Medical Law and Ethics
Lesson 1:
Law and Liability
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.
Criminal Law
Made to protect the public as a whole
from harmful acts of others
 Two categories:

◦ Felony
◦ Misdemeanor
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
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
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.
Civil Law

Concerns relationships between
individuals or between individuals and the
government
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.
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
Civil Law: Intentional Torts

Assault: Threat of immediate harm or
offensive contact or any action that
arouses reasonable apprehension of
imminent harm
Critical Thinking Question
1.
What is an example of assault in a
medical office?
Civil Law: Intentional Torts

Battery: Unauthorized and harmful or
offensive physical contact with another
person
Critical Thinking Question
1.
What is an example of battery in a
medical office?
Civil Law: Intentional Torts

False imprisonment: Intentional
confinement or restraint of another
person without justification and without
the person’s consent
Critical Thinking Question
1.
What is an example of false
imprisonment in a medical office?
Civil Law: Intentional Torts

Defamation of Character: Negative
statements made by others during
his/her lifetime
Critical Thinking Question
1.
What is an example of defamation of
character in a medical office?
Civil Law: Intentional Torts

Defamation of Character cont:
◦ Slander:
◦ Libel:
Critical Thinking Question
1.
What is an example of this slander or
libel in a medical practice?
Civil Law: Intentional Torts

Invasion of Privacy: The unauthorized
publicity of information about a patient
Film Pearson’s chapter 3

Protecting pt. privacy
Critical Thinking Question
1.
What is an example of invasion of
privacy in a medical practice?
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.
Critical Thinking Question
1.
What is an example of negligence in a
medical practice?
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
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
Critical Thinking Question
1.
What is an example of
contributory negligence in a
medical practice?
Civil Law: Unintentional Torts
 It
is easier to prevent negligence than
it is to defend it.
Contract Law

Contract: A voluntary agreement that two
parties enter into with the intent of mutual
benefit for both parties
Contract Law

Contract:
◦ must be mentally
competent
◦ must not be under
influence of drugs or
alcohol
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
Contract Law

Termination of Contract
◦ Treatment ends
◦ Fees paid
◦ Both physicians and patients have the
right to terminate the contract before
this point
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
Critical Thinking Question
1.
Why would one sue a physician? Give
some examples.
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

Standard of Care
Physicians may refuse to
treat
 once the MD accepts
the pt for tx, a
relationship has been
established

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
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
Standard of Care

If the physician
violates this standard
of care, he or she is
liable for
negligence
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
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

Critical Thinking Question
1.
What are some of these laws in your
state?
Medical assistants faq's
Malpractice

Professional misconduct or
demonstration of an unreasonable lack of
skill with the result of injury, loss, or
damage to the patient
Medical Malpractice

Signing a consent for treatment does not
mean that the patient agrees to
substandard treatment

Medical malpractice can include:
Medical Malpractice
 Common
malpractice cases:
◦ Birth injury:
◦ Cerebral palsy:
◦ Failure to diagnose:
◦ Medication errors:
◦ Wrongful death:
◦ Defective drugs or products:
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.
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

Critical Thinking Question
1.
What are examples of blatant negligence
for a physician or healthcare worker?
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

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)
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
Cont w/med law lesson 2 ppt