws?
What is a key requirement for immunity provided under Good Samaritan laws?
What could be a potential legal consequence for failing to make a mandatory report?
What could be a potential legal consequence for failing to make a mandatory report?
What is the most accurate description of how EMS laws and regulations should be approached?
What is the most accurate description of how EMS laws and regulations should be approached?
Which of the following actions is likely to be a violation?
Which of the following actions is likely to be a violation?
What additional impact can a disaster declaration have on EMS practitioners during a pandemic or disaster?
What additional impact can a disaster declaration have on EMS practitioners during a pandemic or disaster?
Which statement regarding reporting requirements is true?
Which statement regarding reporting requirements is true?
In a civil lawsuit, what is the primary purpose of the plaintiff's complaint or petition?
In a civil lawsuit, what is the primary purpose of the plaintiff's complaint or petition?
What is the main purpose of the 'discovery' phase in a lawsuit?
What is the main purpose of the 'discovery' phase in a lawsuit?
Which of the following best describes a 'deposition'?
Which of the following best describes a 'deposition'?
What is the typical basis for an appeal after a trial?
What is the typical basis for an appeal after a trial?
At which stage of a lawsuit can a settlement typically occur?
At which stage of a lawsuit can a settlement typically occur?
What is typically the source of law that directly affects EMS practitioners?
What is typically the source of law that directly affects EMS practitioners?
What is meant by the 'scope of practice' for an EMS practitioner?
What is meant by the 'scope of practice' for an EMS practitioner?
From whom do EMS practitioners generally receive their delegated authority?
From whom do EMS practitioners generally receive their delegated authority?
Under what circumstance should an EMS practitioner refuse to follow an order from medical direction?
Under what circumstance should an EMS practitioner refuse to follow an order from medical direction?
What is the first step an EMS practitioner should take if they receive an order that they believe could potentially harm a patient?
What is the first step an EMS practitioner should take if they receive an order that they believe could potentially harm a patient?
What primary conditions should an EMS practitioner consider before accepting control of patient care from an on-scene intervener physician?
What primary conditions should an EMS practitioner consider before accepting control of patient care from an on-scene intervener physician?
Which of the following best describes the variability in EMS laws and regulations?
Which of the following best describes the variability in EMS laws and regulations?
What area of EMS practice do motor vehicle laws primarily address?
What area of EMS practice do motor vehicle laws primarily address?
What is generally the difference between certification and licensure for an EMS practitioner?
What is generally the difference between certification and licensure for an EMS practitioner?
Which of the following is typically the requirement for a student to become a certified EMS practitioner in the state of New York?
Which of the following is typically the requirement for a student to become a certified EMS practitioner in the state of New York?
Which of the following is NOT explicitly listed as a 'commonly mandated report' for healthcare workers?
Which of the following is NOT explicitly listed as a 'commonly mandated report' for healthcare workers?
What is the governmental agency that typically grants a license for EMS practice?
What is the governmental agency that typically grants a license for EMS practice?
What action could expose an EMS practitioner to criminal and civil liability?
What action could expose an EMS practitioner to criminal and civil liability?
How does a state governor's declaration during a disaster impact EMS?
How does a state governor's declaration during a disaster impact EMS?
Why do most states have laws governing EMS practice?
Why do most states have laws governing EMS practice?
What actions are generally covered under most Good Samaritan laws?
What actions are generally covered under most Good Samaritan laws?
Which scenario is MOST likely to be covered under governmental immunity?
Which scenario is MOST likely to be covered under governmental immunity?
What is the function of the Ryan White CARE Act for EMS providers in the event of a potential pathogen exposure?
What is the function of the Ryan White CARE Act for EMS providers in the event of a potential pathogen exposure?
What is a typical effect of disaster/homeland security law on an EMS practitioner's practice?
What is a typical effect of disaster/homeland security law on an EMS practitioner's practice?
Which of these situations are considered a 'commonly mandated report'?
Which of these situations are considered a 'commonly mandated report'?
