Legal and Liability Issues Flashcards

What is 'respondeat superior' and how does it apply to EMD centers?

Answer: A doctrine making employers liable for employees' actions within their scope of employment

Respondeat superior holds the employer (dispatch center) vicariously liable for negligent acts committed by employees acting within their scope of employment.

Which scenario represents a potential abandonment claim against an EMD?

Answer: Placing a caller on hold for 30 seconds during peak volume and never returning

Abandonment occurs when an EMD ends or suspends care obligations without ensuring patient safety or an appropriate handoff, such as leaving a caller on indefinite hold.

A caller consents to receiving pre-arrival medical instructions over the phone. This represents which legal concept?

Answer: Expressed consent

When a caller verbally agrees to receive instructions, this constitutes expressed consent, meaning the caller has directly stated their agreement.

For an unconscious patient, an EMD providing instructions to bystanders to begin CPR is legally justified under which doctrine?

Answer: Implied consent

Implied consent assumes that an unconscious or incapacitated patient would consent to life-saving treatment if they were able to do so.

Which federal law most directly governs how EMD agencies handle confidential caller and patient information?

Answer: HIPAA

HIPAA (Health Insurance Portability and Accountability Act) establishes national standards for protecting the privacy and security of protected health information.

An EMD deviates from an approved protocol during a cardiac arrest call. The best immediate action by a QI supervisor is to:

Answer: Conduct a call review and document the deviation for corrective action

Protocol deviations must be reviewed and documented through the quality improvement process to provide corrective education and prevent future liability.

A dispatch center is served with a subpoena for a specific call recording. The EMD supervisor should:

Answer: Preserve the recording and consult legal counsel before releasing it

A subpoena is a legal order, and the correct response is to preserve all relevant evidence and coordinate with legal counsel to respond appropriately.