The Legal Implications Of The Hospital Medical Staff

employer, professional regulatory body, and the law for an unwarranted breach of confidence, it is essential that any disclosure of information is done appropriately within the requirements of the duty owed to the patient” (Griffith, 2015, p.358). The law is very strict and nobody has the right to violate the patient's confidentiality and have access to the medical information without been authorized by the patient. For this action Kevin will need written authorization in order to have access to the records. According to the Code of Ethics for Nurses is the nurse who is charged with helping to preserve the patient’s privacy by only asking the questions that are clinically relevant. “Confidentiality is

When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the

In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.

For decades doctors have been revered, respected, and regarded as “saviors,” but what medical practitioners and health officials do not reveal is that there are some doctors that are unlawfully practicing medicine, and nothing is being done to stop them. Medical malpractice is the illegal or improper practice of medicine. Unfortunately, this is far too common. The people that are victims of malpractice often get no compensation for the problems a physician has created. Although doctors are trusted individuals and have a right to provide medical advice, perform surgeries, and prescribe medicine, patients should also be able to have more control and security in their medical dealings through new laws and regulations.

As a member of a medical professional team, you will work closely with many physicians. As you have read this week, guarding the physician-patient relationship is serious business.In this assignment you will practice what you have learned in chapters 5 and 7 in the Medical Law and Ethics textbook: * Federal privacy laws that pertain to healthcare and the "Patient's Bill of Rights" * Privacy, confidentiality, and privileged communications * Filing birth and death certificates * Examples of communicable diseases which must be reported to local, state and/or federal

McCall Ethics Case Study Jerry is Dr. Williams’s office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium and that the provider, a friend, calls in the medication prior to any flights. This type of request happens often and in slightly different scenarios, but the outcome should remain the same to avoid ethical and legal issues. This paper will review the case study to help resolve the problem at hand, refilling a prescription without provider authorization. Qualified Medical Training Understanding the definitions of a licensed practical nurse, LPN, and a medical assistant, MA is the first step to making a factual conclusion for this case study. Support staff to the provider cannot make decisions about medication refills for patients without a direct order from the provider. This action is outside the scope of practice for an LPN or MA. Licensed Practical Nurse An LPN is a role in support of the nurse or RN, a registered Nurse usually in a skilled nursing setting such as a hospital or long-term care facility. As defined by the National Federation of Licensed Practical Nurses, NFLPN, an LPN “means the performance for compensation of authorized acts of nursing which utilize specialized knowledge and skills and which meet the health needs of people in a variety of settings under the direction

According to Chief Justice Phillips’s opinion, the plaintiff, Sampson, needed to raise “a genuine issue of material fact that defendant Hospital was vicariously liable under the theory of ostensible agency for an emergency room physician’s negligence.” For that reason, we grant the BMHS’s request for writ of error due to the failure that the plaintiff was unable to establish vicarious liability based on the facts that the hospital had taken the reasonable and necessary steps to show its patients that the practicing physicians at the hospital were not employees or agents of the hospital (Phillips, 1997).

Title I of the Americans with Disabilities Act of 1990 (ADA) explicitly limits the ability of employers to use “medical examinations and inquiries” as a condition of employment and provides for all of

In March of 2004, a doctor at the Wyoming Medical Center had been reported by one of the nurses for leaving an operating room during a surgery. Narotzky v. Natrona County Memorial Hosp. Bd. Of Trustees, 610 F.3d 561 (10th Cir. 2010). He had left Robert Griffin, a physician’s assistant, who had authorization to assist in surgeries but only under direct supervision of a physician. Id. After receiving the filed complaint, the Medical Center launched an investigation and eventually terminated a group of physicians. Id.

The short answer is, no. Collecting and receiving information about a possible threat to public health is sanctioned under HIPAA Privacy Rule. Although permission is not needed to report a communicable disease, the patient is notified of exposure to prevent or control any epidemic. Often times the patient is encouraged to speak with their spouses/partners, if they refuse to do so, it falls under the physicians responsibility to seek out those partners. Public health and safety is very important.

There are unique ethical and legal obligations of the Emergency Room Physician. Commonly faced issues include patient “dumping”, organ donation, and Do-Not Resuscitate orders. These issues have ethical and legal considerations for the Emergency Room Physician in regards to their responsibilities and actions.

In this particular case, Mr. G has admittedly refused to inform his physician of his fall. Gina realizes at the next session that Mr. G’s pain is not associated with his back injury at work, and suggests for him to inform his doctor so he may receive a proper evaluation and treatment. Since Gina notices that his pain differs from his previous pain associated with his previous injury, which leads to a few ethic-heavy routes in which Gina must evaluate. If she continues to provide physical therapy to the patient, she may risk further injury to the patient since she is not a licenses physician as does not possess the ability to evaluate and treat the patient. This brings forth a difficult dilemma for the physical therapist, in which the best course

Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the

“Professional integrity derives its substance from the fundamental goals or mission of the profession” (Wakin, 1996, para. 15). Meaning to say, individuals seek for a professional’s valued and ethical advice to which the professional holds their responsibility to maintain and exceeds the level of their expertise. For example, a general practitioner will treat a variety of patients, from all different walks of life with a plethora of different problems. It is their duty to diagnose and treat the patient to the best of their professional ability without prejudice. Another aspect of their duties is the principle of patient confidentiality. Medical professionals are legally bound to not divulge any information provided to them by their patients.

Health care is a basic human right, and from an ethical standpoint the system in the United States is the most unjust and unequal in the Western world and paradoxically the most expensive as well. In contract, the conservative ideology of ethical egoism simply hold that all individuals have no moral duty except to act in their own self-interest, and therefore health care is a personal responsibility rather than that of the larger society. This is the type of mentality that denies universal coverage or, at best, forces individuals to buy private health insurance and allows the insurance industry to deny policies to those with preexisting conditions. Obama Care was designed to correct some of the worst of these abuses, but it still left the private health insurance industry in control of the system, without even a public option to compete with the private companies much less Medicare for all. Of course, this is often a cover for social control by the wealthy and powerful corporate interests, which is certainly the case with politics, society and the health care system in America. Even worse, the injustice of the system is borne most heavily by the poor, working class, and members of minority groups who lack health care coverage at work and cannot afford private insurance.