When it comes to understanding medical laws, patient rights, and liability, it's important not to try to do everything on your own. Everyday there is another lawsuit on the news, in the newspaper, or mentioned online. Doctors may be overly cautious and exceed the appropriate standard of care and time with their procedures, but still, lawsuits are filed. HIPAA is being updated, but still, data leakage occurs.
Simply put, complying with medical laws and regulations, especially when it comes to patient rights, can be a daunting task. How should one navigate through them?
What Do Medical Laws and Regulations Impact?
Patient rights are the rules that govern the conduct between the patient and the caregiver (in addition to the organizations that support them). A patient is considered any individual who is being evaluated by the health care professional.
Though broad in definition, patients are guaranteed rights which include:
- Access to care
- Patient dignity
- Patient Confidentiality
- Consent to Treatment Prescribed as Necessary
Since the regulatory field is constantly changing, it is vital that medical professionals stay one step ahead and that communication is present between patient and caregiver. While patients should know their rights, it is doubly important that health care professionals understand them too. They should always make sure a patient’s questions are answered. With that being said, health care professionals and organizations should also know what they can and cannot do.
When Medical Liability Gets Complex
Sometimes, patients do not always abide by the rules and documents they are given, yet they may try to place blame on the health care provider or organization. These common disputes are oftentimes the inceptions of future litigation.
Thus, when these disputes start to percolate, it is important to consult with experienced legal counsel. The attorneys at Simas & Associates, Ltd., fit that description. We can look at the dispute and take steps to help protect you. If your practice is being impacted by a medical liability claim, contact us online or call us at 888-999-0008 today.
Our attorneys can help by examining any and all of the following:
- Were written instructions followed (for treatment and prescription)?
- Did the patient sign documents/is the signature present?
- Did he/she avoid drugs and toxic substances?
- Did he/she deny care when offered?
- Was treatment denied?
- Was family authorized by the patient to access records?
The team at Simas & Associates, Ltd., understands that even the smallest complaint filed can have a large impact. This is why we work to protect health care organizations, physicians, surgeons, and those in the industry.
In addition, we can also assist with:
- Residency program issues (grievances and related litigation).
- Hospital peer review applications, investigations, and hearings.
- Rights of physicians: “due process” and a “fair hearing process.”
- Drug Enforcement Administration (DEA) issues including: investigations, applications, and discipline.
- Healthcare provider plans dealing with: applications, audits, investigations, and inquiries.
- Responding to negative reports to the NPDB (or other credentialing bodies).
- Scope of practice and supervision of affiliated licensees issues.
These and any other needs or questions you may have dealing with patient rights and health care law.