What should an EMS practitioner understand about local laws and regulations?
What should an EMS practitioner understand about local laws and regulations?
Which of the following primarily provides legal protections to personnel assisting during a medical emergency?
Which of the following primarily provides legal protections to personnel assisting during a medical emergency?
What is the potential consequence for failure to make a state-mandated report?
What is the potential consequence for failure to make a state-mandated report?
Besides bloodborne pathogens, what other type of exposure would potentially trigger legal requirements for EMS providers?
Besides bloodborne pathogens, what other type of exposure would potentially trigger legal requirements for EMS providers?
Why should an EMS agency seek advice from an attorney?
Why should an EMS agency seek advice from an attorney?
What is the main objective of the Ryan White CARE Act?
What is the main objective of the Ryan White CARE Act?
Which entity is responsible for enacting administrative law?
Which entity is responsible for enacting administrative law?
What is the primary function of OSHA in the context of EMS regulation?
What is the primary function of OSHA in the context of EMS regulation?
In what type of law does the government prosecute an individual on behalf of society?
In what type of law does the government prosecute an individual on behalf of society?
Which scenario is most likely to be addressed by civil law instead of criminal law?
Which scenario is most likely to be addressed by civil law instead of criminal law?
Which of the following actions potentially constitutes a tort?
Which of the following actions potentially constitutes a tort?
What typically determines whether a case will be heard in federal court versus state court?
What typically determines whether a case will be heard in federal court versus state court?
What is the term for a court that reviews decisions made by a trial court?
What is the term for a court that reviews decisions made by a trial court?
What is the next step in a civil lawsuit after a complaint has been filed?
What is the next step in a civil lawsuit after a complaint has been filed?
What is the purpose of the 'discovery' phase in a civil lawsuit?
What is the purpose of the 'discovery' phase in a civil lawsuit?
What is a 'plaintiff' in the context of a civil lawsuit?
What is a 'plaintiff' in the context of a civil lawsuit?
Which of the following best describes what a complaint in a civil lawsuit contains?
Which of the following best describes what a complaint in a civil lawsuit contains?
Which step in a civil lawsuit provides the defendant an opportunity to respond to the claims made against them initially?
Which step in a civil lawsuit provides the defendant an opportunity to respond to the claims made against them initially?
If an EMS practitioner in one state faces legal repercussions, how will it likely impact an EMS practitioner in a different state?
If an EMS practitioner in one state faces legal repercussions, how will it likely impact an EMS practitioner in a different state?
What concept would protect an EMS practitioner who consistently performs proper patient care?
What concept would protect an EMS practitioner who consistently performs proper patient care?
What is the purpose of a deposition in the discovery process?
What is the purpose of a deposition in the discovery process?
What is an interrogatory?
What is an interrogatory?
At which stage of a lawsuit can settlement occur?
At which stage of a lawsuit can settlement occur?
What governs the scope of practice for EMS practitioners?
What governs the scope of practice for EMS practitioners?
When can an EMS practitioner legitimately refuse an order from medical direction?
When can an EMS practitioner legitimately refuse an order from medical direction?
What must a physician do to assume control of patient care from an EMS practitioner?
What must a physician do to assume control of patient care from an EMS practitioner?
What is the difference between certification and licensure for EMS practitioners?
What is the difference between certification and licensure for EMS practitioners?
Why is it essential to understand EMS laws and regulations in a specific state?
Why is it essential to understand EMS laws and regulations in a specific state?
What is the main responsibility of the EMS practitioner when confronted with an improper order?
What is the main responsibility of the EMS practitioner when confronted with an improper order?
Which document is typically NOT part of the requests for document production in a lawsuit?
Which document is typically NOT part of the requests for document production in a lawsuit?
What usually triggers the filing of an appeal in a lawsuit?
What usually triggers the filing of an appeal in a lawsuit?
What is generally required for an EMS vehicle to operate under emergency conditions?
What is generally required for an EMS vehicle to operate under emergency conditions?
What happens immediately after a trial in a lawsuit?
