1. Component 1: Introduction to Health Care and Public Health in the US Unit 6: Regulating Health Care Lecture c: Medicine, Professional Liability, and Medical Malpractice

2. Objectives Describe medical law Discuss what is meant by standard of care Define statute of limitations Describe the Good Samaritan Laws Component 1/Unit 6c2 Health IT Workforce Curriculum Version 1.0/Fall 2010

3. The Law and Medicine Medical Practice Acts –Every state has a law that describes how medicine will be practiced within the state. –This Act usually establishes the medical board for the state and protects the health and safety of the public. – This board establishes the licensure standards, credentials, and sanction processes and procedures, as well as define unprofessional conduct Component 1/Unit 6c3 Health IT Workforce Curriculum Version 1.0/Fall 2010

4. The Law and Medicine (continued) Some examples as how the law relates to medicine –Tort law- (intentional) a patient can sue a physician for medical or physical injury caused by the physician or the physician’s employee –Battery (unlawful touching)- no procedure can be performed without a patient’s consent: offering an arm to a phlebotomist to allow a blood draw is implied consent. Component 1/Unit 6c4 Health IT Workforce Curriculum Version 1.0/Fall 2010

5. The Law and Medicine (continued) –Fraud can be committed by a physician with fraudulent billing practices—especially Medicare and Medicaid. This would be treating a patient for one disease and billing for a more expensive disease treatment. Unintentional tort –A patient is injured as a result of health care professional not performing at the accepted standard of care. Component 1/Unit 6c5 Health IT Workforce Curriculum Version 1.0/Fall 2010

6. The Law and Medicine (continued) –Negligence- The failure or omission to perform professional duties to the accepted standard of care or without adequate training. –Malpractice- Professional misconduct or practicing medicine with an unreasonable lack of skill Component 1/Unit 6c6 Health IT Workforce Curriculum Version 1.0/Fall 2010

7. The Law and Medicine (continued) Standard of Care –Refers to the reasonable skill and care that medical practitioners such as physicians, nurses, physician assistants, medical assistants, and phlebotomists must use according to their licensure and certification Scope of Practice –Scope of duties that a health care professional is allowed to perform Component 1/Unit 6c7 Health IT Workforce Curriculum Version 1.0/Fall 2010

8. The Law and Medicine (continued) 8 principles for health care professionals to live by –Beneficence- Helping others and engaging in activities that would benefit another –Fidelity- Loyalty and faithfulness to others. Implies that we will do what we are supposed to do Component 1/Unit 6c8 Health IT Workforce Curriculum Version 1.0/Fall 2010

9. The Law and Medicine (continued) Sanctity of life –Hold human life sacred Integrity –Living by one’s principles, no matter what happens Honesty- –Truthfulness in any situation Component 1/Unit 6c9 Health IT Workforce Curriculum Version 1.0/Fall 2010

10. The Law and Medicine (continued) Empathy –To understand a person’s feelings, even though one has never experienced another’s pain or anguish Sympathy –Feeling sorry for a person Compassion –Gentle, caring attitude towards all Component 1/Unit 6c10 Health IT Workforce Curriculum Version 1.0/Fall 2010

11. The Law and Medicine (continued) Prudent person rule- –A health care professional must give information to a patient that a reasonable person would desire before making a decision about diagnosis, risks and consequences of treatment, expected benefits, alternative treatments, prognosis with no treatment, and costs including the amount of expect pain Component 1/Unit 6c11 Health IT Workforce Curriculum Version 1.0/Fall 2010

12. Professional Liability and Medical Malpractice Medical malpractice –Professional misconduct or demonstrating an unreasonable lack of skill resulting in injury, loss, or damage to the patient Fraud –Intentional concealment of the facts from another person for an unlawful or unfair gain Component 1/Unit 6c12 Health IT Workforce Curriculum Version 1.0/Fall 2010

13. Professional Liability and Medical Malpractice (continued) The tort of negligence –Malficence- doing evil by performing wrong or illegal act –Misficence- improper performance of an otherwise proper or lawful act –Nonficence- failure to perform a necessary action Component 1/Unit 6c13 Health IT Workforce Curriculum Version 1.0/Fall 2010

14. Professional Liability and Medical Malpractice (continued) Negligence is based on the 4 D’s: –Duty –Dereliction of duty –Direct or proximate cause –Damages Component 1/Unit 6c14 Health IT Workforce Curriculum Version 1.0/Fall 2010

15. Professional Liability and Medical Malpractice (continued) Statute of Limitations –The period of time that a patient has to file a lawsuit –The court will not hear a case after that time limit has expired. –The clock starts running after the problem is discovered or should have been discovered. –This law varies by state Component 1/Unit 6c15 Health IT Workforce Curriculum Version 1.0/Fall 2010

16. Professional Liability and Medical Malpractice (continued) Good Samaritan laws –State laws that protect the liability of a health care professional when providing emergency care to a victim –These laws do not protect the liability of a health care professional at work. –These laws are to encourage health care professionals to help victims during emergencies Component 1/Unit 6c16 Health IT Workforce Curriculum Version 1.0/Fall 2010

17. Professional Liability Duty –Responsibilities established by the physician- patient relationship Duty of due care –Every healthcare professional owes a duty to act as a reasonable, prudent person with average intelligence would under the same or similar circumstances Component 1/Unit 6c17 Health IT Workforce Curriculum Version 1.0/Fall 2010

18. Professional Liability (continued) –A health care professional is held to the standard of care as exercised by similar health care professionals in the same or similar community or geographic region. –This standard never varies for a particular profession—physicians are compared with physicians, nurses compared with nurses, etc. Component 1/Unit 6c18 Health IT Workforce Curriculum Version 1.0/Fall 2010

19. Professional Liability (continued) Proximate cause- –There is a cause and effect relationship between the action of the health care provider and the injury to the patient Component 1/Unit 6c19 Health IT Workforce Curriculum Version 1.0/Fall 2010

20. Office of the Inspector General This office was created by the US Department of Health and Human Services to –Provide legal services to DHS –Represents the federal government in civil cases –Imposes monetary penalties on health care providers found guilty of fraud –Issues fraud alerts Component 1/Unit 6c20 Health IT Workforce Curriculum Version 1.0/Fall 2010