ISBN-10:
0763720682
ISBN-13:
2900763720680
Pub. Date:
12/30/2003
Publisher:
Jones & Bartlett Learning
EMS And The Law / Edition 1

EMS And The Law / Edition 1

by American Academy of Orthopaedic Surgeons (AAOS)
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  • Product Details

    ISBN-13: 2900763720680
    Publisher: Jones & Bartlett Learning
    Publication date: 12/30/2003
    Edition description: 1E
    Pages: 136
    Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

    Table of Contents

    Chapter 1Mechanics of the Legal System1
    Components of the American Legal System1
    EMS and the Judicial System5
    Entering the Judicial System5
    Future Trends in EMS Litigation8
    Conclusion10
    Chapter 2Navigating Through a Lawsuit11
    The Anatomy of a Lawsuit12
    What to Do If You Are Named in a Lawsuit19
    Conclusion21
    Chapter 3Duties of the EMS Provider22
    The ABCs of EMS22
    Duty23
    Conclusion28
    Chapter 4Patient Rights30
    Consent31
    Disclosure of Information32
    Obtaining Consent32
    Refusing Care34
    Do Not Resuscitate Orders34
    Health Care Durable Power of Attorney and Living Wills35
    Confidentiality36
    Conclusion37
    Chapter 5Medical Authority and Practice Acts39
    Medical Practice Acts39
    Licensure Versus Certification41
    Scope of Practice41
    Medical Control43
    Dealing With Other Physicians on Scene43
    Conclusion44
    Chapter 6Good Samaritan Laws and Immunities46
    History of Good Samaritan Laws47
    Will a Court Really Uphold Immunity for an EMS Provider?50
    Effects of Immunity51
    The Future of Immunity51
    Protecting Immunity and Reducing Liability52
    Conclusion52
    Chapter 7Negligence54
    Elements of a Negligent Tort55
    Burden of Proof56
    Defenses57
    Gross Negligence and Negligence Per Se57
    Res Ipsa Loquitur58
    Causes of Action Under a Negligence Theory58
    Vicarious Liability59
    Conclusion60
    Chapter 8Intentional Torts62
    Types of Intentional Torts62
    Punitive Damages67
    Conclusion67
    Chapter 9Criminal Violations69
    The Criminal System70
    Types of Criminal Liability72
    Implications of a Felony Offense73
    Conclusion74
    Chapter 10Due Process and Disciplinary Procedures76
    EMS and Due Process77
    What Is Due Process?78
    How Does Due Process Work?78
    Specific Due Process Provisions79
    Problems with Due Process79
    What Can You Do?81
    Conclusion82
    Chapter 11Documentation83
    Basics of Documentation83
    Benefits of Proper Documentation84
    Consequences of Poor Documentation85
    Rules of Documentation85
    Dealing With Electronic Documentation Systems87
    Conclusion88
    Chapter 12Insurance89
    Insurance and Risk89
    Insurance as a Payer of Health Care90
    Regulation of Insurance91
    Insurance as a Protection93
    Conclusion94
    Chapter 13COBRA and EMTALA96
    A Need For Action96
    EMTALA Legislation97
    Protecting Yourself102
    Penalties for Violations104
    Conclusion105
    Chapter 14Public Service and Interagency Relationships107
    Public Servant or Medical Provider?108
    Reporting Requirements108
    Working With Other Agencies110
    Mutual Aid111
    A Resource Allocation Checklist112
    Establishing a Chain of Command112
    Conclusion113
    Glossary115
    Index119

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