An EMS professional must be prepared to make the best medical decisions and the most appropriate legal decisions. EMT’s must be familiar with the legal issues they are likely to encounter in the field.

Legal duties and ethical responsibilities.
EMT’s have specific legal duties to their patients, crews, medical directors, and the public.

In general there are 5 types of law.

Laws affecting EMS and the EMT

Mandatory reporting requirements

Legal protections for the paramedic

Components of a negligence claim

All FOUR must be proven for negligence.

Off-duty EMT

Paramedics have legal and Select one DUTY CAUSATION DO NOT ETHICAL RYAN DAMAGES GOOD SAMARITAN DO BREACH duties to protect their patients’ privacy and treat them with honesty, respect, and compassion.

Confidentiality

Situations allowing release of patient information

Defamation

Consent           

Special consent situations

Minor is usually under age Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME unless they are Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME , legally Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME , Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME , and active Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME .

At any time a competent adult may withdrawal consent at Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME during care.  The patient may choose Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME only with no care or Care only and no Select one MEDICAL COMPETENT SIGN THOROUGHLY MILITARY TRANSPORT INFORMED CARE MARRIED FAMILY PREGNANT 18 EMANCIPATED ANYTIME .

Refusal of service at a minimum requires

Legal complications related to consent

Resuscitation issues. Generally, you are under obligation to begin resuscitative efforts when summoned to the scene of a patient who is unresponsive, pulseless, and apneic. Sometimes, however, you will determine that resuscitation is not indicated.

Select one ADVANCE ABANDONMENT LIVING WILLS IMPRISONMENT ASSAULT BATTERY DO NOT RESUSCITATE directives is a generic term used when a patient expressed their wishes in advance of a medical situation.

Death in the field. Crime and accident scenes. You should be familiar with crime-scene preservation issues, but you must not sacrifice patient care to preserve evidence or to become involved in detective work.

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1. As a paramedic, one of your ethical responsibilities is to treat all patients with Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

2. Your best protection from liability is to be thorough and perform Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC assessments.

3. The area of law in which the federal, state, or local government will prosecute an individual on behalf of society for violating laws meant to protect society is Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC law.

4. Elements of Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC include proof that the EMT was the proximate cause of actual damages to the patient.

5. To show the existence of proximate cause, the plaintiff needs to prove that the Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC to the patient was reasonably foreseeable.

6. The act of injuring a person’s character, name, or reputation by false or malicious statements spoken with malicious intent or reckless disregard for the falsity of those statements is called Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

7. If you respond to a 7-year-old child with a life-threatening injury and no parent or guardian is available, you may still treat the child because of Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC consent.

8. If a competent adult refuses care, you should Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC the situation thoroughly.

9. The termination of the paramedic-patient relationship without assurance that an equal or greater level of care will continue is termed Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

10. A paramedic who starts an IV on a patient who does not consent to such treatment may be sued for Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

11. During transport of a patient to a health care facility, the level of care the patient receives must (may) be at least the Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC level of care received at the scene.

12. A document created to ensure that certain treatment choices are honored when a patient is unconscious or otherwise unable to express his choice of treatment is called a(n) Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC directive.

13. If you have any doubt about whether a Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC order is valid, you should initiate resuscitation efforts.

14. Which type of form gives instruction to withhold CPR. Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC

15. When you are treating a patient at a crime scene, your responsibilities include trying not to touch the body at all if the patient has an obvious mortal wound such as decapitation.

16. Regarding documentation the patient report should be completed Select one DAMAGE ADVANCE CRIMINAL DNR ABANDONMENT PROMPTLY IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC   after patient contact.

17. A legal document that allows a person to specify the kinds of medical treatment he wishes to receive should the need arise is called a living will.

1. The best protection from liability is to perform Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC assessment, provide appropriate

Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC care, and maintain accurate and complete Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

2. The paramedic must treat patients and their families with Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC and Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

3. A civil wrong committed by one individual against another is called a(n) Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

4. The law that is derived from society’s acceptance of customs and norms over time is called Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC law.

5. Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC is a process used to regulate occupations.

6. Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC refers to the recognition granted to an individual who has met predetermined qualifications to participate in a certain activity.

7. The range of duties and skills paramedics are allowed and expected to perform is their Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC .

8. You may function as a paramedic only under the Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC supervision of a licensed physician through a delegation of authority.

