Volume 1 Chapter 6

Legal Responsibility

Law based on a constitution, State or Federal

Law derived from society's customs, norms over time. Also known as Case Law or Judge-Made Law

Law created by law-making bodies such as congress and state assemblies. AKA Statutory Law

Law created by governmental agencies at either state or federal level. AKA regulatory law

Division of the legal system that deals with wrongs against society or its members

Division of legal system which deals with non-criminal issues or conflicts between two or more parties

• -Incident
• -Investigation
• -Filing of complaint
• -Answering of complaint
• -Discovery
• -Trial
• -Decision
• -Appeal
• -Settlement

• -Spousal Abuse
• -Child abuse/neglect
• -Elder abuse
• -Sexual assault
• -Gunshot/stab wounds
• -Animal bites
• -Transmissable diseases

Exemption from legal liability

Laws that provide immunity to certain people who assist at the scene of a medical emergency

Devation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm

• -Duty to Act
• -Breach of Duty to Act
• -Actual Damages
• -Proximate Cause

A formal contractual or informal legal obligation to provide care

An action or inaction that violates the standard of care expected from a paramedic

The degree of care, skill and judgment that would be expected under like or similiar circumstances by a similiarly trained, reasonable paramedic

A breach of duty by performance of a wrongful or unlawful act

A breach of duty by performance of a legal act in a manner that is harmful or unjurious

A breach of duty by failure to perform a required act or duty

"The thing speaks for itself"

Refers to compensable physical, psychological, or financial harm

Action or inaction of the paramedic that immediately caused or worsened damage suffered by the patient

The principle of law the prohibits the release of medical or other personal information about a patient without consent

An intentional false communication that injures another person's good name or reputation

The act of injuring someones reputation or good name through writing or false statements made in media

The act of injuring a person's character, name, or reputation by false malicious purposeful statements

The patient's granting of permission to treat

Able to make informed decisions

Verbal consent given by the patient after a full disclosure of information

Verbal, non-verbal or written consent by a patient they they would like treatment

Consent for treatment that is presumed for a patient who is mentall, physically or emotionally unable to grant consent. AKA emergency doctrine

Consent to treament granted by the authority of a court order

Depending on state law, usually under 18 years old

A person under 18 who is married, pregnant, a parent, a soldier or financially independent and living away from home

• -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

Termination of the paramedic-patient relationship without assurance that an equal or greater level of care will continue

An act that unlawfully places a person in apprehension of immediate bodily harm without consent

The unlawful touching of another person without consent

Intentional and unjustifiable detention of a person without his consent or legal authority

The minimal amount of force neccesary to ensure that an unruly or violent person will not harm himself or others

• 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

A legal document that allows a person to specify the kinds of medical treament he wishes to receive should the need arise

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