1. Medical Law and Ethics Lesson 1: Law and Liability

2. Lesson 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.

3. Criminal Law
Made to protect the public as a whole from harmful acts of others
Two categories:
Felony
Misdemeanor 3

4. Criminal Law
Felony: Carries a punishment of imprisonment in a state or federal prison, or death
Examples
Murder
Rape
Robbery
Practicing medicine without a license 4

5. Criminal Law
Misdemeanor: 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 5

6. Criminal Law
Criminal Law and the Physician
Physician’s license may be revoked or taken away for conviction of a crime
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. 6

7. Civil Law
Concerns relationships between individuals or between individuals and the government 7

8. Civil Law
Tort: 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. 8

9. Civil Law Intentional 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 9

10. Civil Law: Intentional Torts
Assault: Threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm 10

11. Critical Thinking Question
What is an example of assault in a medical office? 11

12. Civil Law: Intentional Torts
Battery: Unauthorized and harmful or offensive physical contact with another person 12

13. Critical Thinking Question
What is an example of battery in a medical office? 13

14. Civil Law: Intentional Torts
False imprisonment: Intentional confinement or restraint of another person without justification and without the person’s consent 14

15. Critical Thinking Question
What is an example of false imprisonment in a medical office? 15

16. Civil Law: Intentional Torts
Defamation of Character: Negative statements made by others during his/her lifetime 16

17. Critical Thinking Question
What is an example of defamation of character in a medical office? 17

18. Civil Law: Intentional Torts
Defamation of Character cont:
Slander:
Libel: 18

19. Critical Thinking Question
What is an example of this slander or libel in a medical practice? 19

20. Civil Law: Intentional Torts
Invasion of Privacy: The unauthorized publicity of information about a patient 20

21. Film Pearson’s chapter 3
Protecting pt. privacy

22. Critical Thinking Question
What is an example of invasion of privacy in a medical practice? 22

23. Civil Law: Unintentional Torts
Negligence: 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. 23

24. Critical Thinking Question
What is an example of negligence in a medical practice? 24

25. Civil Law: Unintentional Torts
The 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 25

26. Civil Law: Unintentional Torts
Contributory negligence: Relates to the patient’s contribution to the injury, which if proven, would release the physician as the direct cause 26

27. Critical Thinking Question
What is an example of contributory negligence in a medical practice? 27

28. Civil Law: Unintentional Torts
It is easier to prevent negligence than it is to defend it. 28

29. Contract Law
Contract: A voluntary agreement that two parties enter into with the intent of mutual benefit for both parties 29

30. Contract Law Contract: must be mentally competent
must not be under influence of drugs or alcohol 30

31. Contract Law
Breach 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 31

32. Contract Law Termination of Contract Treatment ends Fees paid
Both physicians and patients have the right to terminate the contract before this point 32

33. Professional Liability
Average 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 33

34. Critical Thinking Question
Why would one sue a physician? Give some examples. 34

35. Respondeat 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 35

36. Standard of Care Physicians may refuse to treat
once the MD accepts the pt for tx, a relationship has been established 36

37. Expectations of Standard of Care
Physicians 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 37

38. Expectations of Standard of Care
Physicians 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-rays
Physicians are not expected to expose patients to undue risks 38

39. Standard of Care
If the physician violates this standard of care, he or she is liable for negligence 39

40. Standard of Care for Medical Assistants
MAs must adhere to a standard of care
Standard of care depends on
Training
Skills
Experience
Education
Assigned responsibility 40

41. Standard of Care Guidelines
Never go outside of your competency level
If you do, you risk being sued for negligence
Know the applicable laws in your state 41

42. Critical Thinking Question
What are some of these laws in your state?
Medical assistants faq's 42

43. Malpractice
Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient 43

44. Medical Malpractice
Signing a consent for treatment does not mean that the patient agrees to substandard treatment
Medical malpractice can include: 44

45. Medical Malpractice Common malpractice cases: Birth injury:
Cerebral palsy:
Failure to diagnose:
Medication errors:
Wrongful death:
Defective drugs or products: 45

46. Malpractice Insurance
Employers 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. 46

47. Res 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 47

48. Critical Thinking Question
What are examples of blatant negligence for a physician or healthcare worker? 48

49. Statute of Limitations
Period of time during which a patient has to file a lawsuit
If the lawsuit is not filed in time the court will not hear the case
Varies from state to state 49

50. Statute of Limitations
Rule of discovery: Beginning of the statute of limitations period when the problem is discovered
This could be long after the treatment or incident
A minor may sue for a problem when he or she becomes an adult (18 years old) 50

51. Good Samaritan Laws
State 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 51

52. Cont w/med law lesson 2 ppt