EMT Ethical and Legal Responsibilities
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Questions and Answers

What is consent in emergency care?

Permission to render care.

Which of the following is NOT a factor to consider when determining a patient's decision-making capacity?

  • The patient's physical location. (correct)
  • The patient's age.
  • The patient's intellectual capacity.
  • The patient's level of pain.

Expressed consent is a verbal or written agreement from the patient for treatment.

True (A)

What is implied consent in emergency care?

<p>Consent that is assumed based on certain circumstances.</p> Signup and view all the answers

In which of the following situations would implied consent NOT be applicable?

<p>A patient is fully conscious and refuses treatment despite being advised of potential consequences. (B)</p> Signup and view all the answers

Which of the following is NOT a common example of an involuntary consent scenario?

<p>A patient who is in a medical facility for a routine check-up. (C)</p> Signup and view all the answers

A minor can always give consent for medical treatment.

<p>False (B)</p> Signup and view all the answers

Which of the following scenarios DOES NOT require forcible restraint?

<p>A patient who is refusing treatment but is conscious and calm. (B)</p> Signup and view all the answers

Why is it crucial to involve online medical control when a patient refuses treatment?

<p>To ensure sound medical judgment and avoid potential legal issues.</p> Signup and view all the answers

A patient who is consciously refusing treatment can later change their mind and request care from EMS.

<p>True (A)</p> Signup and view all the answers

What kind of information should you always provide to a patient before they make a decision to accept or refuse treatment?

<p>A thorough explanation of the potential risks, benefits, and alternatives to treatment.</p> Signup and view all the answers

It is considered more defensible to provide treatment than to withhold it when in doubt about a patient's condition.

<p>True (A)</p> Signup and view all the answers

The primary responsibility for determining the cause of death lies with the EMT.

<p>False (B)</p> Signup and view all the answers

What does 'dependent lividity' refer to?

<p>The discoloration of the skin due to blood settling to the lowest point of the body.</p> Signup and view all the answers

Which of the following conditions typically DOES NOT require a medical examiner to be notified?

<p>Death from a natural illness diagnosed by a physician. (A)</p> Signup and view all the answers

A patient who has a donor card or driver's license expressing their wish to donate organs should be treated differently from other patients.

<p>False (B)</p> Signup and view all the answers

What is the purpose of medical identification insignia?

<p>To provide crucial information about the patient's medical condition, such as allergies, DNR orders, or other vital details.</p> Signup and view all the answers

The scope of practice for an EMT is solely defined by state law.

<p>False (B)</p> Signup and view all the answers

What is the primary purpose of 'standards of care' in emergency medical services?

<p>To establish a baseline of expected competency and conduct for EMTs.</p> Signup and view all the answers

An EMT is legally obligated to assist patients in an emergency situation even if they are off duty.

<p>False (B)</p> Signup and view all the answers

What are the four essential elements that must be present for a legal claim of negligence to be successful?

<p>Duty, breach of duty, damages, and causation.</p> Signup and view all the answers

Res ipsa loquitur is a legal doctrine that places the burden of proof on the EMT to prove their innocence in a case of negligence.

<p>False (B)</p> Signup and view all the answers

A tort claim focuses on criminal offenses, while negligence pertains to civil wrongs.

<p>False (B)</p> Signup and view all the answers

Which of the following scenarios DOES NOT constitute abandonment?

<p>An EMT providing basic care until a higher-level EMS crew arrives and takes over care. (E)</p> Signup and view all the answers

The term 'kidnapping' can be legally applied in situations where a patient is transported against their will, even for medical purposes.

<p>True (A)</p> Signup and view all the answers

Defamation is a verbal form of communication that undermines a person's reputation.

<p>False (B)</p> Signup and view all the answers

Good Samaritan laws provide absolute immunity from any liability for negligence when assisting in emergency situations.

<p>False (B)</p> Signup and view all the answers

Gross negligence involves a careless mistake or error.

<p>False (B)</p> Signup and view all the answers

Keeping accurate records is essential for legal protection and documenting a particular event.

<p>True (A)</p> Signup and view all the answers

The National EMS Information System (NEMSIS) helps standardize EMS data across the United States.

<p>True (A)</p> Signup and view all the answers

Mandatory reporting requirements for EMTs are universal and enforced equally in every state.

<p>False (B)</p> Signup and view all the answers

EMS personnel are ethically responsible for upholding the highest standards of care.

<p>True (A)</p> Signup and view all the answers

Ethics is solely about following the law.

<p>False (B)</p> Signup and view all the answers

An EMT can be called to court as either a witness or a defendant due to their involvement in a legal case.

<p>True (A)</p> Signup and view all the answers

When subpoenaed to court, an EMT should disregard their involvement in the case and avoid contact with their service director or legal counsel.

<p>False (B)</p> Signup and view all the answers

When testifying in court, an EMT should maintain neutrality and avoid any personal opinions.

<p>True (A)</p> Signup and view all the answers

If an EMT is involved in a civil lawsuit, the agency will typically provide legal representation for them.

<p>True (A)</p> Signup and view all the answers

Statute of limitations is a legal defense that shields an individual from legal action that occurs outside of a specific timeframe.

<p>True (A)</p> Signup and view all the answers

Governmental immunity always grants individuals complete protection from any legal claims.

<p>False (B)</p> Signup and view all the answers

Contributory negligence is a legal defense that can be used to reduce or eliminate the liability of a defendant, if the plaintiff contributed to the injuries or damages.

<p>True (A)</p> Signup and view all the answers

Discovery is a legal process that involves sharing evidence and gathering information from each side to gain a better understanding of a case.

<p>True (A)</p> Signup and view all the answers

If a case goes to trial, only compensatory damages can be awarded.

