Vol. 1 Ch. 7
One of the most well-known employment laws is the: A. Americans with Disabilities Act. B. Title IV Gender Neutrality Act. C. Unfair Labor Standards Act. D. Wetterling Registration Act.
A. Americans with Disabilities Act.
If an advanced EMT started an IV on a patient under the direction of his paramedic partner, and the patient wound up with a bad infection from the IV, what legal tenet will also make the paramedic at risk for negligence? A. Borrowed servant doctrine B. Medical direction oversight C. Off-line medical protocol adherence D. Differed care authorization (DCA)
A. Borrowed servant doctrine
A paramedic and medical direction both make malicious statements about a patient over the ambulance-hospital radio. Which of the following is true? A. Both can be sued for slander. B. The paramedic can be sued, but not the medical director. C. Only the medical director can be sued. D. Conversations with medical direction are protected.
A. Both can be sued for slander.
A patient has his leg amputated in a motorcycle collision. The paramedic properly cares for the patient and the amputated part, but the leg cannot be reattached because there is not a trauma center in the area and the paramedic has to transport to a local hospital that is not equipped to reattach amputated limbs. In regard to the paramedic's actions, which of the following is not likely to be established in a claim of negligence? A. Breach of duty B. Duty to act C. Damages D. None of the above can be established
A. Breach of duty
Based on HIPAA requirements, patients can do all except which of the following with their patient health records? A. Delete information from their health records B. Amend their health records C. Inspect their health records D. Copy their health records
A. Delete information from their health records
Which of the following is true regarding the Good Samaritan laws in most states? A. It may protect EMS providers in certain situations. B. It protects all EMS providers. C. It protects federal EMS providers only. D. It does not protect EMS providers.
A. It may protect EMS providers in certain situations.
A paramedic performs a procedure that he is not allowed to do, according to his scope of practice, and the patient is injured. Which of the following terms best describes that action? A. Malfeasance B. Feasance C. Misfeasance D. Nonfeasance
A. Malfeasance
Which of the following is not an amendment to Title VII? A. The Disability Employment Act of 1990 B. The Age Discrimination and Employment Act of 1967 C. The Age Discrimination Act of 1975 D. The Equal Employment Opportunity Act of 1972
A. The Disability Employment Act of 1990
Which of the following laws is designed to allow the paramedic who has been potentially exposed to an infectious disease access to the medical records of the patient to whom the paramedic was exposed? A. The Ryan White CARE Act B. EMTALA C. HIPAA D. Good Samaritan laws
A. The Ryan White CARE Act
Which of the following is true regarding governmental immunity for EMS providers? A. This does not protect a large population of EMS providers. B. This protects all EMS providers. C. This protects most EMS providers. D. This does not protect any EMS providers.
A. This does not protect a large population of EMS providers.
EMS providers are protected from racial discrimination in the workplace by what specific federal law? A. Title VII B. Civil Rights Act of 1964 C. Ryan White Care Act D. FMLA
A. Title VII
You and your partner have arrived on the scene of a person injured as a result of a gunshot wound during a burglary. A rescue engine is also on the scene with four additional EMS providers. Which of the following would be considered proper action with regard to this scene? A. Upon approval by law enforcement, enter the scene only with your partner until you can determine if additional personnel are needed to care for the patient. B. If the patient is clearly dead from an extensive gunshot wound to the head, enter the scene and confirm death by checking the carotid pulse. C. Enter and leave the crime scene by different paths, if possible. D. Upon approval by law enforcement, enter the scene with your partner and the engine crew and remove the patient from the scene as quickly as possible.
A. Upon approval by law enforcement, enter the scene only with your partner until you can determine if additional personnel are needed to care for the patient.
The specific regulations that address employee/employer relationships are known as: A. employment laws. B. civil laws. C. constitutional laws. D. statutory laws.
A. employment laws.
A poorly written report may: A. encourage a plaintiff to sue. B. decrease your liability. C. be rewritten later if needed. D. discourage a plaintiff to sue.
