Legal Issues facing Healthcare Employees Medical Therapeutics Gibson County High School
Learning Objectives for Standard 2 Compare and contrast the specific laws and ethical issues that impact relationships among patients and the healthcare professional Explain characteristics of advanced directives, living wills, durable power of attorney, and other legal directives governing medical treatment. Explain, using domain-specific language and accurate definitions of legal concepts, how the content of these legal documents impacts patients rights for all aspects of care. At the conclusion of class today I CAN: Identify malpractice issues in healthcare and how they affect the every day operations of healthcare Define key terms that are used within medical law compare and contrast advanced directives, living wills, durable power of attorney and give examples of how they are used in healthcare
Medical Malpractice Act Statute or law regulating the practice of medicine Safeguards patient s safety and privacy Responsibility of all personnel in health care
Licensure Regulation to ensure competence May vary from state to state Renew and pay every 2 years Continued education
Revoking a License Conviction of crime such as a felony or fraud Unprofessional conduct, such as, addiction, breach of confidentiality, false advertising, unethical behavior, inability to perform duties, or fee splitting
Respondent Superior Let the master answer Physicians are legally responsible for their employees Hospitals carry malpractice insurance for it s employees Employees should have their own malpractice insurance Certification ensures competence
Scope of Practice The range of services a professional can offer based on education, training, ability, and licensure For example, medical assistants are trained to assist with minor surgery medical assistants cannot perform surgery!
Standard of Care The minimum safe professional conduct under specific conditions as determined by professional peer organizations Failure to perform is negligence Omission: failure to use good judgment that results in harm to the patient Commission: performance of improper act that results in harm to patient Unintentional tort: negligence resulting in harm to a patient
Consent Implied consent patient consents to treatment through actions What would be an example of implied consent? Informed consent written form, signed by patient explaining procedure or treatment, who will perform, risks, and expected results When would informed consent be necessary?
Barriers to Informed Consent Interpreters may be necessary if a patient is hearing impaired or speaks a different language Good Samaritan law protects emergency personnel when a patient may not be able to speak or give consent When might the Good Samaritan law be used?
Malpractice Medical form of negligence proven by four criteria, the 4 D s Duty: must prove relationship existed (how?) Dereliction of duty: Must prove standard of care was not met (Use of expert witness) Direct cause: Damages suffered were a direct result of action in question Damage: must prove injury occured
This patient received an overdose of an antibiotic, which was ultimately the fault of the pharmacy the pharmacist and the pharmacy tech. She developed Stevens Johnson syndrome, which, to describe it in layman s terms, burns you from the inside out.
This is the patient now
The Lawsuit Process Subpoena legal document requiring appearance in court or for a deposition Deposition formal gathering of information Trial information is gathered, date is set by court, expert witnesses, jury, verdict, and settlement Malpractice insurance mandatory in most states
A patient who brings a lawsuit against the physician is the plaintiff, the person who seeks monetary damages for the tort allegedly committed against him or her. The plaintiff will hire a lawyer to represent him or her in court. The accused physician is the defendant, the person who must defend or explain his or her actions before the court. Employees need to have their own insurance and not just be covered under the facility s plan.
Intentional Torts: gross negligence, a form of negligence that involved an intentional act or failure to act that causes harm; MALPRACTICE INSURANCE DOES NOT COVER INTENTIONAL TORTS Assault threat or perceived threat of bodily harm to another person Battery touching inappropriately without permission Defamation slander False imprisonment holding a patient against his or her will Fraud intentional misrepresentation of facts for financial gain Invasion of privacy release of private information
Criminal Law Protects the safety and welfare of the public Determines what is legal and illegal The crime is considered to be against society or the state
Civil Law Private law Protects the rights of individuals Most commonly exercised type of law in ambulatory care
Patient Noncompliance Physician and patient enter into contract Physician responsible for diagnosing and treating patient, being available for patient care and communication, and arranging for different physician if absent Patient responsible for truthfully relating medical history, following treatment recommendations, and keeping appointments Patients who fail to comply with treatment recommendations cannot expect the treating physician to be responsible for the outcome of their care
Patient Noncompliance Either party may end the physician patient contract Physician must send certified letter to patient If physician does not follow proper procedure, abandonment may be charged
Statute of Limitations Determined by each state Determines length of time during which a lawsuit may be filed Medical records Accurate documentation
Risk Management Medical staff and physician can best defend against medical malpractice lawsuits by preventing lawsuits from occurring Accurate, complete documentation provides the best back up Proper documentation, presenting reasonable expectations, and being kind and empathetic toward patients all decrease the risk of a malpractice lawsuit.
Confidentiality Patient s medical and personal information used for treatment, payment, and administrative operations Need to know Authorized release of information HIPAA confidentiality and access
Exceptions to Disclosure Rules Court order such as workers compensation Impact on public safety such as reporting communicable diseases and abuse Harm to patient or another individual may result Organ donor Vital statistics such as births and deaths
Reporting Abuse Healthcare professionals are required by law to report all suspected abuse Procedures and forms vary from state to state Follow office policy and procedure manual
Child Abuse Neglect child unattended, needs are not being met Emotional abuse caregiver yells at child, fails to provide affection and attention Physical abuse bruises, cigarette burns, and bites Sexual abuse painful urination and unusual sexual knowledge for child s age
Elder Abuse Neglect unclean or unsafe living conditions, poor hygiene, and weight loss Physical abuse frequent injuries, bruises, and patient s fear of the caregiver
Durable Power of Attorney Legal document that is effective when a patient is unable to speak for himself or herself or make medical decisions Patient names another to make decisions States have standard forms What happens when someone has not appointed a durable power of attorney?
Living Will Document outlining type of care a patient requests in the event of severe injury Life support, feeding tubes, medications, kidney dialysis, ventilators, organ donation, etc. https://www.youtube.com/watch?v=1rmlg JxdpMk
Can you? Explain Medical Malpractice Act and discuss what this means for physicians Identify who should have durable power of attorney and living wills in place Discuss what you would do if you suspect abuse when you are interviewing a patient What type of court are most medical malpractice lawsuits tried in? Why? What are the the 4 D s? Why are they important?