Chapter 4 Medical, Legal, and Ethical Issues Flashcards Preview

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Flashcards in Chapter 4 Medical, Legal, and Ethical Issues Deck (127)
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1

1. One of the major differences between laws and ethics is that laws:
A) allow a person to determine right from wrong.
B) are usually broken because of an unethical act.
C) have sanctions for violation that are enforceable.
D) are reflective of a person's moral responsibilities.

C) have sanctions for violation that are enforceable.

Ans: C
Page: 85
Type: General Knowledge

2

2. The BEST legal protection for the paramedic is to:
A) always transport the patient to the hospital of the patient's choice, regardless of the patient's clinical condition.
B) provide a detailed patient assessment and appropriate medical care, followed by complete and accurate documentation.
C) routinely obtain more than the minimum number of continuing education credits required by the state department of health.
D) treat all patients with respect and remain aware that patients' cultural beliefs may differ from those of the paramedic.

B) provide a detailed patient assessment and appropriate medical care, followed by complete and accurate documentation.

Ans: B
Page: 85
Type: General Knowledge

3

3. The judicial branch at the state level is responsible for:
A) establishing and defining the law.
B) carrying out and administering the laws.
C) reporting to the governor in the state capitol.
D) resolving disputes based on interpretation of law.

D) resolving disputes based on interpretation of law.

Ans: D
Page: 88
Type: General Knowledge

4

4. When a person experiences an injury and seeks redress for that injury:
A) the judicial process must determine who was responsible.
B) it is usually the paramedic who is found grossly negligent.
C) it must be established that the injury led to a bad outcome.
D) he or she must prove that the standard of care was provided.

A) the judicial process must determine who was responsible.

Ans: A
Page: 89
Type: General Knowledge

5

5. Which of the following general statements regarding medical law is correct?
A) Medical providers with fewer than 5 years of experience are at highest risk of being sued.
B) A poor patient outcome typically means that the medical provider was grossly negligent.
C) The patient or survivor must prove all elements of negligence before a lawsuit will be successful.
D) A medical liability lawsuit will only be successful if the patient's outcome was unfavorable.

C) The patient or survivor must prove all elements of negligence before a lawsuit will be successful.

Ans: C
Page: 89
Type: General Knowledge

6

6. The wrongful act that gives rise to a civil suit is called:
A) a tort.
B) damage.
C) liability.
D) negligence.

A) a tort.

Ans: A
Page: 89
Type: General Knowledge

7

7. In a medical liability suit involving a paramedic, the plaintiff:
A) must prove that the paramedic broke an established law.
B) is the paramedic and is generally represented by a lawyer.
C) usually seeks compensation for the injury he or she sustained.
D) must convince 6 of 12 jurors to agree with his or her position.

C) usually seeks compensation for the injury he or she sustained.

Ans: C
Page: 89
Type: General Knowledge

8

8. Most lawsuits against EMS providers result from:
A) unethical acts.
B) ambulance collisions.
C) substandard patient care.
D) gross infractions of the law.

B) ambulance collisions.

Ans: B
Page: 89-90
Type: General Knowledge

9

9. Criminal laws most likely to apply to paramedics include all of the following, EXCEPT:
A) assault.
B) battery.
C) false imprisonment.
D) inadequate patient care.

D) inadequate patient care.

Ans: D
Page: 89
Type: General Knowledge

10

10. Assault on a patient occurs when the EMS provider:
A) defames a patient's character in his or her report.
B) touches another person without obtaining consent.
C) carries out a harmful physical act against a patient.
D) instills the fear of immediate bodily harm in a patient.

D) instills the fear of immediate bodily harm in a patient.

Ans: D
Page: 90
Type: General Knowledge

11

11. Transporting a competent adult patient without his or her consent would MOST likely result in allegations of:
A) assault.
B) battery.
C) false imprisonment.
D) criminal trespassing.

C) false imprisonment.

Ans: C
Page: 90
Type: General Knowledge

12

12. Documenting a false statement that injures a person's good name or reputation constitutes:
A) libel and defamation.
B) assault and battery.
C) slander and defamation.
D) gross negligence.

A) libel and defamation.

Ans: A
Page: 90
Type: General Knowledge

13

13. Which of the following is an example of slander?
A) Asking a family member if the patient uses drugs
B) Telling the receiving facility that a patient is drunk
C) Asking a patient if he or she is under psychiatric care
D) Documenting that you noted the possible smell of alcohol

B) Telling the receiving facility that a patient is drunk

Ans: B
Page: 90
Type: General Knowledge

14

14. The initial complaint filed against a paramedic or EMS system by a dissatisfied patient:
A) is typically detailed and contains specific information about what went wrong.
B) may not contain specific information about what the patient thinks went wrong.
C) does not include the name of the paramedic or EMS system who is being sued.
D) must be reviewed by a judge in order to determine if the complaint is justified.

B) may not contain specific information about what the patient thinks went wrong.

Ans: B
Page: 90-91
Type: General Knowledge

15

15. Because a lawsuit may not begin until several years after the paramedic cares for a patient:
A) the paramedic should place an attorney on retainer.
B) all paramedics should carry malpractice insurance.
C) the paramedic should follow up with the patient regularly.
D) it is essential to maintain good documentation on any call.

