This type of relationship can be thought of as a contract between the patient and the doctor. Therefore, health professionals need to be aware of the relevant provisions of contract law. A professional in both fields may aim to be a general practitioner or specialist in a narrow part of the broad professional field. The general practitioner of one of these professions refers his complicated clients to specialists, legal or medical. “Medical malpractice is a legal error made by a physician or surgeon. It results from the inability of a physician to guarantee the quality of care required by law. When a physician undertakes to treat a patient, he or she assumes a legally binding obligation to use minimal medical judgment and provide care of minimum competence in the provision of services. A doctor does not guarantee recovery. A competent physician is not responsible per se for a simple error in judgment, misdiagnosis or the occurrence of an adverse result. 11 Perhaps the most well-known medical law is the Health Insurance Portability and Accountability Act (HIPAA). The majority of patients understand that HIPAA protects their privacy when it comes to medical treatments and records. However, HIPAA also goes beyond this protection.
HIPAA also offers “the ability to transfer and maintain health insurance coverage [if.] employees . change jobs or lose their jobs; reduces fraud and abuse in health care; and imposes industry-wide standards for health information through e-invoicing and other processes” (California Department of Healthcare Services). Given the breadth of HIPAA and the complexity of implementing HIPAA policies, it`s no wonder that a separate healthcare professional with an MBA is needed to ensure healthcare organizations are compliant. Everyone hopes their doctors are aware of applicable laws and ethical concerns in health care. Because without these guidelines, medical malpractice would go unpunished and, more importantly, lives would be lost. All doctors take an oath to “do no harm,” and the concept seems simple. However, the reality of health care laws and ethics is much bleaker. Law and medicine go hand in hand. These two areas are linked. Physicians who have also studied law are able to confidently answer medico-legal questions. Studying law is always an advantage for medical professionals.
In this modern age of technology, there are a variety of careers. A career in a technical profession, legal profession, judiciary, teaching profession, medical profession, civil service, social workers, etc. are some of the career opportunities. In summary, the concept of standard care has evolved over the years and will continue to change as legal theory develops in this area. Hopefully, this will lead to greater certainty and clarity, which is the stated purpose of any law. The bad news is that there are several important cases where it is suggested that even if a practice is not standard, if it is reasonable, a physician can be found guilty of not following that course of action. The good news for physicians is that in recent cases, the courts have often confirmed that the standard of care is what a physician with little competence in the same field would do in the same situation with the same resources. These recent cases also indicate that poor outcomes are to be expected and that not all entities can be expected to be diagnosed. Finally, clinical practice guidelines are more commonly used in court proceedings to support the standard of care.
however, their acceptance and use are constantly changing, deciding on a case-by-case basis (Table 2). In addition, there are certain laws that the person in this profession must know. Many of these health administrators earn a graduate degree, such as an MBA, before joining a healthcare organization. For those already working, an online MBA program may be the right option. The flexibility of online courses allows these professionals to immediately apply what they have learned in the program and help eliminate fraud and other unethical practices from the healthcare industry. It takes more than doctors and nurses to provide patients with quality health care. Health managers, medical assistants, medical administrative assistants, billing and coding specialists, and many other trained professionals work tirelessly to keep healthcare facilities running smoothly. Whether in direct or indirect contact with patients, all of these members of the healthcare team can have a positive impact. Therefore, they all need to know and comply with health care laws and regulations. If you plan to start a rewarding career in healthcare, you will need to learn the health laws behind acronyms such as HIPAA, HITECH, EHR, etc.