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Questions and Answers
What must an EMT prove to establish negligence?
What must an EMT prove to establish negligence?
Which of the following accurately describes abandonment in the context of EMT care?
Which of the following accurately describes abandonment in the context of EMT care?
Under HIPAA, which situation allows for the sharing of patient information?
Under HIPAA, which situation allows for the sharing of patient information?
What is defined as battery in the context of EMT operations?
What is defined as battery in the context of EMT operations?
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Which term refers to taking a competent patient to the hospital against their wishes?
Which term refers to taking a competent patient to the hospital against their wishes?
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What is the primary purpose of HIPAA?
What is the primary purpose of HIPAA?
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What constitutes a tort in the context of emergency medical services?
What constitutes a tort in the context of emergency medical services?
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Which of the following is NOT a requirement to establish negligence in an EMT setting?
Which of the following is NOT a requirement to establish negligence in an EMT setting?
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What should an EMT do if a patient refuses treatment?
What should an EMT do if a patient refuses treatment?
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Which of the following actions represents assault in an EMT context?
Which of the following actions represents assault in an EMT context?
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Who has the authority to consent for medical care for a minor?
Who has the authority to consent for medical care for a minor?
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What happens if a minor is injured and no parent can be reached?
What happens if a minor is injured and no parent can be reached?
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Which situation does NOT constitute a minor as a patient?
Which situation does NOT constitute a minor as a patient?
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Which of the following can declare someone as emancipated?
Which of the following can declare someone as emancipated?
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What is the purpose of a Do Not Resuscitate (DNR) order?
What is the purpose of a Do Not Resuscitate (DNR) order?
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Which of the following statements about Advanced Directives is false?
Which of the following statements about Advanced Directives is false?
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Who can refuse care Against Medical Advice (AMA)?
Who can refuse care Against Medical Advice (AMA)?
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Which of the following is NOT a criterion for signing out AMA?
Which of the following is NOT a criterion for signing out AMA?
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Which of the following accurately describes a Durable Power of Attorney?
Which of the following accurately describes a Durable Power of Attorney?
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What does the term 'scope of practice' specifically refer to?
What does the term 'scope of practice' specifically refer to?
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What is the 'standard of care' most closely associated with?
What is the 'standard of care' most closely associated with?
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What does the 'duty to act' imply for EMTs?
What does the 'duty to act' imply for EMTs?
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Which of the following is NOT considered a legal obligation when it comes to abuse reporting?
Which of the following is NOT considered a legal obligation when it comes to abuse reporting?
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What does the Good Samaritan Law protect individuals from?
What does the Good Samaritan Law protect individuals from?
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In which scenario can an EMT pronounce a patient deceased?
In which scenario can an EMT pronounce a patient deceased?
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Who establishes medical direction in an EMT setting?
Who establishes medical direction in an EMT setting?
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When should an EMT call for medical direction?
When should an EMT call for medical direction?
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What is a primary requirement for a legal subpoena in accessing patient information?
What is a primary requirement for a legal subpoena in accessing patient information?
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What type of consent applies to a conscious and rational patient?
What type of consent applies to a conscious and rational patient?
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Which of the following is NOT an obvious sign of death recognized in San Diego County?
Which of the following is NOT an obvious sign of death recognized in San Diego County?
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Who has the authority to place a patient on a 5150 hold?
Who has the authority to place a patient on a 5150 hold?
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What does implied consent refer to in emergency medical situations?
What does implied consent refer to in emergency medical situations?
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What is a common misconception regarding the developmental stages of life?
What is a common misconception regarding the developmental stages of life?
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Which of the following describes 'offline medical direction'?
Which of the following describes 'offline medical direction'?
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What is one limitation of the Good Samaritan Law?
What is one limitation of the Good Samaritan Law?
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Which of the following situations would justify a 5150 hold?
Which of the following situations would justify a 5150 hold?
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What is the required follow-up action after reporting suspected abuse?
What is the required follow-up action after reporting suspected abuse?
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What is a sign of death that involves a body position due to gravity?
What is a sign of death that involves a body position due to gravity?
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Which of the following is a physiological change that occurs during late adulthood?