D) it is essential to maintain good documentation on any call.

Ans: D
Page: 91
Type: General Knowledge

16

16. Most civil cases are resolved during a settlement process because:
A) the plaintiff is typically awarded a larger amount of money.
B) it is expensive and time-consuming to take the case to trial.
C) the paramedic is found responsible during the discovery phase.
D) trial juries can be very unpredictable and are often misinformed

B) it is expensive and time-consuming to take the case to trial.

Ans: B
Page: 91
Type: General Knowledge

17

17. Every decision regarding patient care that a paramedic makes should be based on the:
A) standards of good medical care.
B) patient's perception of the problem.
C) patient's family's personal requests.
D) possible legal ramifications involved.

A) standards of good medical care.

Ans: A
Page: 91-92
Type: General Knowledge

18

18. If you must deviate from your protocols because of unusual circumstances, you should FIRST:
A) advise the patient.
B) document the event.
C) notify medical control.
D) apprise the receiving hospital.

C) notify medical control.

Ans: C
Page: 91
Type: General Knowledge

19

19. Which of the following statements regarding the paramedic-physician relationship is correct?
A) The paramedic will be held accountable for his or her own actions.
B) The physician is not authorized to restrict the paramedic's practice.
C) State EMS legislation is responsible for appointing medical directors.
D) The physician is legally accountable for actions taken by an employer.

A) The paramedic will be held accountable for his or her own actions.

Ans: A
Page: 91
Type: General Knowledge

20

20. Generally, the paramedic is not at liberty to disregard a physician's order unless:
A) the physician is not the paramedic's medical director.
B) the physician is not a licensed emergency physician.
C) it is documented why the order was not carried out.
D) carrying out the order will cause harm to the patient.

D) carrying out the order will cause harm to the patient.

Ans: D
Page: 91-92
Type: General Knowledge

21

21. Which of the following is an example of a protocol?
A) Radio orders
B) Standing orders
C) Online medical control
D) Verbal order by a physician

B) Standing orders

Ans: B
Page: 91-92
Type: General Knowledge

22

22. A bystander physician who assists the paramedic at the scene is not required to accompany the patient in the ambulance unless the physician:
A) is a board-certified emergency physician.
B) does not assume responsibility for the patient's care.
C) has performed procedures above the paramedic's level.
D) practices at the hospital to which the patient is transported.

C) has performed procedures above the paramedic's level.

Ans: C
Page: 92
Type: General Knowledge

23

23. If a conflict arises between a paramedic and a physician bystander in the field, the paramedic should:
A) become subordinate to the physician.
B) involve law enforcement in the incident.
C) contact medical control to seek resolution.
D) politely ask the physician to leave the scene.

C) contact medical control to seek resolution.

Ans: C
Page: 92
Type: General Knowledge

24

24. EMS-enabling legislation:
A) defines how EMS is structured.
B) appoints a system's medical director.
C) defines a physician's scope of practice.
D) develops local or regional EMS protocols.

A) defines how EMS is structured.

Ans: A
Page: 92
Type: General Knowledge

25

25. Scope of practice is defined as:
A) protocols agreed upon by a consensus of emergency physicians.
B) the level of care that an EMS employer allows the paramedic to provide.
C) national patient care guidelines established by the federal government.
D) care that a paramedic is permitted to perform under the certifying state.

D) care that a paramedic is permitted to perform under the certifying state.

Ans: D
Page: 93
Type: General Knowledge

26

26. A reasonable paramedic should follow the same ______________ that another paramedic in a similar situation would.
A) scope of practice
B) standard of care
C) wishes of the family
D) medical practice act

B) standard of care

Ans: B
Page: 93
Type: General Knowledge

27

27. Provisions of the medical practice act include all of the following, EXCEPT:
A) assigning medical directors to EMS systems.
B) defining minimum qualifications of the paramedic.
C) establishing a means of certification for the paramedic.
D) defining the skills that the paramedic legally can perform.

A) assigning medical directors to EMS systems.

Ans: A
Page: 92-93
Type: General Knowledge

28

28. Which aspect of the HIPAA is MOST pertinent to the paramedic?
A) Documenting a thorough patient assessment
B) Recovering funds from insurance companies
C) Ensuring that the patient's privacy is protected
D) Disclosing patient information to the media

C) Ensuring that the patient's privacy is protected

Ans: C
Page: 93-94
Type: General Knowledge

29

29. If your EMS system receives a subpoena for a patient's protected health information, it would be MOST appropriate to:
A) disclose the information requested by the subpoena.
B) notify legal counsel before releasing any information.
C) refuse to disclose any of the patient's protected information.
D) obtain the patient's consent before releasing any information

B) notify legal counsel before releasing any information.

Ans: B
Page: 94
Type: General Knowledge

30

30. Which of the following is addressed in the EMTALA?
A) Discouraging private individuals from suing if a hospital has violated the law
B) Allowing a woman who is in active labor to be transported to a distant hospital
C) Requiring EMS to transport all patients to the closest medical treatment facility
D) Preventing medical facilities from denying medical screening and stabilization

D) Preventing medical facilities from denying medical screening and stabilization

Ans: D
Page: 94
Type: General Knowledge