This document discusses medical legal and quality improvement topics including patient rights, duties of EMTs and medical providers, consent, do not resuscitate orders, and negligence. It addresses the legal system, medical direction, good Samaritan laws, duties to self, partners, patients and others. Patient rights covered include the right to information, choice of providers, emergency services, participation in decisions, nondiscriminatory care, privacy, and complaint resolution. Duties of providers and responsibilities of patients are also outlined.

1. Medical Legal/CQI
Jim Simonson, Professor
Legal System-Patient Rights-Medical Direction
Good Samaritan Laws-Negligence

2.  Duties of the Legal System
 Patient Rights
 Medical Direction
 Good Samaritan Laws/Immunity
 Negligence
 Civil
 Criminal

3.  Duty to Self
 Certification
 Training/Skill maintenance
 Mental well-being
 Physical well-being

4.  Duty to Partners
 Mental/Physical well-being
 Watch their back
 Discipline
 Watchdog or Arsehole?

5.  Responsibility for Equipment
 Duty to Patient
 First, do no harm
 Protect rights
 Patient advocate
 Deliver complete care
 Protect privacy
 Duty to Others
 Prevent escalations

6.  The Right to Information. Patients have the
right to receive accurate, easily understood
information to assist them in making informed
decisions about their health plans, facilities and
professionals.

7.  The Right to Choose. Patients have the right to
a choice of health care providers that is
sufficient to assure access to appropriate high-
quality health care including giving women
access to qualified specialists such as
obstetrician-gynecologists and giving patients
with serious medical conditions and chronic
illnesses access to specialists.

8.  Access to Emergency Services. Patients have
the right to access emergency health services
when and where the need arises. Health plans
should provide payment when a patient
presents himself/herself to any emergency
department with acute symptoms of sufficient
severity "including severe pain" that a "prudent
layperson" could reasonably expect the absence
of medical attention to result in placing that
consumer's health in serious jeopardy, serious
impairment to bodily functions, or serious
dysfunction of any bodily organ or part.

9.  Being a Full Partner in Health Care Decisions.
Patients have the right to fully participate in all
decisions related to their health care. Consumers
who are unable to fully participate in treatment
decisions have the right to be represented by
parents, guardians, family members, or other
conservators. Additionally, provider contracts
should not contain any so-called "gag clauses"
that restrict health professionals' ability to
discuss and advise patients on medically
necessary treatment options.

10.  Care Without Discrimination. Patients have the
right to considerate, respectful care from all
members of the health care industry at all times
and under all circumstances. Patients must not
be discriminated against in the marketing or
enrollment or in the provision of health care
services, consistent with the benefits covered in
their policy and/or as required by law, based on
race, ethnicity, national origin, religion, sex, age,
current or anticipated mental or physical
disability, sexual orientation, genetic
information, or source of payment.

11.  The Right to Privacy. Patients have the right to
communicate with health care providers in
confidence and to have the confidentiality of
their individually-identifiable health care
information protected. Patients also have the
right to review and copy their own medical
records and request amendments to their
records.

12.  The Right to Speedy Complaint Resolution.
Patients have the right to a fair and efficient
process for resolving differences with their
health plans, health care providers, and the
institutions that serve them, including a
rigorous system of internal review and an
independent system of external review.

13.  Taking on New Responsibilities. In a health
care system that affords patients rights and
protections, patients must also take greater
responsibility for maintaining good health.

14.  Consent
 Informed
 Implied
 Delegation

15.  DNR
 Comfort Care
 Comfort Care-Arrest
 http://codes.ohio.gov/orc/2133
 POA-HC
 http://codes.ohio.gov/orc/1337.09
 http://codes.ohio.gov/orc/1337.13
 http://codes.ohio.gov/orc/1337.14

16.  Independent vs. Dependent providers
 Outside physician scope
 Licensure vs. Certification
 Scope of Practice
 Online vs. Offline
 Physicians on Scene

17.  http://codes.ohio.gov/orc/2305.23

18.  The obvious (components)
 Contributory negligence
 Patient uncooperative
 Negligence per se
 Clear act in violation
 Res ipsa loquitur
 Action speaks for itself
 Vicarious Liability
 (Employers)