Legal Liability in Medical Practice Management

HSA 546 Week 7 Discussion Legal Liability in Medical Practice Management

According, to the text, physicians can be held professionally liable for issues surrounding their relationships with patients, staff, and other providers. Select two (2) areas of professional liability that you think pose the most serious legal threat for a physician in a medical practice. Provide a rationale for your selection.

A doctor patient relationship is the basis of medical practice and thus of medical ethics. Therefore, several patients are in general not able or reluctant to make choices about their health care, therefore, patient autonomy is at times extremely challenging. Equally challenging are additional conditions of the relationship, for instances the doctor’s obligation to keep patient confidentiality in a time of computerized medical records and managed care, and the duty to maintain life in the face of petitions to hurry, and or speed up death. If patients feel the doctor’s kindheartedness, they will be others likely to belief the doctor to act in their best interests, and this belief can be instrumental to the healing pathway. Having such individuals who may or may not forsake their right to value and equal care, or are doctors expected to formulate more, maybe even noble, attempts to develop and keep good relationships with them? Those specific patients, doctors should balance their liabilities for his or her own safety and protection and the same for their employees with their responsibility to increase the safety of the patients. They ought to try to find methods to honor both responsibilities. If not possible, they must try to develop another plan for the treatment of the patients. Additional disputes to the standards of dignity and equal care for each patient evolves in the treatment of infectious patients. The attention here is again and again on (HIV/AIDS), not solely because it is a deadly disease but because it’s often connected with social biases (i.e. prejudices).

Wolper, L. F. (2013). Physician Practice Management (2nd ed.). Burlington, MA: Jones & Bartlett Learning

ww.wma.net/en/30publications/30ethicsmanual/pdf/chap_2_en.p..

Compare, and contrast the main requirements of the Stark Law and the Federal Anti-Kickback Statute. Next, analyze the main reasons why it is important for practice administrators to understand how these laws affect the operations of the medical practice. Support analysis with at least one (1) real-world example.

The five most vital Federal fraud and abuse laws which pertain to doctors are the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law. Government agencies, involving the Department of Justice, the Department of Health & Human Services Office of Inspector General, and the Centers for Medicare & Medicaid Services (CMS), are responsible for implementing these laws. As he or she start in your profession, it is important to comprehend these laws not solely in view of following them is the correct thing to do, but moreover because violation of them may result in criminal fines, and or drawbacks, civil penalties, prohibiting from the Federal health care programs, or losing his or her medical license from State medical board. It is prohibited to submit claims for compensation to Medicare or Medicaid that are false or illegal this something that the physician is aware of or should educate themselves about.

Wolper, L. F. (2013). Physician Practice Management (2nd ed.). Burlington, MA: Jones & Bartlett Learning

https://oig.hhs.gov › Compliance › Physician Education