Basic Law Criminal Law Civil Law

Criminal Law  Protects the public from harmful acts

Civil Law  Individual to individual protection

Medical Law  Is medical law criminal or civil?

Medical Law  Is medical law criminal or civil?  It can be both.

Medical Law  Why are there so many medical law suits?

Medical Law  Why are there so many medical law suits?  Greed

Medical Law  Why are there so many medical law suits?  Greed  Decrease in “Standard of Care”

Medical Law  Why are there so many medical law suits?  Greed  Decrease in “Standard of Care”  No or inadequate “Informed Consent”

Medical Law  Why are there so many medical law suits?  Greed  Decrease in “Standard of Care”  No or inadequate “Informed Consent”  Pts “Bill of Rights” has been compromised

Standard of Care

 Care that is delivered, that is equal to, or exceed the care given by a population or group in a given area.

Informed Consent

 Pts must understand the nature of the condition, treatment options, and risk factors involved. Consent must be given in writing and be signed by the pt or legal representative.

Patients Bill of Rights

 The following summarizes eight areas of consumer rights and responsibilities adopted by the President's Advisory Commission on Consumer Protection and Quality in the Health Care Industry in 1998 [1]. Many health plans have adopted these principles: [1]  Information Disclosure. Consumers have the right to receive accurate, easily understood information and some require assistance in making informed health care decisions about their health plans, professionals, and facilities.  Choice of Providers and Plans. Consumers have the right to a choice of health care providers that is sufficient to ensure access to appropriate high-quality health care.  Access to Emergency Services. Consumers have the right to access emergency health care services when and where the need arises. Health plans should provide payment when a consumer presents to an emergency department with acute symptoms of sufficient severity -- including severe pain -- such 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. .

Patients Bill of Rights cont..  Participation in Treatment Decisions. Consumers have the right and responsibility 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.  Respect and Nondiscrimination. Consumers have the right to considerate, respectful care from all members of the health care system at all times and under all circumstances. An environment of mutual respect is essential to maintain a quality health care system.  Confidentiality of Health Information. Consumers have the right to communicate with health care providers in confidence and to have the confidentiality of their individually identifiable health care information protected. Consumers also have the right to review and copy their own medical records and request amendments to their records.  Complaints and Appeals. All consumers 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.  Consumer Responsibilities. In a health care system that protects consumers' rights, it is reasonable to expect and encourage consumers to assume reasonable responsibilities. Greater individual involvement by consumers in their care increases the likelihood of achieving the best outcomes and helps support a quality improvement, cost-conscious environment .

4 D’s of a medical malpractice—law suit

 Duty- knowingly not providing the care needed

4 D’s of a medical malpractice—law suit  Duty  Dereliction-failure to perform all required duties

4 D’s of a medical malpractice—law suit  Duty  Dereliction  Direct Cause-harm was caused directly by the health care provider

4 D’s of a medical malpractice—law suit  Duty  Dereliction  Direct Cause  Damages-a loss or harm was suffered

Doctor Patient Relationship  The doctor-patient relationship is considered to be essential in modern medicine and forms one of the foundations of contemporary medical ethics. Universities teach medical students from the beginning, even before they set foot in hospitals, to maintain a professional rapport with patients, uphold patients’ dignity, and respect their privacy. medicinemedical ethics medicinemedical ethics  The relationship is beyond the concept of physician-patient privilege which is a legal covenant. Rather, the clinician and patient are in a partnership and both parties can openly discuss choices and ask questions in a trusting manner. This ideology stems from trying to maintain the most objective outlook by both parties – patient and clinician – in formulating and exercising optimal treatment plans. In fact, many health care professionals and patients claim that this trust and relationship is therapeutic in its own right. Unfortunately, we are increasingly seeing these boundaries crossed, which can compromise patient care and potentially lead to fatal consequences physician-patient privilegephysician-patient privilege

The Role of the MA  Documentation—document everything.

The Role of the MA  Documentation—document everything.  Be ethical and hold high moral standards.

The Role of the MA  Documentation—document everything.  Be ethical and hold high moral standards.  Abide by clinic, hospital, or office policies and procedures.