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3- Legal Issues in Medical Professions

The document discusses legal issues in the medical profession, emphasizing the relationship between law and ethics, and defining various types of laws including criminal and civil law. It highlights the concepts of negligence and medical malpractice, detailing their implications for healthcare practitioners and patients. Additionally, it addresses medico-legal cases, confidentiality issues, and prevention strategies for legal complications in medical practice.

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moh.mobarak.moh.abdalla
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11 views19 pages

3- Legal Issues in Medical Professions

The document discusses legal issues in the medical profession, emphasizing the relationship between law and ethics, and defining various types of laws including criminal and civil law. It highlights the concepts of negligence and medical malpractice, detailing their implications for healthcare practitioners and patients. Additionally, it addresses medico-legal cases, confidentiality issues, and prevention strategies for legal complications in medical practice.

Uploaded by

moh.mobarak.moh.abdalla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Legal issues in medical

professions

Sara Omer A.Alabass, BDS


Lecturer of DPH Faculty of dentistry, U of MUST
Registrar of DPH, SMSB
MPH student, BNNICD
Introduction
- When we talk about legal issues we talk about law
which regulate all practices.
- Law is a result of the minimum level of shared
values or ethics of a community of people.
- Maintain public safety.
- Law and ethics are closely related.
Definitions
- Law is a body of rules to guide human action.
- Laws are “ rules of conduct, established and enforced
by authority, which prohibit extremes in behavior
so that one can live without fear”
Type of laws
1- common law
2- criminal law
3- civil law
Criminal Law
Involves crimes against the state
Criminal acts are classified as
either a felony (murder,
kidnapping) or misdemeanor
(reckless driving, shoplifting).
Civil Law
• Involves crimes against the person
• Includes a general category of laws known
as torts
Torts are either:
• Intentional (willful)
• Unintentional (accidental)
Tort ( harm) :
wrong committed against a person or person’s property.
Types of tort :
1- Intentional tort
Assault , Defamation of Character,
Fraud, Battery.
2- Unintentional tort
Acts that are committed with no intent to cause harm
but are done with a disregard for the consequences.

❑ The term negligence is used to describe such actions


when health care practitioners fail to exercise ordinary
care resulting in patient injury.

❑ Malpractice is the careless delivery of professional


services.
Negligence
- Failure to take proper care in doing something.
- Failure to take reasonable care or steps to prevent loss
or injury to another person. ( Abandonment, Delayed
treatment)
- Medical negligence is a complicated legal situation.
- If you find yourself involved in negligence proceedings,
you will need to understand the concept of negligence
and its consequences.
Medical malpractice
- Medical malpractice occurs when a hospital, doctor
or other health care professional, cause injury to a patient
through careless action.
- Malpractice might be the result of errors in diagnosis,
treatment, aftercare or health management.
- To be considered medical malpractice under the law,
the claim must have the following characteristics:
1- A violation of the standard of care .
2- The injury resulted in significant damages.
Examples of Medical Malpractice
 Failure to diagnose or misdiagnosis
 Misreading or ignoring laboratory results
 Unnecessary surgery
 Surgical errors
 Improper medication or dosage
 Poor follow-up or aftercare
 Premature discharge
 Not taking appropriate patient history
 Failure to order proper testing
 Failure to recognize symptoms
Consequences / effects of negligence
& malpractice
1- To patients?
2- To physician?
Importance of law
1- Provide more responsibility on health workers.
2- Assist in decision making.
3- Protection of professional practice.

Effect of law on practice


1- legal basis for professional practice licensing.
2- guideline for care
3- negligence & malpractice management
Medico legal issues
- Medico legal is something that involves both
medical and legal aspects.
- most of the doctors would come across what would
be called a medico legal case (MLC).
MLC defined as a case of injury or condition, etc.,
in which investigations by the law‑enforcing agencies
are essential to fix the responsibility regarding the causation
of the injury or ailment.
Cases that are to be treated as
medico legal
(1) All cases of injuries and burns ‑ the circumstances
of which suggest commission of an offense by somebody.
(2) all vehicular, factory, or other unnatural accident cases
specially when there is a likelihood of patient’s death.
(3) cases of suspected or evident sexual assault.
(4) cases of suspected or evident criminal abortion.
(5) cases of unconsciousness where its cause is not natural
or not clear.
Cases that are to be treated as
medico legal
(6) all cases of suspected or evident poisoning.
(7) cases referred from court.
(8) cases brought dead with improper history creating
suspicion of an offense.
(9) cases of suspected self‑infliction of injuries or attempted
suicide.
(10) any other case not falling under the above categories
but has legal implications.
Confidentiality Issues
 Use and Disclosure are two important concepts that must
be understood.

 Information is used when it moves within an organization.


(Applying, Utilizing, Examining, Analyzing)

 Information is disclosed when it is transmitted between or


among organizations.
The following information may be disclosed
without authorization:
• Medical researches
• Emergencies & Disaster Relief Services
• Law enforcement
•Organ and Tissue Donation Centers
Prevention of medico legal issues
Ensure:
 Informed consent (proper patient communication
and education, not just a signed form)
 Communication with patients/family (their
concerns, active listening).
 Record keeping (recording of not just the clinical
information but also the discussion the practitioner
has with the patient regarding to his/her condition)
 Confidentiality (by the entire team and support
staff)

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