Professional Liability and Medical Malpractice

Professional Liability and Medical Malpractice

Healthcare Law

The first is the “doctor-patient confidentiality” rule of common law, which says a medical professional can’t talk about a patient’s health. The professional responsibility of secrecy applies not only to what a patient tells a doctor but also to any assumptions or viewpoints that a physician may come to on their own after analyzing or assessing a patient. All medical information, like x-rays, lab tests, etc., and conversations between a patient and a doctor must be kept private. It also usually applies to how patients and other people on the medical team talk to each other. A doctor who has a duty of confidentiality can’t tell anyone about a patient’s health without authorization. There are a few important exceptions to this rule, which we’ll talk about below.

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Defining Liability and Malpractice

Professional liability is the legal right a client must hold a service provider legally liable for harm caused by the provider’s carelessness or misconduct. Due to their expertise, professionals may be held to stricter standards in cases of negligence or wrongdoing. Thus, professionals must provide clients with all the information they need to know to avoid risks (Clarke, Professional liability laws 2018). Moreover, a practitioner is responsible for following their profession’s norms. To illustrate, a dentist will be subjected to the requirements applicable to dentistry, a knee surgeon to those of the field of orthopaedic surgery, and so on (Clarke, Professional liability laws 2018).

A particular type of personal injury claim known as medical malpractice involves the negligence of a doctor, surgeon, nurse, or other healthcare professional. The plaintiff must have suffered harm due to the medical professional’s breach of the professional duty of care to establish medical malpractice (Clarke, Medical malpractice liability 2018). Several standards of care are based on the professional’s experience, training, and medical knowledge. Medical malpractice examples include giving patients the wrong prescriptions, giving them bad advice, performing improper operations, and carelessly tampering with their bodies (Clarke, Medical malpractice liability 2018).

Three Areas of General Liability

As an employer, a doctor is responsible for things like the property’s condition, the vehicles, and the well-being of their staff. Care must be consistently and diligently applied by the standard and responsibility established. The term “standard of care” refers to the expected degree of competence displayed by medical professionals during their daily work. Health care providers have a duty of care to their patients and those who encounter their services (UCLA, General Liability Information 2017).

Except for medical negligence, which is covered under the Professionals Medical and Hospitals Liability Program, general liability encompasses bodily harm and damage to property to third parties as well as advertising harm; benefit plans liability and professional obligation. For instance, this self-insurance covers damage to equipment that the university has rented, carelessness in the administration of employee benefits, and injuries sustained by visitors who slip and fall and are hurt (if The Regents’ negligence caused the harm).

Auto Liability covers property damage and bodily injury to others (third parties) resulting from vehicles that The Regents own or lease if deemed liable. Injuries to the driver of a car hit from behind by a university truck, for example, and damage to the opposing party’s vehicle, are covered.

Employment Practices Liability will cover any damages that University employees may be due because of the employment relationship if it is found that The Regents are responsible. These damages, such as those brought on by wrongful termination, discrimination, and ADA violations, are separate from any claims an employee might bring through the workers’ compensation.

Roles and Purpose of Risk Managemen 

Risk management in the healthcare industry refers to the processes and procedures that healthcare organizations carry out to identify, mitigate, and plan for potential risks. Recognize its objectives, components, the part risk management plays, and other relevant particulars. In the context of the healthcare industry, the term “risk management” refers to the processes, procedures, and documentation utilized in clinical and administrative settings to keep track of, analyze, manage, and prevent dangers. To protect not just their patients but also their assets, market share, accreditation, levels of reimbursement, brand value, and reputation in the community, healthcare companies utilize risk management as a tool (Tucci, what is risk management and why is it essential? 2021).

The Centers for Disease Control and Prevention (CDC) illustrate risk management in the healthcare sector. According to their recently published study, the most critical risk factor for catheter-associated urinary tract infections is ongoing urinary catheter use. This information prompted the implementation of a risk management approach that required routine catheter examinations by physicians. As a result, the patient risk decreased (Catalyst, What is Risk Management in Healthcare? 2018, 2018). Because every healthcare company faces a unique set of challenges, no one risk management approach works for all. But while developing a risk management strategy, there are critical factors to consider and significant risk management ideas in the healthcare industry. The challenges that administrators face should be addressed in a risk assessment plan, including but not limited to:

Patient security

enforceable federal laws

Possibility of medical error

Current and upcoming policy

legislation affecting the healthcare Industry

The duties of a healthcare manager include handling existing problems and making plans for upcoming events. The potential consequences of being ineligible for future issues could be significant and protracted. Failure to fully execute risk management procedures may affect patient care quality, increase liability risks, and cause financial losses (Catalyst, What is Risk Management in Healthcare? 2018, 2018). Therefore, possible threats must be evaluated in light of their potential for harm. Based on the risk assessment, a management strategy unique to the company should be developed, implemented, and tracked (Catalyst, What is Risk Management in Healthcare? 2018, 2018).

References

Catalyst, N. E. J. M. (2018, April 25). What is risk management in healthcare? NEJM Catalyst. Retrieved October 2, 2022, from https://catalyst.nejm.org/doi/full/10.1056/CAT.18.0197

Clarke, P. (2018, June 18). Medical malpractice liability. LegalMatch Law Library. Retrieved October 2, 2022, from https://www.legalmatch.com/law-library/article/medical- malpractice-liability.html

Clarke, P. (2018, June 27). Professional liability laws. LegalMatch Law Library. Retrieved October 2, 2022, from https://www.legalmatch.com/law-library/article/professional-liability- laws.html#:~:text=Professional%20liability%20refers%20to%20the,knowledge%20in%20their %20particular%20fi

Judson, K. (2020). Law & Ethics for Health Professions (9th ed.). McGraw-Hill Higher Education (US). https://coloradotech.vitalsource.com/books/9781260476736eld.

Tucci, L. (2021, October 12). What is risk management, and why is it important? SearchSecurity. Retrieved October 2, 2022, from https://www.techtarget.com/searchsecurity/definition/What-is-risk-management-and-why-is-it- Important

UCLA. (2017, September 28). General Liability Information. Insurance & Risk Management. Retrieved October 2, 2022, from https://irm.ucla.edu/general-liability/general- liability-information

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The Medical Staff Coordinator has again called upon your expertise in the area of healthcare law. You have been asked to provide a written discussion on professional liability and medical malpractice. You are asked to provide the information outlined below and use research (at least two sources) to substantiate your discussion.

Professional Liability and Medical Malpractice

Define liability and malpractice.

Summarize the three areas of general liability for which a physician/employer is responsible.

Discuss the role and purpose of risk management.

Use APA formatting and citation standards. Use at least two (2) scholarly references published within the last 5 years to substantiate your work.