Legal and Ethical Aspects of Healthcare

Health Ethics

• Ethics.
• Morality.
• Ethical theories.
• Principles of healthcare ethics.
• Virtue ethics and values.
• Religious ethics and spirituality.
• Secular ethics.
• Ethics committee.
• Reasoning and decision making.
• Moral compass gone astray.
• Summary thought.

Tort Law – Negligence

• Objectives of Tort Law.
• Negligence.
• Forms of negligence.
• Degrees of negligence.
• Elements of negligence.
• Summary case.

Intentional Torts

• Assault and battery.
• False imprisonment.
• Defamation of character.
• Fraud.
• Invasion of privacy.
• Infliction on mental distress.
• Products liability.

Criminal Aspects of Health Care

• Criminal procedure.
• Healthcare fraud.
• Kickbacks.
• Tampering with drugs.
• Internet pharmacy and sale of drugs.
• Falsification of records.
• Patient abuse.
• Criminal negligence.
• Manslaughter.
• Murder.
• Rape and sexual assault.
• Theft.

Contracts and Anti-trust

• What is a contract?
• Types of contracts.
• Elements of a contract.
• Breach of a contract.
• Corporate contracts.
• Partnerships.
• Independent contractor.
• Legality of object.
• Conditions.
• Performance.
• Non-performance defences.
• Remedies.
• Employments contracts.
• Medical staff bylaws: A contract.
• Exclusive contracts.
• Restraint of trade.
• Hospital staff privileges.
• Transfer agreements.
• Insurance contract.

Civil Procedure and Trial Practice

• Pleadings.
• Discovery.
• Motions.
• Pretrial conference.
• Notice of trial.
• Memorandum of law.
• The courtroom and the judge.
• The jury.
• Subpoenas.
• Burden of proof.
• Res Ipsa Loquitur.
• Opening statements.
• Examination of witnesses.
• Judicial notice rule evidence.
• Defences against plaintiff’s allegations.
• Closing statements.
• Judge’s charge to the jury.
• Jury deliberation and determination.
• Awarding damages.
• Joint and several liabilities.
• Appeals execution of judgments.

Corporate Structure and Legal Issues

• Authority of corporations.
• Corporate committee structure.
• Corporate ethics.
• Corporate negligence.
• Doctrine of respondent superior.
• Governing body responsibilities.
• Corporate reorganization.

Medical Staff Organization and Physician Liability

• Principles of medical ethics.
• Medical staff organization.
• Medical director.
• Medical staff privileges.
• Common medical errors.
• Patient assessments.
• Diagnosis.
• Treatment.
• Discharge and follow-up care infections.
• Psychiatry.
• Physician-patient relationship.

Nursing and the Law

• Scope of practice.
• Nurse licensure.
• Nursing careers.
• Advanced practice nurses.
• Legal risks of nurses.
• Duty to question discharge.
• Duty to report physician negligence.

Hospital Departments and Allied Professional

• Emergency department.
• Chiropractor.
• Dentistry.
• Laboratory.
• Medical assistant.
• Medical imaging.
• Nutritional services.
• Paramedic.
• Pharmacy.
• Physical therapy.
• Physician’s assistant.
• Podiatrist.
• Respiratory therapist.
• Security.
• Certification of healthcare professionals.
• Helpful advice for caregivers.

Patient Consent

• Introduction.
• Informed consent.
• Physicians and informed consent.
• Hospitals and informed consent.
• Nurses and informed consent.
• Validity of consent.
• Assessing decision-making capacity.
• Admission consent forms.
• Consent for specific procedures.
• Limited power of attorney.
• Who may consent.
• Incompetent patients.
• Right to refuse treatment.
• Exculpatory agreements.
• Proving lack of consent.
• Informed consent claims and defences.

Legal Reporting Requirements

• Abuse.
• Child abuse
• Senior abuse.
• Communicable diseases.
• Hospital-acquired diseases.
• Hospital-acquired infections.
• Births and deaths.
• Adverse drug reactions.
• Physician competency.
• Incident reporting.
• Sentinel events.
• Look closer, see me.

Medical Records

• Information management.
• Medical record contents.
• Documentation of care.
• Privacy act of 1974.
• Health insurance portability and accountability act.
• Ownership and release of medical records.
• Failure to use patient data gathered.
• Retention of records.
• Electronic medical records.
• Legal proceedings and the medical records.
• Confidential and privileged communications.
• Charting: some helpful advice.

Procreation and Ethical Dilemmas

• Abortion.
• Sterilization.
• Artificial insemination.
• Surrogacy.
• Wrongful birth, life, and conception.

Acquired Immune Deficiency Syndrome

• Spread of AIDS.
• Healthcare workers transmission.
• Confidentiality.
• Discrimination.
• AIDS-related lawsuits.
• AIDS treatment.
• AIDS education.

End-of-Life Issues

• Patient autonomy and case law.
• Constitutional right to refuse care.
• Legislative response.
• Defining death.
• Futility of treatment.
• Do-not-resuscitate orders.
• Withholding and withdrawal of treatment.
• Euthanasia.
• Physician-assisted suicide.
• Advance directives.
• Autopsy.
• Organ donations.
• Research, experimentation, and clinical trials.
• Human genetics.
• Stem cell research.

Patient Rights and responsibilities

• Patient rights.
• Patient responsibilities.

Labour relations

• UK department of labour,
• Unions and healthcare organizations.
• National labour relations act.
• Norris-LaGuardia Act.
• Labour-management reporting and disclosure act.
• Fair labour standards act.
• Occupational safety and health act.
• Rehabilitation act.
• Family and medical leave act.
• State labour laws.
• Workers’ compensation.
• Labour rights.
• Management rights.
• Affirmative action plan.
• Patient rights during labour disputes.
• Injunctions.
• Administering collective bargaining agreement.
• Discrimination in the workplace.

Employment at Will and Discharge

• Employment at will.
• Public policy issues and termination.
• Termination.
• Unemployment compensation denials.
• Wrongful discharge.
• Defending a claim for unfair discharge.
• Fairness: The ultimate test.
• Effective hiring practices.

Employee Rights and Responsibilities

• Employee rights.
• Employee responsibilities.
• The Caregiver’s Pledge.

Professional Liability Insurance

• Insurance policies.
• Liability of the professional
• The insurance agreement.
• Intentional Torts: coverage denied.
• Conditions of insurance policies.
• Medical liability insurance.
• Self-insurance.
• Trustee coverage.
• Mandated medical staff insurance coverage.
• Investigation and settlement of claims.

National Health Insurance Managed Care

• National health insurance.
• Veteran care.
• Managed care.
• Models of managed care organizations.
• Federally qualified HMO.
• State laws.
• Case management firms.
• Third-party administrators.
• Utilization review.
• Liability for nonparticipating physicians.
• Employee retirement income security act.
• Reducing exposure to liability.
• Healthcare quality improvement act of 1986.
• Ethics in patient referral act 1989.
• Managed care and legal actions.
• Price fixing.
• Market power.

Tort Reform and Risk Reduction

• Mediation and arbitration.
• Structured awards.
• Pretrial screening panels.
• Collateral source rule.
• Contingency fee limitations.
• Countersuits: Frivolous Claims.
• Joint and several liabilities.
• Malpractice caps.
• No-Fault System.
• Regulation of insurance practices.
• Statutes of limitations.
• Reducing the risks of malpractice.
• Physician participation in Tort Reform.