What happens immediately after a trial in a lawsuit?
Which of the following reports is mandated for healthcare practitioners to generate?
Which of the following reports is mandated for healthcare practitioners to generate?
What aspect of disaster laws allows government flexibility during emergencies?
What aspect of disaster laws allows government flexibility during emergencies?
Good Samaritan laws generally protect individuals from liability under which condition?
Good Samaritan laws generally protect individuals from liability under which condition?
Which scenario is likely to require a state to recognize out-of-state EMS provider licenses?
Which scenario is likely to require a state to recognize out-of-state EMS provider licenses?
In what way do Good Samaritan laws differ between states?
In what way do Good Samaritan laws differ between states?
Which statement is true regarding governmental immunity for EMS practitioners?
Which statement is true regarding governmental immunity for EMS practitioners?
What does the Ryan White CARE Act mandate regarding exposure to infectious diseases?
What does the Ryan White CARE Act mandate regarding exposure to infectious diseases?
Which law provides some level of legal protection against civil liability for EMS practitioners?
Which law provides some level of legal protection against civil liability for EMS practitioners?
Which type of protective law addresses violence against EMS providers during medical care?
Which type of protective law addresses violence against EMS providers during medical care?
Why is it advised for EMS agencies to consult legal counsel regarding local laws?
Why is it advised for EMS agencies to consult legal counsel regarding local laws?
What is the initial step an injured driver's attorney takes to assess the validity of a potential lawsuit?
What is the initial step an injured driver's attorney takes to assess the validity of a potential lawsuit?
In the context of a civil lawsuit against an EMS practitioner, what document formally initiates the legal action?
In the context of a civil lawsuit against an EMS practitioner, what document formally initiates the legal action?
Which action is not typically part of the discovery process?
Which action is not typically part of the discovery process?
What is the primary focus of an appeal in a legal case?
What is the primary focus of an appeal in a legal case?
At which point can a settlement between plaintiff and defendant occur?
At which point can a settlement between plaintiff and defendant occur?
What generally sets the boundaries of an EMS practitioner's permissible duties and skills?
What generally sets the boundaries of an EMS practitioner's permissible duties and skills?
An EMS practitioner receives an order from medical direction that they know is medically inappropriate. What is the MOST appropriate first action?
An EMS practitioner receives an order from medical direction that they know is medically inappropriate. What is the MOST appropriate first action?
Under what circumstances can an EMS practitioner legitimately refuse an order from medical direction?
Under what circumstances can an EMS practitioner legitimately refuse an order from medical direction?
What does 'certification' typically mean for an EMS practitioner?
What does 'certification' typically mean for an EMS practitioner?
Which entity typically grants certification to EMS practitioners?
Which entity typically grants certification to EMS practitioners?
If an intervener physician is on scene, what should an EMS practitioner do prior to allowing the physician to take over patient care?
If an intervener physician is on scene, what should an EMS practitioner do prior to allowing the physician to take over patient care?
What should be included in a patient care report when an EMS practitioner refuses to follow an order from medical direction?
What should be included in a patient care report when an EMS practitioner refuses to follow an order from medical direction?
When is it appropriate to contact the system medical director after an EMS practitioner refuses an order from a physician?
When is it appropriate to contact the system medical director after an EMS practitioner refuses an order from a physician?
In a civil lawsuit, what is the role of a deposition?
In a civil lawsuit, what is the role of a deposition?
Which of the following emergencies must health care workers report to local authorities?
Which of the following emergencies must health care workers report to local authorities?
What legal protection do Good Samaritan laws provide to EMS practitioners?
What legal protection do Good Samaritan laws provide to EMS practitioners?
What can be temporarily modified or waived during a disaster declaration?
What can be temporarily modified or waived during a disaster declaration?
Which type of immunity protects government agencies from lawsuits regardless of circumstances?
Which type of immunity protects government agencies from lawsuits regardless of circumstances?
What are EMS practitioners advised to do regarding local laws and regulations?
What are EMS practitioners advised to do regarding local laws and regulations?