Which of the following is a physiological change that occurs during late adulthood?
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Study Notes
Legal Terms and Concepts
- Scope of Practice: Actions and care legally permitted for EMTs in their specific state during emergency medical services.
- Standard of Care: Expected care level by similarly trained EMTs in similar situations, often referred to as the "Reasonable Person" standard.
- Duty to Act: Legal responsibility to provide service during duty hours, regardless of personal assessment of the patient's need.
- Good Samaritan Law: Protects individuals volunteering emergency assistance from liability unless gross negligence is proven; does not prevent lawsuits.
Medical Direction
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Providers of Medical Direction:
- Medical director establishes policies and procedures.
- Base hospital provides guidance and protocols.
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Types of Medical Direction:
- Offline: Standing orders allowing EMTs to act without hospital contact.
- Online: Situations requiring EMTs to seek real-time orders from a base hospital.
- Importance: Medical direction clarifies the scope of practice for EMTs.
- When to Contact Medical Direction: For treatment not covered by standing orders or patient transport decisions.
Consent Types
- Informed/Expressed Consent: Obtained from conscious, rational patients before assessment and treatment.
- Implied Consent: Assumed for unresponsive or disoriented patients, or minors, as if they could consent.
- Minor Consent: Minors cannot consent; treatment under implied consent is allowed in emergencies. Legal guardian must be involved for non-emergency cases.
- Involuntary Consent: Involves patients who cannot refuse care due to incompetence or custody status.
Advanced Directives
- Do Not Resuscitate (DNR): Patient's wishes regarding resuscitation must be signed by both the patient/DPOA and a physician.
- POLST: Offers specific medical treatment preferences beyond DNR.
- Living Will: Provides general healthcare directives, rarely utilized in EMS.
- Durable Power of Attorney: Assigns decision-making authority to another person when the signer cannot make health choices.
Against Medical Advice (AMA)
- Who Can Sign Out: Competent patients capable of understanding their situation and consequences.
- AMA Checklist: Includes patient awareness of their condition, understanding risks of refusal, advised to recontact 911, and must sign necessary documentation.
- Documentation: Thorough records of all AMA incidents are crucial for legal protection.
Legal Terminology
- Negligence: EMT liability arises from failure to act according to established standards, leading to patient harm.
- Abandonment: Occurs when a patient is not transferred to a qualified professional after receiving care.
- Assault: Intention to harm or threaten a patient without physical contact.
- Battery: Unlawful physical contact without consent.
- Kidnapping: Forcibly taking a rational patient against their will.
- Tort: A wrongful act resulting in harm that can justify a civil lawsuit.
HIPAA
- Definition: Health Insurance Portability and Accountability Act regulates confidentiality in patient information sharing.
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Disclosure Rules:
- Information can be shared with other healthcare professionals, for mandatory reporting, law enforcement, billing, or legal subpoenas.
- Cannot share with family, friends, the press, or neighbors without consent.
Determination of Death
- Obvious Signs: Rigor mortis, decapitation, decomposition, evisceration, incineration, and dependent lividity (not counted in San Diego County).
- EMT Pronouncement of Death: Possible in cases of cardiac arrest with DNR/POLST or obvious signs of death present.
5150 Holds
- Authority to Initiate: Physicians and law enforcement can place a patient on a 5150 hold.
- Instigation Criteria: Patient poses danger to themselves or others or is gravely disabled.
Abuse Reporting
- Legal Obligation: Duty to report observed or suspected abuse immediately.
- Reporting Protocol: Contact appropriate agencies promptly and provide documentation within 36 hours.
Life Span Development
- Development Stages: Each stage signifies distinct physiological and psychosocial changes.
- Vital Signs by Age: Know differences in blood pressure, pulse, and respiratory rates across age groups including neonates, infants, toddlers, preschool-age, school-age children, adolescents, early adulthood, middle adulthood, and late adulthood.
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Description
This study guide covers essential legal concepts in emergency medical services, focusing on the scope of practice and standard of care for EMTs. It helps differentiate between legal obligations and expected care standards to ensure effective patient management. Perfect for those preparing for exams or enhancing their understanding of legalities in the medical field.
