Medical Law remains, in America, an interesting and complicated legal area. There are many social groups; procedures and parties that contribute to the process of medicinal applications and therapies, overall. Such a vast range of health related needs, sometimes gets in the way of proper diagnoses and precision therapies. Medical Law attempts to make proper the imperfections of the social system. The following article addresses the subject of Medical Law more clearly.
The question arises, naturally: What is Medical Law? The law is comprised of rights and responsibilities, of skilled providers, in providing the patient with precision care. The main emphasis of the law covers four unique areas inclusive of: 1 Confidentiality, 2 Negligence, 3 Torts relative to medical treatment (Particularly Medical Malpractice), and Criminal Law and Ethics.
Providers have an Obligation in Maintaining Confidentiality:
Physicians and persons engaged in the area of physical and mental health have traditionally been obligated to practice confidentiality. The rapport of providing confidentiality with the patient, actually, dates back to the era of English Common Law. The traditional law has been codified during recent times. Anything that is disclosed, between the physician and the patient, during a diagnosis, therapy or when discussing a treatment plan is privileged information. The preceding is true except for when the patient expresses a desire to harm himself or herself when hearing, medical information that proves most unfavorable. The preceding applies to any harm that this same person may express–bringing to others, during the course of treatment or conversation.
HIPAA Makes Confidentiality very Significant with Regard to the Patient/Doctor Relationship:
The preceding said: the idea of confidentiality has been specifically reinforced with the birth of the Health Insurance Portability and Accountability Act or HIPAA. This is a federal law. Its purpose is to take care of a number of pertinent health-related issues in order to properly increase mobility and the connectivity—that makes up our culture. The act is designed, in way of providing legal safety nets, among other favorable aspects, and protects the confidentiality of the client’s medical and mental health record. The preceding Act provides for several new and formal requirements with regard to disclosure. It provides requirements, with regard to how health information is exchanged. The Act is designed to keep patient information highly confidential. The persons who violate this important Act face substantial liability—in so doing.
Adhering to the Dictates of the Law is Most Important for the Medical Care Provider:
Let us face it: Persons or medical care providers who diagnose other individuals with respect to health maladies, and provide treatment plans are held to high standards—higher than those individuals not engaged in the profession or the pedestrian, on the street, who may provide assistance to an individual suffering difficulties because of his or her poor health condition. The preceding stated: the fact, just mentioned, is why Medical Malpractice has become such an important element as it applies to Medical Law. Medical Malpractice is focused upon, a great deal, by the legal practitioner: when persons within the medical field do not follow therapies, or provide medicines, with the care and concern of the patient in mind. Medical Malpractice is relative when the medical professional is negligent in the diagnosis or treatment of a patient; and his or her negligence results in injury or, worse, to the individual whom he or she provided the therapy or diagnosis.
Other torts, cross over into the category of Medical law. In example, it is possible for the provider of services, to defame an individual, when providing less than honest information about that client’s overall health. Another example of an illegal action, on the part of the health care professional, is when he or she commits battery. The preceding example means that the professional provider of services goes ahead and engages in treatment anyway, once the patient has clearly refused the therapy. Many times, persons will refuse treatment due to religious beliefs. The medical professional, concerned about what may constitute, the patient correctly initiating a Medical Malpractice suit, is best advised to attain the services of a legal professional. The legal professional can review the practice of the health-care professional and advise the physician about the best approach in reducing possible liabilities.
Criminal law is part of Medical Law:
Ethics and criminal law have played a very significant role within the category of Medical Law during recent times. There has been an increase in what is described as “pill mills.”
The preceding entities give the good physician a bad reputation. The pill mill puts the client’s life at risk.
The entity is one where a bad doctor provides persons with prescription drugs. He or she hands out the prescription drugs as if he or she were dispensing candy. It is a term that is used by state and local authorities in order to describe a physician, clinic, or pharmaceutical location, prescribing and dispensing industrial strength narcotics, in an inappropriate fashion and for reasons that are not medically related. The pill mill is set up in a variation of ways; however, investigators state that most are disguised as pain-management clinics.
The venue will open up quickly and shut down just as quickly. Their quick departure happens so that the persons involved in the scheme can properly evade the authorities of law enforcement. The problem exists on a nationwide basis. Recent arrests have been made in New York state, Ohio state, and Chicago, Illinois. The highest concentration of pill mils are found in Texas and Florida according to the DEA.
The Federal Law takes a very dim view of a physician who prescribes pain medication without a legitimate reason. They also do not deal well with medical providers, who take it upon themselves, to prescribe prescription drugs outside of the normalcy of a regular medical practice. When a prescription is found invalid, the physician who prescribed it, can be charged with “trafficking drugs.” Drug trafficking is considered a felony. The possibility exists, that a health care provider, that prescribes drugs to a patient, without a valid reason, can face life in prison. It is naturally illegal, too, to prescribe drugs without the proper license. (Source: CBS News)
Conclusively: Health Care Providers must set the standard of esteemed and abundant professionalism.