What is NOT a commonly mandated report required by health care workers?
What is NOT a commonly mandated report required by health care workers?
What should EMS practitioners be familiar with regarding physical restraints?
What should EMS practitioners be familiar with regarding physical restraints?
Which federal law requires hospitals to notify EMS agencies about potential exposures to infectious diseases?
Which federal law requires hospitals to notify EMS agencies about potential exposures to infectious diseases?
What is the main purpose of disaster/homeland security laws?
What is the main purpose of disaster/homeland security laws?
What legal consequence can result from failing to make a required report?
What legal consequence can result from failing to make a required report?
Which type of misconduct can result in criminal penalties for obstructing EMS activity?
Which type of misconduct can result in criminal penalties for obstructing EMS activity?
Which statement regarding governmental immunity is true?
Which statement regarding governmental immunity is true?
Which of the following is necessary for Good Samaritan laws to offer protection?
Which of the following is necessary for Good Samaritan laws to offer protection?
What is a primary responsibility of an infection control officer in EMS agencies?
What is a primary responsibility of an infection control officer in EMS agencies?
Under what circumstances might an EMS practitioner legitimately refuse to follow an order from medical direction?
Under what circumstances might an EMS practitioner legitimately refuse to follow an order from medical direction?
What is the general requirement for an intervener physician to assume control of patient care in an EMS situation?
What is the general requirement for an intervener physician to assume control of patient care in an EMS situation?
What is the scope of practice for an EMS practitioner?
What is the scope of practice for an EMS practitioner?
Which of the following scenarios would require an EMS practitioner to report the incident to local authorities?
Which of the following scenarios would require an EMS practitioner to report the incident to local authorities?
What are the general principles that most state laws governing EMS practice share?
What are the general principles that most state laws governing EMS practice share?
What is the primary purpose of motor vehicle laws that govern emergency vehicles?
What is the primary purpose of motor vehicle laws that govern emergency vehicles?
How do most states regulate the use of mobile devices by EMS practitioners while operating an emergency vehicle?
How do most states regulate the use of mobile devices by EMS practitioners while operating an emergency vehicle?
Why is it important for an EMS practitioner to understand the laws and regulations governing their practice?
Why is it important for an EMS practitioner to understand the laws and regulations governing their practice?
What is the purpose of an appeal in the context of an EMS lawsuit?
What is the purpose of an appeal in the context of an EMS lawsuit?
Under what circumstances is an EMS practitioner typically required to report an incident to law enforcement?
Under what circumstances is an EMS practitioner typically required to report an incident to law enforcement?
What is the most common source of law that affects EMS practice?
What is the most common source of law that affects EMS practice?
What is the primary method for an EMS practitioner to keep up-to-date with local EMS regulations?
What is the primary method for an EMS practitioner to keep up-to-date with local EMS regulations?
Which of the following is NOT typically a ground for an appeal in a lawsuit?
Which of the following is NOT typically a ground for an appeal in a lawsuit?
What is the primary purpose of a delegation of authority in the context of EMS practice?
What is the primary purpose of a delegation of authority in the context of EMS practice?
What is the primary function of an EMS regulatory agency?
What is the primary function of an EMS regulatory agency?
Which of the following is true regarding civil law?
Which of the following is true regarding civil law?
What is the initial step in a civil lawsuit process?
What is the initial step in a civil lawsuit process?
During the discovery phase of a civil lawsuit, what might occur?
During the discovery phase of a civil lawsuit, what might occur?
What happens after both parties present their cases in a trial?
What happens after both parties present their cases in a trial?
Which of the following best describes tort law?
Which of the following best describes tort law?
What is one key aspect that differentiates civil law from criminal law?
What is one key aspect that differentiates civil law from criminal law?
In the legal context, who is referred to as the defendant?
In the legal context, who is referred to as the defendant?
What must the plaintiff include in a complaint filed in civil court?
What must the plaintiff include in a complaint filed in civil court?
Which factor is most likely to increase the chances of a favorable outcome in a civil lawsuit?
