Medical/Legal Aspects of EMS
Libel
act of injuring person's character/name/reputation by false statements in writing/mass media.
Slander
act of injuring person's character/name/reputation by false statements spoken with malicious intent
Constitutional Law
based on constitution of US, protects people from government abuse
Informed consent
based on full disclosure of information
Tort Law
civil wrongs committed by one individual against another
Res ipsa loquitur
complainant must prove damages would not have occurred in absence of somebody's negligence
Involuntary consent
court orders patients to undergo treatment
Criminal Law
crime and punishment
Negligence
deviation from accepted standards of care recognized by law for protection of others against unreasonable risk of harm
Legislative Law (statutory)
does not come from court decisions, created by lawmaking or legislative bodies
Administrative Law (regulatory)
enacted by administrative or governmental agency at either federal/state level
nonfeasance
failure to perform required act or duty
Duty to act
formal contractual of informal legal obligation to provide care
defenses to negligence
good samaritan laws, governmental immunity, statute of limitations, and contributory or comparative negligence
Appellate courts
hear appeals of decisions by trial or appeal courts
False imprisonment
intentional and unjustifiable detention of person without his consent or other legal autority
Trial Courts
judge or jury determines outcome of individual
Living will
legal document that allows person to specify the kinds of medical treatment he wishes to receive
Breach of duty types
malfeasance, misfeasance, and nonfeasance
Civil Law
noncriminal issues
Expressed consent
patient directly grants permission
misfeasance
performance of legal act in manner harmful or injurious
malfeasance
performance of wrongful or unlawful act by medic
Defamation
person makes intentional false communication that injures another person's reputation
Certification
recognition granted to individual who has met qualifications to participate in certain activity
Common Law
societies acceptance of customs and norms over time
Abandonment
termination of paramedic-patient relationship without providing for continuation of care while still needed and desired by patient
Battery
unlawful touching of another individual without his consent
Assault
unlawfully placing person in apprehension of immediate bodily harm without his consent
Licensure
used to regulate occupations