2: Medical Legal Flashcards

1
Q

Law based on the U.S. Constitution.

A

Constitutional Law

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2
Q

Law that is derived from societies acceptance of customs and norms over time. Also called case law or judge-made law.

A

Common Law

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3
Q

Law created by law making bodies such as congress and state assemblies. Also called statutory law.

A

Legislative Law

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4
Q

Law that is enacted by governmental agencies at either the federal or state level.

A

Administrative Law

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5
Q

Division of the legal system that deals with wrings committed against society or its members.

A

Criminal Law

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6
Q

THe division of the legal system that deals with non criminal issues and conflicts between two or more parties.

A

Civil Law

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7
Q

A civil wrong committed by one individual against another.

A

Tort

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8
Q

Range of duties and skills paramedics are allowed and expected to perform.

A

Scope of Practice

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9
Q

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

A

Good Samaritan Laws

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10
Q

Deviation form accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm.

A

Negligence

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11
Q

A formal contractual or informal legal obligation to provide care.

A

Duty to Act

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12
Q

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

A

Breach of Duty

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13
Q

A breach of duty by performance of a WRONGFUL or UNLAWFUL act.

A

Malfeasance

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14
Q

A breach of duty by performance of a LEGAL act in a manner that is harmful or injurious.

A

Misfeasance

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15
Q

A breach of duty by FAILURE to perform a required act or duty.

A

Nonfeasance

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16
Q

1) Duty to act
2) Breach of that duty
3) Proximate Cause of damage
4) Actual damages.

A

Four parts of NEGLIGENCE

17
Q

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

A

Defamation

18
Q

The act of injuring a person’s character, name, or reputation by false statements made in WRITING.

A

Libel

19
Q

Act of injuring a person’s character, name, or reputation by false or malicious statements SPOKEN with malicious intent or reckless disregard for the falsity of those statements.

A

Slander

20
Q

Consent for treatment that is given based on full disclosure of information.

A

Informed Consent

21
Q

VERBAL, NONVERBAL or WRITTEN communication by a patient that he wishes to receive medical care.

A

Expressed consent.

22
Q

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

A

Implied consent

23
Q

Consent to treatment granted by the authority of a court order.

A

Involuntary Consent

24
Q

A person under 18 years of age who is married, pregnant, a parent, a member of the armed forces, or financially independent and living away from home.

A

Emancipated Minor

25
Q

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

A

Abandonment

26
Q

An act that unlawfully places a person in APPREHENSION of immediate bodily harm without his consent.

A

Assault

27
Q

The unlawful TOUCHING of another individual without his consent.

A

Battery

28
Q

Intentional an unjustifiable DETENTION of a person without his consent or other legal authority.

A

False Imprisonment

29
Q

The minimal amount of force necessary to ensure that an unruly or violent person does not cause injury to himself or others.

A

Reasonable Force.

30
Q

A document created to ensure that certain treatment choices are honored when a patient is unconscious or otherwise unable to express his choice of treatment.

A

Advance Directives