A. encourage a plaintiff to sue.
All of the following are matters of civil law, EXCEPT: A. homicide. B. negligence. C. marriage. D. malpractice.
A. homicide.
A paramedic may treat an unconscious diabetic patient by relying on: A. implied consent. B. primum non nocere. C. informed consent. D. res ipsa loquitur.
A. implied consent.
A tort case involving a paramedic's care will likely take place: A. in state court. B. with a mediator. C. in federal court. D. in appeals court.
A. in state court.
Legal responsibility for a situation is known as A. liability. B. negligence. C. res ipsa loquitur. D. primum non nocere.
A. liability.
Your cardiac arrest patient has a valid DNR. You should: A. make every effort to honor the DNR. B. perform CPR, but no advanced skills. C. ignore the DNR and begin resuscitation. D. transport the patient, but do not initiate treatment.
A. make every effort to honor the DNR.
The paramedic needs to start a dopamine infusion on a patient who is bradycardic and hypotensive. If this is not part of his written standing orders, who will he have to contact for permission? A. medical direction B. the patient's physician C. the charge RN at the ED D. the EMS supervisor
A. medical direction
To avoid committing abandonment, you should: A. never leave the patient unattended. B. only transfer care to a physician. C. transport the patient as quickly as possible. D. leave a written record with the patient if you have to leave.
A. never leave the patient unattended.
Considering HIPAA, which of the following situations describes when the paramedic is not allowed to share protected health information? A. The patient consents, in writing, for his information to be released to a third party. B. A family member pulls you aside at the scene and asks what is going on with the patient. C. The information is required for billing purposes. D. There is a court order compelling the release of information.
B. A family member pulls you aside at the scene and asks what is going on with the patient.
Which of the following is NOT a valid reason for releasing confidential patient information? A. A judge signs a court order requesting the information. B. A newspaper reporter promises not to reveal his source. C. The patient's insurance company needs the information for filing and reimbursement purposes. D. The patient's other medical care providers have a need to know.
B. A newspaper reporter promises not to reveal his source.
Which of the following is best described as the unlawful touching of another individual without the individual's consent? A. Negligence B. Battery C. Malpractice D. Assault
B. Battery
Paramedic Davis and his partner, EMT-I Smothers, are eating lunch in the hospital cafeteria and discussing the details of a call they ran last week on well-known news anchor Adam Best. Unbeknownst to Davis and Smothers, Mr. Best's co-anchor is sitting directly behind them listening to the details. Which of the following best describes the actions of Davis and Smothers? A. Slander B. Breach of confidentiality C. Libel D. Negligence
B. Breach of confidentiality
Which of the following is not a factor affecting competency? A. Alcohol B. Distrust of doctors C. Shock D. Hypoxia
B. Distrust of doctors
Which of the following is the best way to protect yourself from legal action? A. Contacting medical direction on every call. B. Excellent documentation. C. Never allow a patient to refuse treatment. D. Provide ALS level care for every patient.
B. Excellent documentation.
What is the best way to avoid violating boundary issues as an EMS provider? A. Let others make difficult decisions. B. Follow a strict code of professional ethics. C. Contact medical direction for all important decisions. D. Always do what the patient wants.
B. Follow a strict code of professional ethics.
What is the paramedic's duty at a crime scene? A. Moving evidence that is close to the patient B. Properly treating the patient C. Helping law enforcement investigate the crime D. Immediately assessing the patient upon arrival
B. Properly treating the patient
You have responded to a physician's office for a terminal cancer patient in cardiac arrest. The physician says, "This is a chemical code only. Just give the meds, but don't intubate or do CPR." Which of the following should you do? A. Comply with her orders on the scene to avoid a confrontation, but initiate appropriate care once you are in the back of the ambulance. B. Tell the physician you are bound to treat the patient according to protocol. If the physician would like you to do something different, she must take complete responsibility for patient care. C. Tell the physician you cannot comply with her orders under any circumstances, and then file a report with the state medical licensing board about her negligence in this case. D. Because this is the patient's personal physician, you must comply with her orders.