<p>False (B)</p> Signup and view all the answers

Punitive damages are intended to compensate the plaintiff for their injuries.

<p>False (B)</p> Signup and view all the answers

Flashcards

What is consent in the context of medical care?

Permission to provide care or transport to a patient.

What are the three types of consent?

Expressed, implied, and involuntary consent.

Explain expressed consent.

The patient verbally or nonverbally agrees to receive care or transport.

What is implied consent?

Consent assumed when a patient is unconscious, unable to make decisions, and in need of care.

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Describe involuntary consent.

Consent obtained from a legal guardian for a patient who is unable to consent due to mental illness, behavioral crisis, or developmental delay.

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How does consent apply to minors?

Typically, parents or legal guardians provide consent for minors.

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Explain the legal basis for using forcible restraint on a patient.

Forcible restraint is permissible when a patient is in need of medical care, but poses a danger to themselves or others.

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What is a patient's right to refuse treatment?

Adults with decision-making capacity have the right to refuse medical treatment, even if it leads to death or serious injury.

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How do you handle a patient who refuses care?

Assess their decision-making capacity, explain risks and benefits of treatment, and document the refusal.

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What is confidentiality in medical care?

Keeping patient information private and only sharing it with authorized people.

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Explain the relationship between HIPAA and confidentiality.

HIPAA strengthens privacy laws and protects patient information. Sharing without consent can lead to legal consequences.

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What are advance directives?

Written documents that state a patient's wishes for medical treatment if they become unable to make decisions.

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Describe a Do Not Resuscitate (DNR) order.

A medical order that allows medical providers to withhold resuscitation efforts.

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What are the physical signs of death?

Observable characteristics that indicate a person has died, such as unresponsiveness, lack of pulse, absence of breathing, and discoloration of the skin.

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Define presumptive signs of death.

Indicators suggesting death but not definitive, such as lack of responsiveness, pulse, and breathing.

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What are definitive signs of death?

Clear and undeniable evidence of death, such as obvious mortal injury or rigor mortis.

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Explain the role of a medical examiner in determining death.

They investigate deaths that require further investigation, such as those involving trauma or suspicion of foul play.

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What is meant by scope of practice?

A defined set of skills and procedures that an EMT is legally authorized to perform.

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Describe the concept of standards of care.

The accepted level of care that a reasonably prudent EMT with similar training would provide in the same or similar situation.

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What is duty to act?

A legal obligation to provide care to a patient once you respond to a call or begin treatment.

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Define negligence in the context of EMT care.

Failure to provide the same level of care that a similarly trained EMT would provide, resulting in harm to the patient.

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Explain abandonment by an EMT.

Unilaterally terminating care without the patient's consent or ensuring a competent medical provider takes over.

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Describe the differences between assault and battery.

Assault is placing someone in fear of harm, while battery is unlawful physical contact.

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Explain the concept of kidnapping in the context of emergency care.

Taking a patient against their will, which could include transporting them without consent.

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Define defamation and its types.

False information that damages a person's reputation. It can be libel (written) or slander (spoken).

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What are Good Samaritan laws?

Laws that protect individuals who voluntarily offer emergency care from liability for negligence, unless they act recklessly or beyond their scope of practice.

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Explain the difference between negligence and gross negligence.

Negligence is a failure to meet the standard of care, while gross negligence is a reckless disregard for the duty of care.

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What are the mandatory reporting requirements for EMTs?

Laws requiring EMTs to report certain incidents, such as child abuse, crime scenes, or infectious diseases, to appropriate authorities.

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Define ethics in the context of EMT care.

The moral principles and values that guide an EMT's professional conduct.

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Describe the EMT's role in a courtroom.

EMTs may be called as witnesses or defendants in legal cases. They should remain neutral and accurate in their testimony.

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What are potential legal defenses for EMTs in court?

EMT's may use defenses, such as statute of limitations, governmental immunity, or contributory negligence.

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Study Notes

Unit Summary

  • EMTs must understand ethical responsibilities and medicolegal directives
  • The chapter explains patient care related to confidentiality, consent, refusal of care, advanced directives, organ donor systems and policies, evidence preservation, and end-of-life care
  • National EMS Education Standard Competencies apply fundamental knowledge of the EMS system addressing medical/legal and ethical issues in emergency care.

Medical/Legal and Ethics

  • Consent/refusal of care (pages 86-90)
  • Confidentiality (page 91)
  • Advance directives (pages 93-95)
  • Tort and criminal actions (pages 101-103)
  • Evidence preservation (page 105)
  • Statutory responsibilities (pages 103-104)
  • Mandatory reporting (pages 104-105)
  • Ethical principles/moral obligations (pages 106-107)
  • End-of-life issues (pages 95-97)

Knowledge Objectives

  • Define consent and its relation to decision making (page 86).
  • Compare expressed consent, implied consent, and involuntary consent (pages 87-88).
  • Discuss consent by minors for treatment or transport (page 88).
  • Describe local EMS system protocols for using forcible restraint (pages 89-90).
  • Discuss the EMT's role and obligations if a patient refuses treatment or transport (pages 90-91).

Readings and Preparation

  • Review all instructional material, including the textbook chapter 3 and presentation support material
  • Review any related legal documents pertaining to prehospital care and personnel
  • Review recent legal case studies or legal proceedings for updated medicolegal information.
  • Consider utilizing local law librarians for additional information.

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Related Documents

EMT Unit 3 PDF

Description

This quiz covers the crucial ethical and legal responsibilities that EMTs must adhere to in patient care. Topics include consent, confidentiality, advanced directives, and evidence preservation, among others. Understanding these principles is essential for proper emergency medical services and compliance with national standards.

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