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