B. Tell the physician you are bound to treat the patient according to protocol. If the physician would like you to do something different, she must take complete responsibility for patient care.
Which of the following is NOT one of the common elements of Good Samaritan laws offering protection to people who assist at scenes of medical emergencies? A. The person acted in good faith. B. The person attempted to contact qualified emergency personnel. C. The person accepted no payment for his services. D. The person was not grossly negligent.
B. The person attempted to contact qualified emergency personnel.
In most states, what two actions must accompany each other to assure safe driving practices while responding to an emergency? A. Use of wiper blades and headlights if it is raining B. Use of emergency lights and sirens C. Use of headlights and sirens if driving at night D. Use of seat belts and a "spotter" in the passenger seat while traveling to an emergency
B. Use of emergency lights and sirens
If you are sued for negligence, when would you first discover how much money the plaintiff is seeking? A. When a settlement is accepted B. When the complaint is filed C. Following a decision from the court D. Following the discovery phase
B. When the complaint is filed
When a patient care report is found to be incomplete or inaccurate, the paramedic should: A. file a completely new report with the correct information. B. add a dated and signed written amendment to the original report. C. erase or white out the incorrect information and write in the correct facts. D. cross out the incorrect information so that it cannot be read and add the correct information to the bottom of the report, dating and signing it.
B. add a dated and signed written amendment to the original report.
To be talked out of following your principles is known as: A. deceptive behavior. B. being seduced. C. expanding critical thinking. D. being brainwashed.
B. being seduced.
A DNR applies specifically to: A. hospice care. B. cardiac arrest situations. C. advanced resuscitative measures. D. respiratory distress.
B. cardiac arrest situations.
You are called to the scene of a robbery, and you find that the robber has been severely injured. You decide to focus your care on the less severely injured victims rather than the robber. Because adequate care was not rendered immediately, the robber had to have his left arm amputated. The robber could sue you based on: A. the Good Samaritan law. B. civil rights. C. contributory negligence. D. the borrowed servant doctrine.
B. civil rights.
Gravitational pooling of blood is known as: A. mottling. B. dependent lividity. C. morbidity. D. decomposition.
B. dependent lividity.
The type of consent that must be obtained from a conscious, competent adult patient before a paramedic can begin treatment is called ________ consent. A. implied B. informed C. ex officio D. voluntary
B. informed
If you are liable for something that happens to a patient you are caring for, this means you are: A. guilty of a civil offense. B. legally responsible. C. accused of a criminal charge. D. immune from any court action.
B. legally responsible.
There are ethical and societal limits to the interactions between paramedics or other health care personnel and the patients they serve. These are called: A. scope of practice. B. professional boundaries. C. standard of care. D. employment laws.
B. professional boundaries.
Using the minimum force necessary to protect the patient is known as: A. excessive force. B. reasonable force. C. defensive tactics. D. emergency doctrine.
B. reasonable force.
When faced with unruly or violent patients who pose threats to themselves, paramedics, or others, the paramedic may control the patients by using: A. handcuffs. B. reasonable physical force. C. a taser. D. pepper spray.
B. reasonable physical force.
The duties and skills paramedics are allowed and expected to perform while carrying out their jobs are called the: A. National Standard Curriculum. B. scope of practice. C. standing orders. D. treatment guidelines
B. scope of practice.
Your emotions and value judgments: A. are required fields on most patient care reports. B. should be left out of the patient care report. C. are part of the narrative portion of the patient care report. D. are necessary to paint an accurate picture of the call.
B. should be left out of the patient care report.
A civil wrong committed by one individual against another is a: A. felony. B. tort. C. misdemeanor. D. breach of duty.