12. Select one LICENSURE DIRECT RESPECT DOCUMENTATION CERTIFICATION SCOPE OF PRACTICE DAMAGE COMMON TORT ADVANCE COURTESY MEDICAL CRIMINAL DNR ABANDONMENT PROMPTLY PROXIMATE IMPLIED ASSAULT SAME SLANDER DOCUMENT RESPECT NEGLIGENCE SYSTEMATIC cause is the action or inaction of the paramedic that immediately causes or worsens the damage suffered by a patient.

13. Select one INVOLUNTARY EMANCIPATED BATTERY LIBEL COMPETENT is the act of injuring a person’s character, name, or reputation by false or malicious statements written with malicious intent or reckless disregard for the falsity of those statements.

14. If your patient is able to make an informed decision about medical care, he is considered Select one INVOLUNTARY EMANCIPATED BATTERY LIBEL COMPETENT .

15. Consent for treatment granted by the authority of a court order is called Select one INVOLUNTARY EMANCIPATED BATTERY LIBEL COMPETENT consent.

16. A person under the age of 18 years who is married, pregnant, a parent, a member of the armed forces, or financially independent and living away from home is considered a(n) Select one INVOLUNTARY EMANCIPATED BATTERY LIBEL COMPETENT minor.

17. The unlawful touching of another individual without his consent is Select one INVOLUNTARY PATIENT CONTACT EMANCIPATED BATTERY FALSE IMPRISONMENT LIBEL EVIDENCE COMPETENT .

18. Intentional and unjustifiable detention of a person without his consent or other legal authority is called Select one INVOLUNTARY PATIENT CONTACT EMANCIPATED BATTERY FALSE IMPRISONMENT LIBEL EVIDENCE COMPETENT .

19. Preserve Select one INVOLUNTARY PATIENT CONTACT EMANCIPATED BATTERY FALSE IMPRISONMENT LIBEL EVIDENCE COMPETENT at a crime scene whenever possible.

20. A well-documented patient report is completed promptly after Select one INVOLUNTARY PATIENT CONTACT EMANCIPATED BATTERY FALSE IMPRISONMENT LIBEL EVIDENCE COMPETENT

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 1. Termination of the EMT-patient relationship without assurance that an equal or greater level of care will continue.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 2. Consent for treatment that is presumed for a patient who is mentally, physically, or emotionally unable to grant consent.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 3. Range of duties and skills paramedics are allowed and expected to perform.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 4. Legal responsibility.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 5. A breach of duty by failure to perform a required act or duty.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 6. Exemption from legal liability.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 7. An intentional false communication that injures another person’s reputation or good name.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 8. A formal contractual or informal legal obligation to provide care.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 9. The unlawful touching of another individual without his consent.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 10. A civil wrong committed by one individual against another.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 11. A breach of duty by performance of a wrongful or unlawful act.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 12. Provision that gives immunity to certain people who assist at the scene of a medical emergency.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 13. Division of the legal system that deals with wrongs committed against society or its members.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 15. The division of the legal system that deals with noncriminal issues and conflicts between two or more parties.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 16. Deviation from accepted standards of care recognized by law for the protection of others against the unreasonable risk of harm.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 17. The degree of care, skill, and judgment that would be expected under similar circumstances by a similarly trained, reasonable paramedic in the same community.

Select one PROXIMATE CAUSE STANDARD OF CARE CONFIDENTIALITY DEFAMATION NEGLIGENCE DUTY TO ACT IMMUNITY BATTERY GOOD SAMARITAN LAW TORT ASSAULT ABANDONMENT CRIMINAL LAW CIVIL LAW IMPLIED CONSENT SCOPE OF PRACTICE LIABILITY 19. The principle of law that prohibits the release of medical or other personal information about a patient without the patient’s consent.

Think about this:  If an AIDS pt cuts his finger cutting lettuce is it relevant to tell the emergency room that the patient has AIDS?

Think about this: Is pt confidentiality violated by labeling the door to a unit “Alzheimer Unit?”

Think about this: A school nurse calls EMS because a student is having a seizure.  The school nurse gives you a note from the patents that state, “My child has a history of seizures.  Only transport if she does not wake up normally.”

Think about this: A baby sitter calls 911 because the child she is watching is 6 years old and cut her finger with scissors doing a project.  You are getting ready to transport and the parents come home and state that it is against their religion to accept medical care.  What do you do?

Think about this: You respond to a MVC of a 16 year old female who has a head laceration is A&Ox4, 6 months pregnant and refuses care.  What do you do?