Which factor is most likely to increase the chances of a favorable outcome in a civil lawsuit?
What is a common result after the trial phase is concluded?
What is a common result after the trial phase is concluded?
What initiates the appeals process following a trial verdict?
What initiates the appeals process following a trial verdict?
In a civil lawsuit, what is the role of the plaintiff during the discovery phase?
In a civil lawsuit, what is the role of the plaintiff during the discovery phase?
Which legal body primarily oversees the EMS regulatory issues within a state?
Which legal body primarily oversees the EMS regulatory issues within a state?
Flashcards
Liability
Liability
Legal responsibility for failing to meet professional standards.
Ethical Standards
Ethical Standards
Standards expected of healthcare providers, guiding conduct but not laws.
Morality
Morality
The principle of distinguishing between right and wrong based on personal conscience.
Constitutional Law
Constitutional Law
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Legislative Law
Legislative Law
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Administrative Law
Administrative Law
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Common Law
Common Law
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Judicial Branch
Judicial Branch
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Precedent
Precedent
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Civil Law
Civil Law
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Criminal Law
Criminal Law
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Tort Law
Tort Law
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Plaintiff
Plaintiff
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Defendant
Defendant
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Trial Court
Trial Court
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Appellate Court
Appellate Court
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Discovery
Discovery
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Complaint
Complaint
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Answer
Answer
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Settlement
Settlement
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Filing the complaint
Filing the complaint
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Answering the complaint
Answering the complaint
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Examination before trial (deposition)
Examination before trial (deposition)
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Interrogatory
Interrogatory
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Trial
Trial
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Decision
Decision
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Appeal
Appeal
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Scope of practice
Scope of practice
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Medical practice act
Medical practice act
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Off-line medical direction
Off-line medical direction
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Intervener physician policy
Intervener physician policy
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Certification
Certification
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Licensure
Licensure
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Medical Malpractice
Medical Malpractice
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Answering of Complaint
Answering of Complaint
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Federal Court System
Federal Court System
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State Court System
State Court System
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Motor Vehicle Laws (EMS)
Motor Vehicle Laws (EMS)
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Reporting Requirements (EMS)
Reporting Requirements (EMS)
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Disaster/Homeland Security Laws
Disaster/Homeland Security Laws
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Good Samaritan Laws
Good Samaritan Laws
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Governmental Immunity
Governmental Immunity
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Legal Protection for EMS Practitioners
Legal Protection for EMS Practitioners
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Duty of Care (EMS)
Duty of Care (EMS)
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Negligence (EMS)
Negligence (EMS)
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Vicarious Liability
Vicarious Liability
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EMS Records
EMS Records
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Unlicensed Practice
Unlicensed Practice
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Ethical Standards (EMS)
Ethical Standards (EMS)
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EMS Laws and Regulations
EMS Laws and Regulations
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Deposition
Deposition
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Medical Direction
Medical Direction
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Intervener Physicians
Intervener Physicians
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Mandated Reporting
Mandated Reporting
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Ryan White CARE Act
Ryan White CARE Act
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Infection Control Officer
Infection Control Officer
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EMS Regulatory Agency
EMS Regulatory Agency
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Motor Vehicle Laws for Emergency Vehicles
Motor Vehicle Laws for Emergency Vehicles
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Mandatory Reporting Laws
Mandatory Reporting Laws
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Assault or Battery Against Healthcare Providers
Assault or Battery Against Healthcare Providers
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State Specific EMS Laws
State Specific EMS Laws
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Reporting Requirements
Reporting Requirements
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Mobile Device Laws in Emergency Vehicles
Mobile Device Laws in Emergency Vehicles
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Laws Protecting EMS Practitioners from Exposure
Laws Protecting EMS Practitioners from Exposure
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Laws Governing Use of Physical Restraints
Laws Governing Use of Physical Restraints
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Laws Regarding Entry into Restricted Areas
Laws Regarding Entry into Restricted Areas
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EMS laws & regulations
EMS laws & regulations
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Motor vehicle laws for EMS
Motor vehicle laws for EMS
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Mobile device laws
Mobile device laws
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Examination Before Trial
Examination Before Trial
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Interrogatories
Interrogatories
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Mandated Reports
Mandated Reports
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Duty of Care
Duty of Care
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Civil Lawsuit
Civil Lawsuit
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EMS care
EMS care
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Study Notes
EMS Legal and Ethical Responsibilities
- EMS practitioners have legal duties to patients, crew, medical directors, and the public. These duties follow general standards and regulations, potentially leading to civil or criminal liability for inappropriate performance.
