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Designed to provide a foundation of law and ethics, Law, Liability, and Ethics for Medical Office Personnel applies these concepts to real-life situations in the health care environment. Case studies from actual legal procedures illustrate key points of law as well as ethical dilemmas faced in the medical office. This book helps medical assisting students interact with the legal profession, recognize when they need legal advice, and protect their future employers from medical malpractice complaints.
PREFACE 1. FROM EXAMINING ROOM TO COURTROOM Importance of Legal Knowledge to Medical Office Personnel; Duty of the Physician; Standard of Care; Parameters of Responsibility in the Medical Office; Practicing Medicine 2. FUNCTIONING WITHIN THE LEGAL SYSTEM The Hierarchy of Law; Administrative Law; Common Law; Medical Malpractice; Preparing A Case for Court; The Art of Examination 3. CRIME AND PUNISHMENT: INTENT MAKES THE DIFFERENCE Division Between Criminal and Civil Law; Criminal Causes of Action Involving Health Care Personnel; Civil Causes of Action—Intentional Torts 4. YOUR WORDS MAY FORM A CONTRACT Formation of a Contract; Classification of Contracts; Breach of Contract; Agency; Patient Self-Determination Act (PSDA); Termination of Contracts 5. ANATOMY OF A MEDICAL MALPRACTICE CASE Negligence or Malpractice?; Elements of a Civil Malpractice Suit; Informed Consent; Impact of Medical Malpractice Suits; Analysis of the Problem; Practicing Preventive Medicine in the Medical Office; Defenses to a Medical Malpractice Cause of Action; Malpractice Insurance; Product Liability 6. HEALTH CARE IS BIG BUSINESS Business Structures of Medical Practice: Managed Care; Telemedicine; Government Regulation of the Medical Practitioner; Employment Law; Family and Medical Leave Act (FMLA); Americans with Disabilities Act (ADA); Telecommunications; Federal Age Discrimination Act (FADA); Equal Pay Act; Fair Labor Standards Act (FLSA); Workers' Compensation; Social Security; Employee Retirement Income Security Act (ERISA); Health Insurance Portability and Accountability Act of 1996 (HIPAA); Occupational Safety and Health Act (OSHA); Medical Waste; Unions and Health Care Workers; Working Conditions; Collections 7. THE MEDICAL RECORD: THE MEDICAL ASSISTANT'S RESPONSIBILITY Ownership of the Medical Record; Types of Medical Records; Privacy and Privileged Communication; Access to the Medical Record; Credibility of the Medical Record 8. INTRODUCTION TO ETHICS Ethics; Morals; Etiquette; Ethical Environment of Health Care; Importance of Studying Ethics 9. PRIVACY, CONFIDENTIALITY, PRIVILEGED COMMUNICATION: A NEXUS OF LAW AND ETHICS Disclosure of Personal Matters; The Medical Office; Limits of Confidentiality; Confidentiality as an Ethical Dilemma; The Right to Be Left Alone; Developing an Ethical Decision-Making Process; HIPAA 10. BIRTH AND THE BEGINNING OF LIFE Genetics; Rights of Couples to Have a Child; Rights of the Fetus; Rights of a Newborn; Rights of a Child; Autonomy Versus Paternalism for the Child; Allocation of Resources 11. PROFESSIONAL ETHICS AND THE LIVING Creeds; Time; Allocation of Resources; Experiments; Drug Testing on the Job; Autonomy Versus Paternalism 12. ETHICS: DEATH AND DYING Do-Not-Resuscitate Orders (DNR); Removal of Life Support; Formats for Advanced Directives; AIDS; The Geriatric Patient; Suicide APPENDIX—Answers to Cases for Discussion GLOSSARY BIBLIOGRAPHY