Legal and Ethical Principles
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ABANDONMENT:

WHEN CARE IS DISCONTINUED WITHOUT THE PATIENT’S CONSENT AND WITHOUT ENSURING THAT CARE IS CONTINUED AT THE SAME OR HIGHER LEVEL

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ADVANCE DIRECTIVE:

A DOCUMENT THAT ALLOWS A PATIENT TO DEFINE IN ADVANCE WHAT HIS WISHES ARE SHOULD HE BECOME INCAPACITATED DUE TO A MEDICAL ILLNESS OR SEVERE INJURY

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ADVANCED DIRECTIVE:

A WRITTEN DOCUMENT SOME PATIENTS USE TO STATE WHAT CARE THEY WANT TO RECEIVE OR REFUSE SHOULD THEY BECOME UNABLE TO EXPRESS THEIR WISHES IN THE FUTURE

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ASSAULT:

OCCURS WHEN SOMEONE THREATENS OR ATTEMPTS OFFENSIVE PHYSICAL CONTACT WITH ANOTHER PERSON OR MAKES A PERSON FEAR SUCH CONTACT

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BATTERY:

OCCURS WHEN A PERSON IS TOUCHED OFFENSIVELY WITHOUT CONSENT; UNLAWFUL PHYSICAL CONTACT

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BREACH OF DUTY:

A VIOLATION OF THE BASIC DUTY TO ACT; FAILURE TO PROVIDE CARE TO AN ACCEPTABLE STANDARD.

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CIVIL LAW (TORT):

A BODY OF LAW THAT ADDRESSES AND PROVIDES REMEDIES FOR CIVIL WRONGS NOT ARISING OUT OF CONTRACTUAL OBLIGATIONS.

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COMPETENCE:

THE QUALITY OF BEING ADEQUATELY OR WELL QUALIFIED TO MAKE DECISIONS BOTH PHYSICALLY AND INTELLECTUALLY

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COMPETENT:

PROPERLY OR SUFFICIENTLY QUALIFIED OR CAPABLE OF MAKING APPROPRIATE DECISIONS ABOUT ONE'S OWN HEALTH OR CONDITION

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CONFIDENTIALITY:

REFERS TO THE TREATMENT OF INFORMATION THAT AN INDIVIDUAL HAS DISCLOSED IN A RELATIONSHIP OF TRUST AND WITH THE EXPECTATION THAT IT WILL NOT BE DIVULGED TO OTHERS.

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CONSENT:

THE LEGAL TERM THAT MEANS TO GIVE FORMAL PERMISSION FOR SOMETHING TO HAPPEN

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CRIMINAL LAW:

THE BODY OF LAW DEALING WITH CRIMES AND PUNISHMENT

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DEFAMATION:

FALSE COMMUNICATION THAT INJURES ANOTHER PERSON’S REPUTATION

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DUTY TO ACT:

EMTS LEGAL RESPONSIBILITY TO PROVIDE EMERGENCY MEDICAL CARE WHEN CALLED UPON OR PRESENTED WITH THE OPPORTUNITY TO DO SO; A REQUIREMENT THE EMR'S IN THE POLICE AND FIRE SERVICE, AT LEAST WHILE ON DUTY, MUST PROVIDE CARE ACCORDING TO THEIR DEPARTMENTS STANDARD OPERATING PROCEDURES.

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DUTY:

THE LEGAL OBLIGATION TO PROVIDE CARE.

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EMANCIPATED MINOR:

A MINOR WHOSE PARENTS HAVE ENTIRELY SURRENDERED THE RIGHT TO THE CARE, CUSTODY, AND EARNINGS AND NO LONGER ARE UNDER ANY DUTY TO SUPPORT THE MINOR

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EMD:

A MEMBER OF THE EMS SYSTEM WHO PROVIDES PREARRIVAL INSTRUCTIONS TO CALLERS, THEREBY HELPING TO INITIATE LIFESAVING CARE BEFORE EMS PERSONNEL ARRIVE

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ETHICS:

THE STUDY OF THE PRINCIPLES THAT DEFINE BEHAVIOR AS RIGHT, GOOD, AND PROPER.

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EXAMPLES OF ADVANCED DIRECTIVES:

LIVING WILLS, DURABLE POWER OF ATTORNEY, DO NOT RESUSCITATE ORDER

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EXPRESSED CONSENT:

THE PATIENT DIRECTLY AGREES TO ACCEPT TREATMENT; A COMPETENT ADULTS INFORMED DECISION TO ACCEPT EMERGENCY CARE PROVIDED BY AN EMR.

