Legal and Liability Issues Flashcards
7 cards from real EMD practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal and Liability Issues flashcards as text
Which legal doctrine protects EMDs in most US states when they follow established protocols in good faith?
Answer: Good Samaritan statutes
Good Samaritan statutes in most states extend liability protection to EMDs who follow approved dispatch protocols in good faith.
An EMD fails to ask a caller about the patient's breathing status, and the patient dies. This could constitute which type of liability?
Answer: Negligence
Failing to follow protocol steps such as assessing breathing constitutes negligence because it breaches the duty of care owed to the caller.
What is the legal term for the obligation an EMD has to provide appropriate emergency dispatch services to callers?
Answer: Duty to act
Duty to act is the legal obligation that requires an EMD to respond appropriately once they accept a call for emergency services.
A dispatcher sends the wrong resource level and the patient's condition worsens. Which element of negligence does this most directly establish?
Answer: Causation
Causation links the dispatcher's breach of protocol to the patient's worsened condition, establishing that the breach directly caused harm.
Under HIPAA, which of the following is permissible without patient authorization when transferring a call to a receiving hospital?
Answer: Sharing PHI for treatment coordination purposes
HIPAA's treatment exception permits sharing protected health information with other healthcare providers for the purpose of coordinating treatment.
Which action best protects an EMD center from liability related to call documentation?
Answer: Maintaining detailed, accurate, and timely call records
Accurate and timely documentation provides a factual record of events and demonstrates adherence to protocol, which is the primary defense against liability claims.
An EMD who intentionally provides false medical instructions to a caller would likely face which type of legal action beyond negligence?
Answer: Intentional tort or criminal charges
Deliberate provision of harmful false instructions constitutes an intentional tort and may rise to criminal conduct, going beyond simple negligence.