Deck 6: The Law and Ems

Question 1

The intention of an advanced directive is to give the patient control over her own body and to provide guidance to others on how to proceed with healthcare decisions.

Answer 1

True

Question 2

Good Samaritan laws provide immunity (exemption from being sued) from lawsuits.

Answer 2

False

Question 3

Paramedics have a duty to respond to medical emergencies when off-duty.

Answer 3

False

Question 4

Patients in life threatening situations do not have a right to refuse care.

Question 5

When a violation of a departmental regulation occurs, the department (the petitioner) brings charges against the alleged wrongdoer (the respondent).

Question 6

During an affidavit, the Paramedic swears to an oath and then the plaintiff 's attorney asks questions while a stenographer takes minutes of the proceedings.

Question 7

Libel and slander involve the telling of an un-truth.

Question 8

Battery is a threat of violence.

Question 9

Public trust involves an understanding between the patient and the Paramedic that the patient will be treated with dignity and respect in the same manner a physician would treat the patient.

Question 10

Neither libel nor slander is actionable in a court of law.

Question 11

There are no circumstances that a patient's confidentiality can be broken by a physician.

Question 12

The statute of limitations is handled differently in the case of a child.

Question 13

When a king no longer issued edicts, democracy required a new means of establishing public policy.

Question 14

Disclosure is an open dialogue between patient and provider in which the provider tells the patient about the procedure, including its attendant risks, and recommends the procedure to the patient.

Question 15

A breach of duty occurs when a Paramedic fails to perform patient care in conformance with the standard of care.

Question 16

The patient must have the legal capacity to understand what is being offered.

Question 17

In the majority of states, a mother must be over the age of 17 to be treated as an adult.

Question 18

A breach of confidentiality is generally either libel or slander.

Question 19

Compensatory damages are akin to a civil fine that is intended as a punishment for egregious conduct or to send a message to others so as to deter such conduct by others in the future.

Question 20

HIPAA restricts the distribution of confidential patient information to only those with a legitimate interest.

Question 21

____ is a restriction of movement or a confinement that abridges the patient's right to freedom, such as by the use of restraints.

A) Defamation
B) Perjury
C) False imprisonment
D) Slander

Question 22

Under HIPAA, the ____ is responsible for patient record security, record security awareness training of all employees, as well as implementing a privacy protection plan within the agency.

A) privacy officer
B) security officer
C) risk officer
D) chief operating officer

Question 23

The ____ provides for criminal penalties for inappropriate disclosure of patient information.

A) CDC
B) AMA
C) FLSA
D) HIPAA

Question 24

Without a king to issue edits, duly elected legislators representing the people of a particular area of the governing state created new laws, called ____.

A) statutes
B) stipulations
C) bills
D) regulations

Question 25

In the case where the patient can consent, and yet still refuses care, the Paramedic needs to carefully proceed with a ____.

A) refusal of medical assistance
B) refusal of due care
C) alternate medical directive
D) declaration of advisement

Question 26

The ____, the title for the person who has a DPAHC, has a responsibility to review the medical record, to consult with healthcare providers, and to give consent to either initiate or to refuse care.

A) healthcare surrogate
B) guardian ad litem
C) healthcare pro tem
D) healthcare proxy

Question 27

A ____ is a civil or private wrongful act, other than a breach of contract, resulting in some type of injury or harm (not necessarily physical injury).

A) tort
B) failure
C) crime
D) penalty

Question 28

____ occurs when a falsehood which is damaging to a person's reputation is written or printed and then disseminated to the public.

A) Slander
B) Libel
C) Defamation
D) Assault

Question 29

Over time, a considerable number of judicial cases have been documented and become ____.

A) standards
B) common law
C) statutes
D) case law

Question 30

As a part of the pretrial investigation, the Paramedic may be requested to give a sworn written statement, called a(n) ____, which attests to facts involving the case.

A) tort
B) proclamation
C) confirmation
D) affidavit

Question 31

If a surrogate decision maker knows the patient's wishes, then, in certain situations, the surrogate makes the decision in a process called ____.

A) substituted consent
B) implied consent
C) substituted judgment
D) presumptive judgment

Question 32

The ____ requires that employers with more than 50 employees provide their employees 12 weeks of unpaid leave for purpose of childrearing.

A) Family and Medical Labor Act
B) Family and Medical Leave Act
C) Family Leave and Care Act
D) Fair Labor Standards Act

Question 33

____ occurs when defamatory lies about a person are told to others.

A) Slander
B) Libel
C) Perjury
D) Assault

Question 34

____, written declarations of patient intent during specific circumstances, are designed to provide guidance when a patient is threatened with an existence in a persistent vegetative state or afflicted with a terminal illness.

A) Written directives
B) Staged directives
C) Advanced directives
D) Advanced commands

Question 35

Any reported violation of a regulation needs to be investigated and then determined, or adjudicated, in a court having authority (i.e., ____).

A) influence
B) rule
C) jurisdiction
D) command

Question 36

Sometimes during a restraint a patient will become so agitated and combative that he will enter a state of ____.

A) hypnotic trauma
B) excited delirium
C) severe depression
D) hyperventilation

Question 37

The ____ establishes that reasonable accommodations must be made, whenever possible, which would permit the disabled person to function.

A) FLSA
B) CDC
C) ADA
D) AMA

Question 38

In general, the patient must be of legal age (i.e., the age of ____) in order to consent.

A) majority
B) minority
C) perjury
D) consent

Question 39

When a patient is unconscious and unable to speak for himself, then Paramedics can treat the patient under the doctrine of ____.

A) silent consent
B) implied consent
C) medical consent
D) deferred consent

Question 40

One of the purposes of ____ was to replace personal vendettas and blood feuds between groups of people with a general condemnation of an act by a sympathetic public.

A) civil law
B) criminal law
C) common law
D) international law

Question 41

A(n) ____________________ of care is that care and treatment that another Paramedic with the same or similar training would have rendered in the same or a similar situation.

Question 42

A(n) ____________________ is a request for the appellate court to change the decision issued by the trial level court.

Question 43

A(n) ____________________ has some very unique capabilities which permit it to provide the highest level of care for certain traumatic injuries.

Question 44

The tasks described in a(n) ____________________ job description are those that are needed to perform the function and exclude rare or marginal job functions.

Question 45

____________________ is a failure of the Paramedic to exercise the degree of care that a prudent person would exercise.

Question 46

There is general agreement that the provision of pain medication, for the purpose of ____________________ care, is life-sustaining and therefore acceptable.

Question 47

____________________ is a special privilege which, as used in the civil law, means that the person or entity with immunity is exempt or cannot be sued or held responsible for torts.

Question 48

Every state, as well as the federal government, has civil courts to provide for resolution of disputes involving ____________________.

Question 49

____________________, while not being statutory law, carry the same force as law.

Question 50

The concept of ____________________ means that a Paramedic should only provide confidential patient information to those who have a need to know, and then only to the extent that is needed.