- Systematic patient assessment, appropriate care, and accurate documentation are crucial for minimizing liability.
- Ethical responsibilities, which are not laws, include prompt response to needs, respectful treatment of patients and families, maintaining skill and knowledge, continuous improvement, honest reporting, and teamwork and respect for other emergency professionals.
Sources of Law
- The US has four main sources: constitutional, common, legislative (statutory), and administrative (regulatory).
- Constitutional law is based on the US Constitution, outlining government structure and protecting citizens from abuses (e.g., Fourth Amendment protections).
- Common law, or case law, evolved from English customs and norms, establishing precedents for similar cases to be decided consistently. The Miranda v. Arizona case is a prime example. Precedents apply only to the jurisdiction where they were established.
- Legislative law, or statutory law, is created by law-making bodies (e.g., Congress, state assemblies) and surpasses common-law decisions.
- Administrative law, or regulatory law, is enacted by administrative agencies (e.g., OSHA) to implement statutes and enforce rules and regulations. State EMS agencies are examples.
Categories of Law
- Law is broadly split into criminal and civil categories.
- Criminal law deals with crimes and punishments (e.g., homicide, rape).
- Civil law, encompassing non-criminal issues, allows plaintiffs to sue defendants, often seeking damages for civil wrongs (e.g., medical malpractice, negligence).
Civil Lawsuits
- A civil lawsuit typically involves:
- An incident (e.g., a car accident).
- Investigation to determine merit.
- Complaint (petition) filing detailing involved parties, legal basis, and damages.
- Defendant's response (answer).
- Pretrial discovery (depositions, interrogatories, document requests) to gather information.
- Trial to present evidence and testimony.
- Court decision or jury verdict on guilt/liability and damages.
- Potential appeal based on legal errors.
- Potential settlement at any point.
Laws Affecting EMS
- Most EMS laws are state-specific but often share common principles.
- Scope of practice defines allowed duties and skills, usually set by state law or medical direction.
- EMS practitioners typically operate under physician supervision ("medical practice act").
- Following orders, even from medical direction, should not supersede ethical and medical considerations.
- Certification is recognition based on meeting qualifications; licensure is permission from a governmental agency to practice.
- States have regulations for EMS certifications, licensing, and re-licensing.
Motor Vehicle and Reporting Laws
- Motor vehicle regulations vary by state, encompassing emergency vehicle operation and equipment use. Mobile device use regulations are relevant.
- States have reporting requirements for certain situations (abuse, violent crimes, public health threats).
Disaster/Homeland Security Laws
- Disaster laws allow for flexibility in response systems and emergency regulations.
- Governors or local officials may alter laws during disasters.
Legal Protection for EMS Practitioners
- Laws protect EMS providers from assaults and discourage obstruction of EMS services.
- Governmental immunity protects government agencies but not necessarily individual practitioners.
- Good Samaritan laws commonly provide legal protection if acted in good faith, without negligence or payment.
- Local laws and regulations often address physical restraints, restricted areas, and bloodborne/airborne pathogen exposure.
Ryan White CARE Act
- This federal law addresses notification systems and medical record access for practitioners exposed to infectious diseases.
- States may enact similarly focused laws to protect EMS personnel.
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Description
Test your knowledge on the ethical standards and legal responsibilities of EMS practitioners. This quiz covers topics such as liability protection, common law, constitutional law, and case law related to emergency medical services. Perfect for students or professionals in the EMS field.
