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Lecture Mosby's paramedic textbook (4th ed) - Chapter 6: Medical legal issues

In this chapter you will learn about the following: Describe the basic structure of the legal system in the United States, relate how laws affect the paramedic’s practice, list situations that a paramedic is legally required to report in most states, describe the four elements involved in a claim of negligence, describe measures paramedics may take to protect themselves from claims of negligence. | 9/10/2012 1 Chapter 6 Medical Legal Issues 2 Lesson 6.1 Legal System 3 Copyright © 2013 by Jones & Bartlett Learning, LLC, an Ascend Learning Company 1 9/10/2012 Learning Objectives • Describe the basic structure of the legal system in the United States. • Relate how laws affect the paramedic’s practice. • List situations that a paramedic is legally required to report in most states. 4 Legal Duties • Paramedics have legal duties to: – Patient – Employer – Medical director – Public • Defined by statutes, regulations based on commonly accepted standards 5 Legal Duties • Ethical responsibilities Responding with respect to physical, emotional needs Maintaining mastery of skills Participating in continuing education/refresher training Critically reviewing performance, seeking improvement Reporting honestly Working cooperatively with respect for other personnel, professionals – Staying current with new concepts, modalities – – – – – – 6 Copyright © 2013 by Jones & Bartlett Learning, LLC, an Ascend Learning Company 2 9/10/2012 Legal Duties • Failing to perform EMS duties properly can result in civil, criminal liability • Best legal protection is providing appropriate assessment, care with correct, full written documentation 7 Types of Law • Legislative law – City councils – District boards – General assemblies – Congress – Power defined by statutes, state constitutions, U.S. Constitution 8 Types of Law • Administrative law – Regulations developed by governmental agency to provide details about function, process of law – Examinations – License – Maintenance of records – Regulatory agencies hold disciplinary hearings on revocation, suspension of licenses – EMS bureau 9 Copyright © 2013 by Jones & Bartlett Learning, LLC, an Ascend Learning Company 3 9/10/2012 Types of Law • Case or judge‐made law – Derived from societal acceptance of customs of behavior – Based on state, federal judge decisions – .