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Liability
Legal Responsibility
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Contitutional Law
Law based on a constitution, State or Federal
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Common Law
Law derived from society's customs, norms over time. Also known as Case Law or Judge-Made Law
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Legislative Law
Law created by law-making bodies such as congress and state assemblies. AKA Statutory Law
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Administrative Law
Law created by governmental agencies at either state or federal level. AKA regulatory law
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Criminal Law
Division of the legal system that deals with wrongs against society or its members
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Civil Law
Division of legal system which deals with non-criminal issues or conflicts between two or more parties
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Components of a Civil Lawsuit
- -Incident
- -Investigation
- -Filing of complaint
- -Answering of complaint
- -Discovery
- -Trial
- -Decision
- -Appeal
- -Settlement
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What are some areas that we are required to report on?
- -Spousal Abuse
- -Child abuse/neglect
- -Elder abuse
- -Sexual assault
- -Gunshot/stab wounds
- -Animal bites
- -Transmissable diseases
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Immunity
Exemption from legal liability
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Good Samaritan Laws
Laws that provide immunity to certain people who assist at the scene of a medical emergency
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Negligence
Devation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm
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What are the four elements of negligence?
- -Duty to Act
- -Breach of Duty to Act
- -Actual Damages
- -Proximate Cause
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Duty to Act
A formal contractual or informal legal obligation to provide care
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Breach of Duty
An action or inaction that violates the standard of care expected from a paramedic
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Standard of Care
The degree of care, skill and judgment that would be expected under like or similiar circumstances by a similiarly trained, reasonable paramedic
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Malfeasance
A breach of duty by performance of a wrongful or unlawful act
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Misfeasance
A breach of duty by performance of a legal act in a manner that is harmful or unjurious
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Nonfeasance
A breach of duty by failure to perform a required act or duty
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Res Ipsa Loquitur
"The thing speaks for itself"
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Actual Damages
Refers to compensable physical, psychological, or financial harm
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Proximate Cause
Action or inaction of the paramedic that immediately caused or worsened damage suffered by the patient
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Confidentiality
The principle of law the prohibits the release of medical or other personal information about a patient without consent
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Defamation
An intentional false communication that injures another person's good name or reputation
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Libel
The act of injuring someones reputation or good name through writing or false statements made in media
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Slander
The act of injuring a person's character, name, or reputation by false malicious purposeful statements
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Consent
The patient's granting of permission to treat
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Competent
Able to make informed decisions
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Informed Consent
Verbal consent given by the patient after a full disclosure of information
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Experessed Consent
Verbal, non-verbal or written consent by a patient they they would like treatment
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Implied Consent
Consent for treatment that is presumed for a patient who is mentall, physically or emotionally unable to grant consent. AKA emergency doctrine
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Involuntary Consent
Consent to treament granted by the authority of a court order
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Minor
Depending on state law, usually under 18 years old
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Emancipated Minor
A person under 18 who is married, pregnant, a parent, a soldier or financially independent and living away from home
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What is required to allow a patient to refuse care?
- -Patient legally permitted to refuse-competent adult
- -Make multiple attempts to convince the patient to allow treatment
- -Enlist the help of others
- -Make certain the patient is fully informed of all possible consequences
- -Consult medical direction
- -Have patient and witness sign release form
- -Advise the patient that they may call back for help
- -Attempt to get the patient's family or friend to stay with the patient
- -Document the entire situation thoroughly on your patient care report
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Abandonment
Termination of the paramedic-patient relationship without assurance that an equal or greater level of care will continue
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Assault
An act that unlawfully places a person in apprehension of immediate bodily harm without consent
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Battery
The unlawful touching of another person without consent
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False Imprisonment
Intentional and unjustifiable detention of a person without his consent or legal authority
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Reasonable Force
The minimal amount of force neccesary to ensure that an unruly or violent person will not harm himself or others
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Advance Directive
- A document created to ensure that certain treatment choices are honored when a patient is unconcious or unable to express his wishes
- -DNR
- -Living Wills
- -Durable powers of attorney
- -Organ donor cards
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Living Will
A legal document that allows a person to specify the kinds of medical treament he wishes to receive should the need arise
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DNR Orders
Legal document signed by patient and physician that indicates to medical personnel that the patient does not wish to receive resuscitation in the event of a cardiac arrest
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