Legal Essentials and Patient Rights

Intro to Sonography

Physicians often choose to practice “defensive medicine” for fear of being sued.

• This results in numerous unnecessary tests and procedures in order to prevent lawsuit claims
  that he or she could have done more.
  

• Physicians may also choose not to order an effective test because of a high risk of
  complications.

Common law

Oldest form of law, it is ever evolving.

Statutory law

Includes statutes enacted by federal, state, or local governments. There are several classifications.

Administrative Law

This addresses statutes enacted regarding the power of agencies to regulate and enforce laws.

This includes ensuring licensure and practice regulations

Criminal Law

• This includes crimes against the state or society as a whole.
  

• Criminal acts include felonies and misdemeanors.
  

• Criminal cases are brought to suit by the government against a person or group of people charged with a crime.

Phases to a Lawsuit

pleading phase, discovery phase, and the trial.
Criminal background checks are used as part of clinical training.

Civil Law

This involves crime against an individual, including slander, libel, trespassing, and contract violation.
Civil law includes tort law.

Tort

a wrong committed against a person or property, which may result in physical injury, damage to personal property, or deprivation of liberty or freedom.

A tort can be the result of negligence or intentional misconduct.

Intentional Torts

Include assault, battery, false imprisonment, defamation of character, embezzlement, invasion of privacy, fraud, and infliction of emotional distress.

Embezzlement

is the illegal appropriation of funds in your care.

Invasion of privacy

is the interference of a person’s right to be left alone.

Fraud

Any attempt to deceive someone, including making false promises to patients.

The four Ds must be proven for a case:

duty, derelict, direct cause, and damages.

Malpractice is essentially professional negligence.

Good Samaritan Laws

Good Samaritan laws include protection for people who provide emergency to a stranger from civil or criminal liability as long as:

• The care is given in good faith
  

• The provider acts within his or her scope of practice
  

• The provider uses due care under the circumstances
  

• The provider does not bill for the service