Presentation is loading. Please wait.

Presentation is loading. Please wait.

Medical Law/Application Process. Classification of Law (2)  Criminal (“Penal”) Law  Relates to crime  Rules that define prohibited conduct because.

Similar presentations


Presentation on theme: "Medical Law/Application Process. Classification of Law (2)  Criminal (“Penal”) Law  Relates to crime  Rules that define prohibited conduct because."— Presentation transcript:

1 Medical Law/Application Process

2 Classification of Law (2)  Criminal (“Penal”) Law  Relates to crime  Rules that define prohibited conduct because [that conduct] is believed to threaten, harm, or otherwise damage the safety & welfare of the public.  Punishment: Imprisonment & Fines  Civil Law  Legal rights and responsibilities (duties) of private citizens  Punishment: Money awards

3 Legal Torts “Legal or civil wrong committed by one person against the person or property of another person”  Two (2) Types  Intentional  Negligence

4 Intentional Tort of Misconduct  Plaintiff must establish that the defendant intended to commit the specific wrong that has been alledged.  Must be conscious performance of act to accomplish specific result, or where a reasonable person would have known the results of a particular act.  Deliberate action  Conscious action  Plaintiff must show intent

5 Misconduct (types)  Assault  Acting intentionally & voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact  Intent  Apprehension  Battery  Intentionally & voluntarily bringing about an unconsented harmful or offensive contact with a person  Involves actual contact

6 Misconduct (types)  False Imprisonment  Conscious restraint of freedom of another without proper authorization, priviledge, or consent  In healthcare must be limited to, and in proportion with the procedure being performed.  Based on “reasonableness”

7 Misconduct (types)  Defamation of Character  Slander – spoken  Libel – written  Must be written or spoken, and made to a person other than the plaintiff  Invasion of Privacy  Patient’s medical record (includes x-ray images)  Freedom of Information Act (pt can access records)  Covered by HIPAA Laws (PHI)

8 Standard of Care  “Skill and learning commonly possessed by members of a particular profession.”  In healthcare known as “Standard of Reasonable Care”  Depends on specifics of situation  Open to interpretation by judge & jury

9 Tort of Negligence  “Doing something you should not have done” or  “Not doing something that you should have done.”  Negligent behavior or actions that cause harm to another person known as “ malpractice.”  Hippocratic Oath: “Do no harm”

10 Medical Negligence = Malpractice Def: “A breach from the standard practice that is the proximate cause of a patient’s injury.”  Elements of proof of negligence in a medical malpractice case include a deviation, or departure from acceptable standard of practice  A negligent act committed by a professional person constitutes malpractice only if it involves negligence in the carrying out of his professional duties

11 Malpractice classifications  Criminal Malpractice  Assault  Battery  Mercy Killing (“Angel of Death”)  Civil Malpractice  Practice falls below “Standard of Care”  Ethical Malpractice  Violations of professional ethics (e.g. ASRT Code of Ethics)

12 Malpractice: Plaintiff must prove 1. Duty of responsibility to patient owed 2. Duty of responsibility is breached (broken) 3. Damages (Injury or Death) 4. Proximal (Direct) Cause

13 Malpractice: Plaintiff must prove 1. Duty of responsibility to patient owed 2. Duty of responsibility is breached (broken) 3. Damages (Injury or Death) 4. Proximal (Direct) Cause

14 Medico-Legal Doctrines  Respondeat superior  “Let the master respond”  Employer is liable for negligent acts of employees which occur when the employee is acting as an instrument of the employer.  Employee-Employer relationship must exist  Does not relieve practitioner of negligent behavior  “Indemnification”  Employer can recover awarded damages from its employee

15  Res ipsa loquitur  “The thing speaks for itself”  Often invoked to cause the defendant to prove his actions were not negligent (accused my prove that he is innocent )  The outcome is so obvious that the damage(s) can only have been caused by the defendant.  e.g. sponges & instruments left inside patients, surgical outcomes (esp. plastic surgery) that didn’t turn out right, wrong medications administered to the patient. Medico-Legal Doctrines

16  Corporate Liability  Duty of reasonable care in selection and retention of employees and medical staff  Duty of reasonable care in maintenance and use of equipment  Availability of services Medico-Legal Doctrines

17 Informed Consent Affirmation by patient to consent to have procedure performed  Patient must have:  Appropriate mental capacity  Accepted elements of consent  Been for lawful purpose  Who can sign?  Must be over age of majority  Spouse  Emancipated Minor

18 Informed Consent must contain:  Authorization Clause  Permits healthcare giver to perform procedure  Disclosure Clause  Explanation of procedure  Risks – to include possibility of death  Benefits of having procedure performed  Alternatives  Anesthesia Clause (if anesthesia to be given)

19 Informed Consent must contain:  No guarantee clause  Tissue Disposal Clause  Patient Understanding Clause  Had all questions answered  Everything explained to patient  Signature Clause  Patient signature or mark  Witness

20 The lack of a signed Informed Consent form constitutes medical malpractice! (Deviation from “Standard of Practice”)

21 Child Abuse  “Abuse” vs “Neglect”  Abuse: Positive action, very distinct, aggravated  Neglect: Failing to do something you should  Punishment  Abuse: Child removed from family  Neglect: DFS/DCWS work with family, counselling

22 Not reporting suspected child abuse  Civil Liability  California Supreme Court (1976) – Landeros v. Flood  Sued ER physician (Flood) & hospital for malpractice because they had a duty to recognize battered child syndrome.  Required by law to report suspected child abuse  Immunity Provision  Immunity does not apply for malicious reporting

23 Laws you should know about:  Radiologic Technology Act (1974)  Calif Code of Regulations (CCR) Title XVII  Health Insurance Portability & Accountability Act (HIPAA)  Passed 1996; became fully effective 2003  Privacy of patient information (PHI)  10 CFR 20 – NRC (1994)  “Standards for Protection Against Radiation”

24 Laws you should know about:  Mammographic Quality Standards Act (1992, renewed 2003) – “MQSA”  Patient-Consumer Radiation Health & Safety Act (1981)  National educational & credentialing standards for RT training (Sec. HHS)  Compliance was voluntary  Did not specify “penalties” for non-compliance  Law was unenforceable  Didn’t do what it was intended to do

25 Laws you should know about:  Consistency, Accuracy, Responsibility & Excellence in Medical Imaging (CARE) Bill  Originally discussed as an enforcement clause in the 1981 Act.  Compliance mandatory - tied to MediCare/MediCAID reimbursement to force compliance  1997 – ASRT votes to advocate federally mandated standard for education & credentialing  First introduced as a Congressional bill  Still pending Congressional passage (H.R. 1207)

26 Laws you should know about:  Calif SB 1237  Procedures to protect patients from radiation overexposure (ref CT Scans) – signed into law October  Requires: ◦ CT Scan Dose reporting ◦ CT Facility accreditation ◦ Medical event reporting to DPH ◦ Effective July1,2012


Download ppt "Medical Law/Application Process. Classification of Law (2)  Criminal (“Penal”) Law  Relates to crime  Rules that define prohibited conduct because."

Similar presentations


Ads by Google