B. tort.
You are caring for a patient who was stabbed. During your assessment, you find a small knife impaled in one of the stab wounds. You should: A. stabilize the knife in place and transport the patient. B. treat the wound as usual, but notify police that you must transport the weapon with the patient. C. have a police officer remove the knife before you transport. D. remove the knife and place it in an evidence bag.
B. treat the wound as usual, but notify police that you must transport the weapon with the patient.
Generally, a patient under age 18 can be considered an emancipated minor in all of the following situations EXCEPT when the patient is a: A. 16-year-old female who is the parent of a 1-year-old child. B. 16-year-old living in foster care. C. 16-year-old female who is pregnant. D. 17-year-old who is in the military.
B. 16-year-old living in foster care.
EMT-P Smith came to work feeling very tired and decided to nap before doing his equipment and vehicle checklist. After about 45 minutes the tones went off, and EMT-P Smith and his EMT-B partner, Jones, were dispatched for a seizure. The patient was still actively seizing when they arrived at the scene. Smith discovered that the previous shift had used all the Valium and failed to replace it. As a result Smith could administer no medication to stop the seizure. Ultimately, the patient stopped seizing and suffered no apparent adverse consequences. Which of the following elements to establish negligence is missing in this case? A. Duty to act B. Breach of duty C. Actual damages D. Consent
C. Actual damages
Which of the following skills is most likely to result in litigation against a paramedic? A. ECG monitoring B. CPR C. Advanced airway procedures D. Establishing a peripheral IV
C. Advanced airway procedures
How can you reduce your risk of libel when writing a patient encounter form? A. Include the statement "in my opinion." B. Do not sign the encounter form. C. Avoid using derogatory terms. D. Include value-laden opinions.
C. Avoid using derogatory terms.
Which of the four primary sources of law is based on the U.S. Constitution? A. Common law B. Statutory law C. Constitutional law D. Regulatory law
C. Constitutional law
You receive a call for someone who has fallen off a roof. When you arrive, you note that you are at a college campus. People are gathered around the patient on the ground, and more people are standing on the top of the roof. You suspect this may be a crime scene. What is the first step you should take? A. Ask bystanders what happened B. Radio for another ambulance C. Contact law enforcement D. Assess the patient
C. Contact law enforcement
A document that is signed by a physician and that outlines the life-sustaining measures that may or may not be taken when a patient's heart and respiratory functions have ceased is a: A. living will. B. statement of last rites. C. DNR order. D. power of attorney.
C. DNR order.
Which of the following is NOT a component of a civil suit? A. Investigation B. Discovery C. Imprisonment D. Incident
C. Imprisonment
Which of the following is true regarding defamation? A. It refers to written statements only. B. It does not apply to any EMS communication. C. It can be written or verbal. D. It applies to verbal statements only.
C. It can be written or verbal.
Which of the following is not necessary when attempting to prove negligence? A. Breach of duty B. Duty to act C. Malice D. Damages occurred
C. Malice
Good Samaritan laws generally apply in which of the following situations? A. Paid, on-duty personnel responding to emergencies B. Emergency care personnel who commit gross negligence C. Personnel responding to an emergency off-duty D. Government employees
C. Personnel responding to an emergency off-duty
What type of law would the Occupational Safety and Health Administration (OSHA) enact? A. Common B. Constitutional C. Regulatory D. Statutory
C. Regulatory
Who answers the filing of a civil lawsuit? A. The plaintiff B. The medical director C. The defendant D. The injured party
C. The defendant
Your patient is refusing treatment and transport. You are attempting to assess your patient's competency. Which of the following is true? A. Level of consciousness is the absolute test for competency. B. Competency can only be determined by medical direction. C. There is no absolute test for competency. D. Any conscious patient over 18 years of age can refuse treatment.
C. There is no absolute test for competency.
Under which of the following circumstances would it be appropriate to share personally identifiable information about a patient's medical condition? A. When lecturing to a group of EMT students B. When talking to anyone who would be unlikely to know or be related to the patient C. When giving a hand-off report to a nurse at the receiving hospital D. When asked over the phone by an attorney who says he is representing the patient
C. When giving a hand-off report to a nurse at the receiving hospital
You are told you will be deposed regarding a claim of negligence. This likely involves: A. a statutory case. B. a criminal case. C. a tort case. D. a regulatory case.
