1. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Pearson's Comprehensive Medical Assisting Administrative and Clinical Competencies Second Edition CHAPTERCHAPTER CHAPTER 3 3 Medical Law and Ethics Lesson 1: Law and Liability

2. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Lesson Objectives Upon completion of this lesson, students should be able to … Define and spell the terms to learn for this chapter. Differentiate between criminal and civil law. Identify the four Ds of negligence. Discuss what can be done to avoid a claim of abandonment.

3. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Classification of the Law Criminal LawCivil Law International Law Military Law

4. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Criminal Law Made to protect the public as a whole from harmful acts of others Two categories: –Felony –Misdemeanor

5. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Criminal Law Felony: Carries a punishment of imprisonment in a state or federal prison, or death –Murder –Rape –Robbery –Practicing medicine without a license

6. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Criminal Law Misdemeanor: Less serious offense and carries a punishment of fines or imprisonment in jail for up to a year –Traffic violations –Disturbing the peace –Theft

7. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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 Law Criminal Law and the Physician –Physician’s license may be revoked or taken away for conviction of a crime  Sexual misconduct  Murder  Violating narcotics laws  Practicing medicine without a license

8. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law Concerns relationships between individuals or between individuals and the government Includes: –Contract law –Tort law –Administrative law

9. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law Contract Law: Enforceable promises and agreements between two or more persons to do or not to do a particular action Tort Law: Protects a variety of injuries and provides remedies for these injuries 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.

10. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law Intentional torts: The defendant possessed the intent to do the act that caused the plaintiff’s injuries 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

11. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Intentional Torts Assault: Threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm

12. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of assault in a medical office?

13. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Intentional Torts Battery: Unauthorized and harmful or offensive physical contact with another person –Protects a person’s reasonable sense of dignity and safety

14. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of battery in a medical office?

15. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Threat of future harm or moral pressure doesn’t count. Civil Law: Intentional Torts False imprisonment: Intentional confinement or restraint of another person without authority or justification and without the person’s consent –Victim may be restrained or confined by  Physical force  Barriers  Threats of physical harm  False assertion of legal authority

16. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of false imprisonment in a medical office?

17. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Intentional Torts Defamation of Character: Negative statements made by others during his/her lifetime –Plaintiff must prove that 1)Defendant made a negative statement of fact about the plaintiff 2)The statement was intentionally or accidentally published to a third party Third person only needs to have seen or heard statement.

18. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of defamation of character in a medical office?

19. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Intentional Torts Defamation of Character –Slander: Name for an oral defamatory statement –Libel: False statement that appears in print, radio, or television broadcast  Letter  Newspaper  Magazine  Book  Photograph  Movie  Video Publication of an untrue fact is not the same as an opinion.

20. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of this slander or libel in a medical practice?

21. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Intentional Torts Invasion of Privacy: The unauthorized publicity of information about a patient

22. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of invasion of privacy in a medical practice?

23. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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.

24. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of negligence in a medical practice?

25. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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 in a court of law

26. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

27. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What is an example of contributory negligence in a medical practice?

28. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Unintentional Torts It is easier to prevent negligence than it is to defend it. Physicians can take steps to avoid negligence suits by: –Protecting the physician-client relationship –Being above any reproach in the performance of their medical duties

29. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Unintentional Torts In order to obtain a judgment for negligence against a physician, the patient must be able to show the “four D’s”: –Duty –Dereliction or neglect of duty –Direct cause –Damages

30. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Unintentional Torts Duty: Refers to the physician-client relationship –Patient must prove that the relationship has been established –Established when patient has made an appointment and been seen by the physician –Further office visits and treatments establishes that the physician had a duty or obligation to the patient

31. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Unintentional Torts Dereliction or neglect of duty: Refers to a physician’s failure to act as an ordinary and prudent physician (a peer) within the same community would act in a similar circumstance when treating a patient –Patient would have to prove that the physician’s performance or treatment did not comply with the acceptable standard of care –Standard of care is based on the norm of the ordinary and prudent physician

32. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Civil Law: Unintentional Torts Direct cause: Requires the patient to prove that the physician’s derelict or breach of duty was the direct cause for the injury that resulted Damages: Refers to any injuries that were received by the patient –The court may award compensatory damages to pay for the patient’s injuries

33. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law Concerned with a breach or neglect of an understanding between two parties Contract: A voluntary agreement that two parties enter into with the intent of mutual benefit for both parties –Consideration: Something of value that is a part of the contract agreement (and must be legal) –Offer: The physician offers to perform a service –Acceptance of the offer: The patient agrees to accept consideration in exchange for a fee

34. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law Considerations for a contract: –Patient must be mentally competent at the time the contract is made –Patient must not be under influence of drugs or alcohol at time the contract is entered

35. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law Breach of contract: Occurs when either party fails to comply with the terms of the agreement Abandonment: Once a physician has agreed to take care of a patient, that contract may not be terminated improperly –Physician must give formal notice of withdrawal from the case –Physician must allow the patient enough time to seek the services of another physician

36. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law Termination of Contract –Generally occurs when treatment has ended and fee has been paid –Both physicians and patients have the right to terminate the contractual relationship before this point

37. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law A medical office should document any of the incidents below with a certified letter: –Failure to pay for service –Missed appointments –Failure to follow instructions –The patient states (orally or in writing) that he or she is seeking the care of another physician  There are many reasons for this: Insurance changes Moving away

38. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law Collections –Laws have been enacted to provide protection against unscrupulous collection practices that harm individuals –The MA is responsible for following the administrative procedures these laws require

39. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Laws Governing Collection Equal Credit Opportunity Act of 1975 Fair Debt Collection Practices Act of 1978 Fair Credit Reporting Act of 1971 Notice on “Use of Telephone for Debt Collection” Truth in Lending Act of 1969

40. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Contract Law LawDescription Equal Credit Opportunity Act of 1975 Prohibits discrimination in the granting of credit Fair Debt Collection Practices Act of 1978 Provides a guide for determining what are considered the fair collections practices for creditors Fair Credit Reporting Act of 1971 Provides guidelines for collecting an individual’s credit information

41. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan LawDescription Notice on “Use of Telephone for Debt Collection” from the FCC Provides guidelines for the specific times that credit collection phone calls can be made Truth in Lending Act of 1969 Requires a full, written disclosure concerning the payment of any fee that will be collected in more than 4 installments Contract Law

42. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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 Professional Liability

43. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.Why would one sue a physician? Give some examples.

44. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

45. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.Is Respondeat Superior this fair? Why or why not?

46. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Standard of Care Physicians are under no obligation to treat everyone that comes into the office However, once the physician accepts the patient for treatment, a physician/patient relationship has been established

47. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Standard of Care Asserts that the physician must provide the same knowledge, care, and skill that a similarly trained physician would provide under the same circumstances in the same locality.

48. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

49. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

50. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Standard of Care If the physician violates this standard of care, he or she is liable for negligence

51. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

52. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

53. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What are some of these laws in your state?

54. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Malpractice Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient –Every mistake or error is not considered malpractice –Outcome of treatment is not the determining factor –Physicians and employees must adhere to the standard of care

55. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Medical Malpractice Signing a consent for treatment does not mean that the patient agrees to substandard treatment Medical malpractice can include: –Medical errors –Improper diagnosis –Failure to diagnose –Failure to advise of diagnosis –Lack of informed consent –Abandonment –Surgical procedure error –Equipment/supplies left in patient during surgery

56. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Medical Malpractice Common hospital/physician medical malpractice cases: –Birth injury: Medical error that results in an injury at birth –Cerebral palsy: Medical error that results in cerebral palsy, usually at birth and labor –Failure to diagnose: Treatment for a disease patient does not have or failing to diagnose a severe problem  Especially breast cancer or lung cancer

57. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Medical Malpractice Common hospital/physician medical malpractice cases: –Medication errors: A common problem is inability to read handwriting, causing errors –Wrongful death: Death as a result of medical negligence –Nursing home abuse: Can be physical, psychological, emotional, and financial –Defective drugs or products: Can involve the manufacturer, physician, and hospital To view information related to patient safety click here or visit www.fda.govclick here

58. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Malpractice Insurance Employers carry insurance to cover acts of their employees during the course of carrying out their duties This is 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.

59. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What are some situations that might occur in which a patient is injured, but the physician hasn’t done anything wrong?

60. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Click hereClick here or go to http://www.hpso.com for an Internet example of a free insurance quote. Malpractice Insurance If you are not covered by your employer’s malpractice policy, you must purchase your own professional liability coverage

61. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.Where will you get professional liability insurance if your employer does not cover you?

62. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

63. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Critical Thinking Question 1.What are examples of blatant negligence for a physician or healthcare worker?

64. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Statute of Limitations Period of time during which a patient has to file a lawsuit If the lawsuit is not filed within the statute of limitations period, the court will not hear the case Varies from state to state

65. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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) –This revises the statute of limitations to the time period it takes for minor to reach 18 –Or, the minor may sue immediately after the incident through guardian ad litem

66. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan 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

67. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Defamation of Character Scandalous statements about someone that can injure the person’s reputation Can result even when the statement is true –Slander: When the defaming statement is spoken –Libel: When the defaming statement is written MAs have access to privileged information that may be harmful to the patient’s reputation

68. Copyright ©2011 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Pearson's Comprehensive Medical Assisting: Administrative and Clinical Competencies, 2/e Beaman Fleming-McPhillips Routh Gohsman Reagan Questions?