“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 All relevant data in the form of one year or more of the accused physician`s clinical records are collected and details discussed with the accused. This discussion with the accused physician helps the peer review committee decide on further steps to consider prior to the formal review process (Cohen, 2009). Dr. Paul Harper was licensed to provide surgical and primary health care services to Healthsource patients from 1985 to 1989 (Bunting 2010). In 1989, Healthsource changed its contract with Dr. Harper to serve only as a primary care provider.
In 1994, Dr. Harper was informed without notice that his contract with Healthsource had been terminated because he could not meet certain eligibility criteria. Before notifying Harper, he had pointed out some irregularities in the records of some patients. A brief discussion of the use of clinical practice guidelines (CPMs) as the definition of the standard of care is warranted. In-depth reviews on the subject are available to the interested reader.9,14–16 Several court cases have involved the use of TPMs, and there is currently no established standard for the use of these documents in court proceedings. Some courts allow for a more liberal use of CPGs, others require further consideration of the scientific validity of CPGs before they are approved. Normally, a document such as a CPG would be considered “hearsay” in court because the author is not available to testify or allow cross-examination. However, court cases dealing with the use of GICs have suggested that if the guidelines are scientifically valid, they can be used as “scholarly treatises” and circumvent the hearsay rule. CPMs can be used to give credibility to an expert, to accuse an expert, to defend a physician who followed the document as a standard of care, or to suggest that a deviation from the document is a deviation from the standard of care. Ultimately, an expert`s explanation of why a GIC is indicative or not, an indication of the standard of care, is a long way to go in a court case.
If one party uses a CPG in a court case, it is the responsibility of the other party to ensure that the jury is adequately explained why it may or may not represent the standard of care. This is an evolving issue that is currently being dealt with on a case-by-case basis. Given the complex issues involved in formulating TPMs, it now seems optimal that the committees developing these guidelines allow for flexibility, involve multiple sources of scientific value, and not depend on the advice of a relatively small group. In addition, if it is scarce, clear evidence should be openly acknowledged when developing the guideline. Required Disclaimer: The Healthcare Training Academy (D/B/A CardiacEd) is an accredited nursing education provider of the New Jersey State Nurses Association, an accredited approver of the American Nurses Credentialing Center Accreditation Commission. Non-nursing professions should consult their respective boards to ensure that care loans are acceptable for your skills renewal needs. If you are not a nurse and are taking advantage of this educational loan program, please check the acceptance of your board before registering for this event, as no refunds will be given. If the credit is not accepted, you can register. Access to this program is possible immediately from the moment your payment is processed. We recommend that you register online to create your own username and password. As this is a special event, there is no refund, transfer or credit.
Therefore, please check if you can participate and if you are interested in this program before registering. Emergency physicians should be aware of these landmark cases that set the standard of care. In addition, physicians should be aware of the content of the various clinical practice guidelines so that they can practice within them or document the reasons for deviations from them. Each state will also have statues that define wrongdoing in very specific terms. Physicians should review relevant laws based on the state in which they practice. By practicing with these concepts in mind, an emergency physician can feel more confident in daily practice and in cases of malpractice. With this basic knowledge, the doctor facing a trial can help his legal team optimize his defense. “The mere fact that the applicant`s expert may apply a different approach should not be seen as a deviation from the recognized level of medical care. The standard is also not violated because the expert disagrees with a defendant on the best approach to treating a patient. Medicine is an inexact science, and in general, qualified doctors may be different, which is a preferred treatment. These differences are due to preference. do not constitute professional misconduct.
In cases where strict disciplinary action is taken, revalidation of results is another important step. The CEO would ask the Executive Medical Committee to appoint a special committee composed of other medical staff to review and investigate the findings of the peer review committee. The members of the ad hoc committee are chosen by the Chief Medical Officer (Upenieks 2010). Scarrow, P. (2009). Interview with a quality guide: Janet Corrigan on the work of the National Forum on Quality. Journal for Healthcare Quality, 31(1), 18-20. The accused physician has the right to appeal to the peer review committee within ten days of receiving the committee`s final decision. The complaint must be made in writing and clearly state the reasons for the complaint. Possible grounds for appeal are as follows: In summary, the concept of due diligence has evolved over the years and will continue to evolve 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). The Stark Act is one that only those with an advanced understanding of health care administration and law have heard of. The Stark Act is another safeguard against fraud. Unethical practitioners may try to deceive the government by referring a patient to a family member or financial partner, thereby giving the attending physician a financial reward. This kind of unethical practice could be widespread if directors did not control it.
Most online MBA programs in healthcare cover this form of unethical behavior and how to prevent it. 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. Since physicians are busy caring for patients every day, another professional is needed to oversee the ethical functioning of a medical facility. Enter the MBA in Health Administration. Healthcare professionals with an MBA in Health Care understand the intricacies of medical ethics and laws, as well as ways to ensure compliance with these important guidelines. Below are some of the most important laws that affect healthcare and its ethical applications. It also highlights the importance of U.S. jurisprudence by identifying jurisprudence that involves limiting or repealing the privileges of a physician`s medical staff.
Finally, it concludes with an appropriate conclusion. Although violating the aforementioned Stark Act is not a criminal offense, it does not comply with the anti-bribery law.