Sources of Law
Constitutional, Statutory, Regulatory, and Common Law
Purpose of law
set rules by law for everyone to follow.
Client’s right to privacy
1.Determine the facts 2.Define the precise ethical issue 3.Identify the major principles, rules, and values 4.Specify the alternatives 5.Compare values and alternatives 6.Assess the consequences 7.Make a decision
Federal Law VS State Law
Federal Law pre-empts State Law. Federal Law is higher or comes before State Law
Offer, Acceptance and consideration
Medical Patients Rights Act
provides that all patients have the right to have their personal privacy respected and their medical records handled with confidentiality.
Testifying in court
ALWAYS tell the truth, Stay calm, no opinions
A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors.
Requirements for Licensure
18 or older; graduate of an accredited school of PT; pass board examination
Approval or sanction
A list of individuals on an official record who meet the qualifications for an occupation.
A physician already licensed in one state may be granted a license to practice in another state.(A when second state believes requirements are equivalant)
an examined license
– taking back offer.
Legal theory that provides that the statute of limitations begins to run at the time the injury is discovered or when the patient should have known of the injury
A primary care physician who acts as a coordinator of all care for patients
Managed Care Organization
an agency that provides managed care service
How they limit MCO
Choice of physicians by referral
Health Maintenance Organization-Pre-Determined Fees, A group plan offering prepaid medical care to its members
Preferred Provider Organization-Co-Pays-, Can see someone outside of network
Exclusive Proveder Organization-Fee-for-service-Combines concepts of HMO and PPO.
Diagnosis Related Group- Medicare institutes , used by insurance companies for reimbursement
An agreement to pay a fee to another physician or agency for the referral of patients; this is illegal in some states and is considered an unethical medical practice.
Patients Bill of Rights
Rights of consideration and respectful. Rights to make decisions
Have to give consent…Allowed in most states
confidential information that has been told to a physician (or attorney) by the patient
Patient has the right to self determination prior to medical necessity.
DO NOT RESUSCITATE
Durable Power of Attorney
a legal agreement that allows an agent or representative of the patient to act on behalf of the patient
All persons under 18 years of age
Agreement, permission to do something
Plaintiff must prove defendant did, most common defense if defendant caused harm or injury
legal responsibility for ones actions
Assumption of Risk
A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
Law Of Agency
Medical employee acting on behalf of employer
Borrowed servant doctrine
a special application of respondeat superior in which an employer lends an employee to someone else.
The Health Insurance Portability and Accountability Act, a federal law protecting the privacy of patient-specific health care information and providing the patient with control over how this information is used and distributed.
An unintentional wrong in which a person did not act in a reasonable and careful manner and a person or the person’s property was harmed
4 Ds Of Negligence
duty, dereliction, direct or proximate cause, and damage
A moral or legal obligation; a responsibility
neglect of duty; abandonment
Direct or Proximate
the injury was proximately or closely related to the physicians negligence
injuries/damages caused by defendant
(n) an illegal act, especially by a public official
Improper performance of a lawful act
Failure to perform an action
Types of Damages
Compensatory and punitive and nominal
Intended to punish; penalizing
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
(adj) token awarded by court
Let the master answer
Guardian ad Litem
court appointed guardian to represent a minor or unborn child in litigation
In loco parentis
in place of the parents when possesses their legal rights and benefits
“The thing has been decided.” A claim cannot be retried between the same parties if it has already been legally resolved.
Res ipsa loquitur
“The thing speaks for itself
“Let the decision stand”