C. a tort case.
Most of the laws that OSHA can use to enact regulations and statutes are ________ laws. A. common B. legislative C. administrative D. constitutional
C. administrative
OSHA's development of requirements to be followed at hazardous materials emergencies is an example of ________ law. A. legislative B. constitutional C. administrative D. common
C. administrative
In civil law, the person against whom charges are filed for accused wrongdoing is known as the: A. perpetrator. B. plaintiff. C. defendant. D. criminal.
C. defendant.
Protecting those at risk is an example of a paramedic's ________ duty. A. legal B. moral C. ethical D. medicaldash-legal
C. ethical
A paramedic who transports patients without their consent or other legal authority would most likely be subject to charges of: A. negligence. B. defamation. C. false imprisonment. D. abandonment.
C. false imprisonment.
If you transport a patient without consent or proper justification, you are likely guilty of: A. reasonable force. B. emergency doctrine. C. false imprisonment. D. overtreatment.
C. false imprisonment.
With regard to scope of practice, a paramedic may perform any care that is: A. ordered by on-line medical direction, even if it is not defined as a permitted act by the state in which he is licensed. B. described in the National EMS Scope of Practice Model published by the National Highway Transportation Safety Administration. C. legally permitted at his level of licensure by the state in which he is licensed and allowed by his medical director. D. authorized by his service medical director to perform, even if it is not defined as a permitted act in the state in which he is licensed.
C. legally permitted at his level of licensure by the state in which he is licensed and allowed by his medical director
Injuring a person's name or character through false written statements is known as: A. perjury. B. misfeasance. C. slander. D. libel.
C. slander..
The paramedic's level and quality of service expected on every call based on what would be expected under like circumstances by a similarly trained, reasonable paramedic in the same community is the: A. Good Samaritan law. B. protocol. C. standard of care. D. scope of practice.
C. standard of care.
Your state senate has passed laws regarding what municipal EMS providers are required to do in the event of a catastrophic emergency. This is an example of: A. civil law. B. common law. C. statutory law. D. regulatory law.
C. statutory law.
The complaint in a civil case includes: A. a response from the defendant. B. the witnesses. C. the legal basis for the claim. D. a proposed settlement.
C. the legal basis for the claim.
You have arrived on scene for a 19-year-old female who has a deep, bleeding laceration on her left forearm. The patient refuses treatment but her mother insists that you transport her to the hospital, claiming the wound was self-inflicted and that the patient has a history of suicide attempts. Would you restrain this patient and transport her to the emergency department? A. Yes, because the patient's mother gave consent to provide treatment and transport. B. Yes, the patient is a clear danger to herself and should be transported. C. No, based on the information provided this could lead to assault, battery, and false imprisonment charges. D. No, because this is a situation for law enforcement to handle, not EMS.
C. No, based on the information provided this could lead to assault, battery, and false imprisonment charges.
Which source of law protects people from governmental abuse? A. Regulatory law B. Common law C. Statutory law D. Constitutional law
D. Constitutional law
Which of the following may help a paramedic accused of negligence? A. A breach of duty B. A duty to act C. Poor training D. Contributory negligence
D. Contributory negligence
Which of the following is an indication of obvious biological death? A. Cardiac arrest B. Mottling C. Apnea D. Decomposition
D. Decomposition
For an EMS provider, which of the following is a common defense to an accusation of negligence? A. Lack of continuing education B. Low call volume C. Poor training D. Good Samaritan law
D. Good Samaritan law
Which of the following is an example of good documentation? A. Vital information is kept secret between you and your partner. B. You use as many abbreviations as possible. C. It is done prior to patient care. D. It is thorough.
