Medical/Legal Aspects of EMS

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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


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