Comprehensive Guide to Healthcare Law, Ethics, and Professionalism

Constitutional Law

Highest law in the country, precedence over all state laws.

Common Law

Made by judges, judicial interpretation of other cases (legal precedent).

Statutes

Usually start as bills, made by legislature.

Administrative Law

Defines powers and procedures when agencies are created.

Tort

Civil wrong committed against person or property, such as Medical Malpractice.

Assault

Threat, not informed consent.

Battery

Actual bodily harm.

False Imprisonment

Leaving against medical recommendations, such as signing statements against dilation.

Defamation

Includes libel (published prints or broadcasting) or slander (speaking damaging words intended to prejudice others against another).

Fraud

Includes miracle cures and false billing with Medicare or Medicaid.

Invasion of Privacy

Related to HIPAA regulations.

Negligence

Unintentional tort, more common in healthcare, not meeting Standard of Care.

Contract

Legally binding agreement between parties, breaches of contract can occur.

Agreement

Mutual consent from both parties involved in a contract.

Consideration

Something of value that is bargained for in a contract.

Legal Subject Matter

The subject of the contract must be legal services.

Contractual Capacity

Parties must be competent to enter into a contract.

Expressed Contract

Explicitly written or spoken agreement.

Implied Contract

Unspoken agreement inferred from actions.

Duty Not to Abandon Patients

Healthcare providers must ensure appointment availability.

Standard of Care

Level of performance expected, similar skills and treatment that someone else would have or do.

Respondeat Superior

Employers are liable for the acts of their employees.

Felony

Serious crime punishable by death or imprisonment.

Misdemeanor

Less serious crime punishable by fines or imprisonment in a facility.

Malpractice

Negligence or wrongdoing by a professional.

Unintentional negligence

Most common malpractice.

Medication errors

Leading reason for preventable medical errors/deaths.

Feasance

The performance of an act.

Mal

Wrong or illegal.

Mis

Lawful, but done illegally or improperly.

Non

Failure to do necessary action (e.g., CPR).

Four D's of Negligence

Duty, Dereliction, Direct Cause, Damage.

Res Ipsa Loquitur

The thing speaks for itself; doesn't require witness, obvious.

Fee Splitting

Paying each other for referrals.

Defensive Medicine

Ordering more tests to help protect against lawsuits, increasing healthcare costs.

Informed Consent

Patients have the right to refuse treatment for any reason.

Reasonable Physician Standard

Standard of care expected from a competent physician.

Medical Records

Legal document containing patient information.

EMR

Digital version of paper chart.

EHR

Information shared between different providers, encompassing all of patient's health care.

HIPAA

Confidentiality and privacy of health information.

Privacy Rule

Protected Health Information (PHI) must be protected.

NPP

Notice of Privacy Practices - post how health information will be used.

Security Rule

Technical and physical standards to help protect health information.

HITECH

Required HIPAA covered entities to inform individuals affected by health information breach.

Professionalism

Attributes, behaviors, commitments, values, and goals of a professional.

Digital Professionalism

Professional conduct in digital and social media contexts.

Dual-citizen model

One professional and one personal account.