Medical Law and EthicsMedical Law and EthicsLesson 1:Lesson 1:Law and LiabilityLaw and Liability
Lesson ObjectivesLesson Objectives
Upon completion of this lesson, students should be able to …
Differentiate between criminal and civil law.
Identify negligence. Discuss what can be done to
avoid a claim of abandonment.
Criminal LawCriminal LawMade to protect the public as a
whole from harmful acts of othersTwo categories:
◦Felony◦Misdemeanor
Criminal LawCriminal LawFelony: Carries a punishment of
imprisonment in a state or federal prison, or death
Examples◦Murder◦Rape◦Robbery◦Practicing medicine without a license
Criminal LawCriminal LawMisdemeanor: Less serious
offense and carries a punishment of fines or imprisonment in jail for up to a year
Examples:◦Traffic violations◦Disturbing the peace◦Theft
Practice of medicine: Diagnosing and prescribing treatment or medication.
The medical assistant must make sure to only assist the physician and to not try to treat or
diagnose a patient’s condition.
Criminal LawCriminal LawCriminal Law and the Physician
◦Physician’s license may be revoked or taken away for conviction of a crime
Civil LawCivil LawConcerns relationships between
individuals or between individuals and the government
Civil LawCivil LawTort: Wrongful act that is committed against another person or property that results in harm
There must be damage or injury to the patient that was caused by the physician or the physician’s
employee.
Civil LawCivil LawIntentional torts:Unintentional torts= Negligence –
The omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do
Civil Law: Intentional TortsCivil Law: Intentional TortsAssault: Threat of immediate
harm or offensive contact or any action that arouses reasonable apprehension of imminent harm
Critical Thinking QuestionCritical Thinking Question
1. What is an example of assault in a medical office?
Civil Law: Intentional TortsCivil Law: Intentional TortsBattery: Unauthorized and
harmful or offensive physical contact with another person
Critical Thinking QuestionCritical Thinking Question
1. What is an example of battery in a medical office?
Civil Law: Intentional TortsCivil Law: Intentional TortsFalse imprisonment:
Intentional confinement or restraint of another person without justification and without the person’s consent
Critical Thinking QuestionCritical Thinking Question
1. What is an example of false imprisonment in a medical office?
Civil Law: Intentional TortsCivil Law: Intentional Torts Defamation of Character:
Negative statements made by others during his/her lifetime
Critical Thinking QuestionCritical Thinking Question
1. What is an example of defamation of character in a medical office?
Civil Law: Intentional TortsCivil Law: Intentional TortsDefamation of Character cont:
◦Slander:
◦Libel:
Critical Thinking QuestionCritical Thinking Question
1. What is an example of this slander or libel in a medical practice?
Civil Law: Intentional TortsCivil Law: Intentional TortsInvasion of Privacy: The
unauthorized publicity of information about a patient
Film Pearson’s chapter 3Film Pearson’s chapter 3Protecting pt. privacy
Critical Thinking QuestionCritical Thinking Question
1. What is an example of invasion of privacy in a medical practice?
Civil Law: Unintentional TortsCivil Law: Unintentional TortsNegligence: Patient is injured as
a result of the health care professional not exercising the ordinary standard of care◦Reasonable Person Standard:
The type of care that a “reasonable” person would use in a similar circumstance
Negligence and malpractice are the same thing.
Critical Thinking QuestionCritical Thinking Question
1. What is an example of negligence in a medical practice?
Civil Law: Unintentional TortsCivil Law: Unintentional TortsThe plaintiff must prove proximate
cause◦The defendant’s acts (or failure to act)
directly caused the injury
Plaintiff: The person or group of people who file a lawsuit
Defendant: The person or group of people who are accused of wrongdoing
Civil Law: Unintentional TortsCivil Law: Unintentional TortsContributory negligence:
Relates to the patient’s contribution to the injury, which if proven, would release the physician as the direct cause
Critical Thinking QuestionCritical Thinking Question
1. What is an example of contributory negligence in a medical practice?
Civil Law: Unintentional TortsCivil Law: Unintentional Torts
It is easier to prevent negligence than it is to defend it.
