EMT EMT Legal and Ethical Issues 1 — Questions and Answers
Question 1: What legal doctrine allows an EMT to treat an unconscious patient without explicit consent?
- Implied consent (Correct answer)
- Expressed consent
- Informed consent
- Involuntary consent
Correct 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.
Question 2: A competent adult patient has the right to:
- Refuse medical treatment (Correct answer)
- Demand any medication they choose
- Require the EMT to violate protocol
- Force transport against crew safety
Correct answer: Refuse medical treatment
Competent adults have the legal right to refuse any medical treatment, including transport, even if that refusal may harm them.
Question 3: A Do Not Resuscitate (DNR) order instructs EMTs to:
- Withhold resuscitative measures as specified (Correct answer)
- Withhold all medical care
- Contact medical direction before any treatment
- Perform CPR only if family requests it
Correct answer: Withhold resuscitative measures as specified
A valid DNR directs EMS providers to withhold the specific resuscitative interventions (such as CPR) listed in the order.
Question 4: The term for unauthorized touching of a patient without consent is:
- Battery (Correct answer)
- Negligence
- Assault
- Abandonment
Correct answer: Battery
Battery is the unlawful physical contact with another person without consent, even if no harm results.
Question 5: Abandonment in EMS occurs when:
- An EMT discontinues care without transferring to an equal or higher level provider (Correct answer)
- A patient refuses transport
- Medical direction cannot be reached
- The EMT hands off to a bystander physician
Correct answer: An EMT discontinues care without transferring to an equal or higher level provider
Abandonment is the termination of the EMT-patient relationship without ensuring that care is continued by a provider of equal or greater competency.
Question 6: Which of the following best defines negligence in EMS?
- Failure to provide the standard of care that results in patient harm (Correct answer)
- Performing a procedure without consent
- Threatening a patient with force
- Disclosing patient information to media
Correct answer: Failure to provide the standard of care that results in patient harm
Negligence requires four elements: duty to act, breach of that duty, causation, and damages (patient harm).
EMT EMT Legal and Ethical Issues 1
What legal doctrine allows an EMT to treat an unconscious patient without explicit consent?