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FOUR CRITERIA FOR NEGLIGENCE TO BE PROVEN:

THERE WAS A DUTY TO ACT, THERE WAS A BREACH OF DUTY, DAMAGE OCCURRED, THERE WAS PROXIMATE CAUSE

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GOOD SAMARITAN LAW:

PROTECTS A PERSON WHO IS NOT BEING PAID FOR HIS SERVICES FROM LIABILITY FOR ACTS PERFORMED IN GOOD FAITH, UNLESS THOSE ACTS CONSTITUTE GROSS NEGLIGENCE

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HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA):

A LAW THAT DICTATES THE EXTENT TO WHICH PROTECTED HEALTH INFORMATION CAN BE SHARED.

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HIPAA STANDS FOR:

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT

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IMPLIED CONSENT:

ASSUMES THAT ALL RESPONSIVE AND RATIONAL PATIENTS SUFFERING FROM AN IMMEDIATELY LIFE-THREATENING OR DISABLING INJURY WOULD WANT TO RECEIVE TREATMENT AND WOULD EXPRESS CONSENT IF THEY COULD; THE LEGAL POSITION THAT ASSUMED THAT AN UNRESPONSIVE OR INCOMPETENT ADULT PATIENT WOULD CONSENT TO RECEIVING EMERGENCY CARE IF HE COULD. THIS FORM OF CONSENT MAY APPLY TO OTHER PATIENTS.

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INFORMED CONSENT:

A COMPETENT ADULTS INFORMED DECISION TO ACCEPT EMERGENCY CARE PROVIDED BY AN EMR.

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LIBEL:

DEFAMING THROUGH WRITING OR MASS MEDIA WITH MALICIOUS INTENT OR RECKLESS DISREGARD

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MANDATED REPORTER:

PROFESSIONALS WHO, IN THE ORDINARY COURSE OF THEIR WORK, ARE REQUIRED TO REPORT WHENEVER FINANCIAL, PHYSICAL, SEXUAL, OR OTHER TYPES OF ABUSE OR NEGLECT HAVE BEEN OBSERVED OR ARE SUSPECTED.

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MINOR CONSENT:

PERMISSION OBTAINED FROM A RESPONSIBLE ADULT FOR A MINOR CHILD OR INCAPACITATED ADULT

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NATIONAL EMS EDUCATION STANDARDS:

THE EDUCATION AND TRAINING STANDARDS DEVELOPED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) FOR ALL LEVELS OF EMS TRAINING

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NEGLIGENCE:

OCCURS WHEN A PATIENT SUFFERS DAMAGE OR INJURY BECAUSE AN EMT FAILS TO PERFORM AT THE ACCEPTED STANDARD OF CARE

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NEGLIGENCE:

A FAILURE TO PROVIDE THE EXPECTED STANDARD OF CARE.

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PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT (POLST):

DIRECTIVES TO IDENTIFY DESIRED LEVEL OF LIFE-SUSTAINING TREATMENT IN PATIENTS WITH TERMINAL OR LIFE-THREATENING ILLNESS

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PROXIMATE CAUSE:

WHEN DEVIATION FROM AN ACCEPTED STANDARD OF CARE RESULTS IN FURTHER INJURY TO THE PATIENT

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RESEARCH:

THE SYSTEMATIC INVESTIGATION TO ESTABLISH FACTS.

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SCOPE OF PRACTICE MODEL:

THE NATIONAL MODEL THAT DEFINES THE SCOPE OF CARE FOR ALL LEVELS OF EMS TRAINING.

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SCOPE OF PRACTICE:

THE RANGE OF DUTIES AND SKILLS AN EMT IS ALLOWED AND OBLIGATED TO PERFORM WHEN NECESSARY

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SLANDER:

DEFAMING THROUGH SPOKEN STATEMENTS WITH MALICIOUS INTENT OR RECKLESS DISREGARD

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STANDARD OF CARE:

THE CARE THAT SHOULD BE PROVIDED FOR ANY LEVEL OF TRAINING BASED ON LOCAL LAWS, ADMINISTRATIVE ORDERS, AND GUIDELINES AND PROTOCOLS ESTABLISHED BY THE LOCAL EMS SYSTEM.

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UNRESPONSIVE:

HAVING NO REACTION TO VERBAL OR PAIN FULL STIMULI

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VALUES:

THE PERSONAL BELIEFS THAT DETERMINE HOW A PERSON ACTUALLY BEHAVES

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