D. It is thorough.
Which of the following is the BEST approach for a competent patient who is refusing treatment and transport? A. Tell the patient he will die if he refuses. B. Advise the patient that the medical director has final authority. C. Have the patient sign a refusal form. D. Make multiple attempts to change the patient's mind.
D. Make multiple attempts to change the patient's mind.
What should a paramedic have that helps provide legal counsel in the event of a lawsuit? A. Common sense B. Medical direction consultation C. Adequate documentation D. Medical liability insurance
D. Medical liability insurance
_____________ often occurs in patients who have used CNS depressants and results from the patient being in a physical position that interferes with his airway or with ventilation. A. Res ipsa loquitur B. Defamation C. Excited delirium D. Restraint asphyxia
D. Restraint asphyxia
Which of the following is true in the event that off-duty paramedics provide advanced life-support interventions at an emergency scene? A. It is permissible as long as they have valid certification or licensure in that state. B. They will be granted immunity from negligence as long as they follow the standard of care. C. They are protected by Good Samaritan laws in all states. D. They may be charged with practicing medicine without a license.
D. They may be charged with practicing medicine without a license.
DNR orders, durable powers of attorney, and living wills are forms of: A. standards of care. B. medical orders. C. protocols. D. advance directives.
D. advance directives.
The settlement component of a lawsuit takes place: A. at any time prior to the appeal. B. only after the trial. C. only before the trial. D. at any time.
D. at any time.
Malfeasance, misfeasance, and nonfeasance are three types of: A. criminal acts. B. negligence. C. aggravated assault. D. breach of duty.
D. breach of duty.
If you have in your possession a certificate issued to you by the National Registry of EMTs after you have passed your test, this means that according to the NREMT, you are: A. accredited. B. licensed. C. registered. D. certified.
D. certified.
Being fatigued, seduced, or unprepared are examples of boundary: A. incompetence. B. occurrences. C. negligence. D. danger zones.
D. danger zones.
An intentionally false communication that injures another person's reputation is: A. liability. B. propaganda. C. battery. D. defamation.
D. defamation.
When a paramedic treats an unconscious patient, the provision of treatment is based on ________ consent. A. primum non nocere B. res ipsa loquitur C. expressed D. implied.
D. implied.
The plaintiff in a civil lawsuit: A. decides the outcome of the lawsuit. B. responds to the lawsuit. C. does not have the burden of proof. D. initiates the lawsuit.
D. initiates the lawsuit.
The granting of permission by a governmental body for a qualified individual to engage in a particular profession or occupation is known as: A. certification. B. reciprocity. C. registration. D. licensure.
D. licensure.
Fatigue often leads to: A. greater stamina. B. improved critical thinking. C. faster response times. D. medication errors.
D. medication errors.
Typically, the burden of proof of negligence rests with the: A. defendant. B. respondent. C. prosecutor. D. plaintiff.
D. plaintiff.
An action or inaction by a paramedic that causes or worsens damages suffered by a patient is called the ________ of the damages. A. precipitating agent B. potential agent C. primary cause D. proximate cause
D. proximate cause
Components of a negligence claim must include: A. observable injury. B. expert witnesses. C. witness statements. D. proximate cause.
D. proximate cause.
You are caring for a patient in her residence. A family member arrives and tells you he is a physician and wants a report on the patient's history and condition. You should: A. direct the family member to leave the scene. B. ask the family member to show you his credentials. C. provide the family member with a full report. D. tell the family member you are not able to share that information.
D. tell the family member you are not able to share that information.
Your patient needs ALS care and transport to the hospital. He agrees to be transported, but refuses an IV. You should: A. have the patient sign a refusal form. B. tell the patient you will start an IV. C. let the patient know you will not transport him without an IV. D. transport the patient without an IV.
D. transport the patient without an IV.
After you have submitted your patient care report, you remember something important that should have been included. You should: A. take no action, as it increases the risk of liability. B. modify the patient care report. C. ask your medical director to discard the original. D. write an addendum.
D. write an addendum.