Contract LawContract LawContract: A voluntary agreement
that two parties enter into with the intent of mutual benefit for both parties
Contract LawContract Law
Contract:◦ must be mentally
competent◦ must not be under
influence of drugs or alcohol
Contract LawContract LawBreach of contract: Occurs when
either party fails to comply with contract terms
Abandonment:◦Physician must give formal notice of
withdrawal from the case◦Physician must allow the patient
enough time to seek the services of another physician
Contract LawContract LawTermination of Contract
◦Treatment ends◦Fees paid◦Both physicians and patients have the right to terminate the contract before this point
Professional LiabilityProfessional LiabilityAverage liability award granted
to plaintiffs in medical malpractice lawsuits is over $1 M
Major issues involve:◦Standard of care◦Legal contracts◦Informed consent◦Patient/physician relationship
Critical Thinking QuestionCritical Thinking Question
1. Why would one sue a physician? Give some examples.
Respondeat SuperiorRespondeat Superior
Let the master answer”Physician is liable for the
negligent actions of anyone working for him or her
Ultimate responsibility rests with the physician
In some cases and states, both the employee and physician are liable for negligent actions
Standard of CareStandard of Care
Physicians may refuse to treat
once the MD accepts the pt for tx, a relationship has been established
Expectations of Standard Expectations of Standard of Careof CarePhysicians are expected to
perform the same acts that “reasonable and prudent” physicians would perform
Physicians are expected to not perform any acts that “reasonable and prudent” physicians would not perform
Expectations of Standard Expectations of Standard of Careof CarePhysicians are expected to exhaust
all the resources available to them when they are treating a patient:◦Taking a thorough medical history◦Giving a complete physical examination◦Conducting the necessary laboratory
tests and x-raysPhysicians are not expected to
expose patients to undue risks
Standard of CareStandard of Care
If the physician violates this standard of care, he or she is liable for negligence
Standard of Care for Medical AssistantsStandard of Care for Medical Assistants
MAs must adhere to a standard of care
Standard of care depends on ◦ Training◦ Skills◦ Experience◦ Education◦ Assigned
responsibility
Standard of Care GuidelinesStandard of Care GuidelinesNever go outside of your
competency levelIf you do, you risk being sued for
negligenceKnow the applicable laws in your
state
Critical Thinking QuestionCritical Thinking Question
1. What are some of these laws in your state?
Medical assistants faq's
MalpracticeMalpracticeProfessional misconduct or
demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient
Medical MalpracticeMedical MalpracticeSigning a consent for treatment
does not mean that the patient agrees to substandard treatment
Medical malpractice can include:
Medical MalpracticeMedical Malpractice
Common malpractice cases:◦Birth injury:◦Cerebral palsy:◦Failure to diagnose:◦Medication errors:◦Wrongful death:◦Defective drugs or products:
Malpractice InsuranceMalpractice InsuranceEmployers carry general liability
coverage Some physicians carry a rider to
cover any negligence on the part of clinical assistants
Tip: All MAs should request to see their employer’s “certificate of insurance” to ensure they are
covered under the policy.
Res Ipsa LoquiturRes Ipsa Loquitur“The thing speaks for itself”States that the breach of duty is
so obvious that it does not need further explanation
Applies to blatant negligent mistakes on the part of the physician or employee
Critical Thinking QuestionCritical Thinking Question
1. What are examples of blatant negligence for a physician or healthcare worker?
Statute of LimitationsStatute of LimitationsPeriod of time during which a
patient has to file a lawsuitIf the lawsuit is not filed in time
the court will not hear the caseVaries from state to state
Statute of LimitationsStatute of LimitationsRule of discovery: Beginning of
the statute of limitations period when the problem is discovered ◦This could be long after the treatment
or incidentA minor may sue for a problem
when he or she becomes an adult (18 years old)
Good Samaritan LawsGood Samaritan LawsState laws that help to protect a
healthcare professional from liability while giving emergency care to an accident victim◦No one is required to provide care to an
emergency victim (except in Vermont)◦Someone responding to an emergency is
only required to act within his or her skill and training
◦This requirement places physicians at a high standard
◦MAs would only be required to act within their training
Cont Cont w/med law lesson 2 ppt law lesson 2 ppt
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