Discussion 8

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Law, Liability, & Ethics For Medical Office Professionals

Sixth Edition

Chapter 3

From the Constitution to the Courtroom

Objectives (1 of 2)

Differentiate between federal and state law

Differentiate between origins of statutory, administrative, and common law

Understand what makes up a federalist government

Identify steps necessary for passage of federal and state legislation

Distinguish between appellate paths of federal judicial system and state judicial system

Objectives (2 of 2)

Identify three administrative law agencies involved in regulation of medical office

Identify parties to a lawsuit

Explain basic trial procedures

Identify stages of an appeal

Demonstrate techniques that aid in being a good witness

It All Starts with the Constitution

Constitution determines if state or federal law is applicable

Constitution is comprised of:

Preamble

The Articles

The Amendments

Amendments 1–10 = The Bill of Rights

The Constitution

Supremacy Clause

Supreme law of the land

Enumerated Powers

Federal government’s powers

The Interstate Commerce Clause

Act of commerce involves more than one state

Three Branches of Government

Executive Branch

President

Congress

435 Representatives

100 Senators

The Judiciary

Health Care: Federal or State Law?

Mix of federal and state law

Federalism and federal government’s role in health care regulation

Now federal and state law intertwined

Administrative Law

Administrative agencies perform:

Rule making

Adjudication

Prosecution

Advising

Supervision

Investigation

Common Law

Distinguished from statutory law in that it is made up of a body of principles and rules that are common to entire population

The Distinction Between Criminal and Civil Law

Criminal

State or federal government is plaintiff

Person charged with crime is defendant

Civil

Typically plaintiffs and defendants are private citizens or companies

Into the Courtroom

What might happen if :

You are named as a party in a lawsuit

Called as a witness at trial

Medical Malpractice Phases

Phase I is the time period when the alleged negligence occurs

Phase II begins when patient seeks advice of an attorney concerning harm allegedly done

Phase III is a means of settling a dispute between two parties before a judge or a jury

Phase IV is when either side has right to appeal decision

Medical Malpractice: Phase I

Patient becomes aware of injury or that something is not quite right and complains to provider

Insurance companies require filing of an incident report

Anger becomes a problem

If physician is unable to smooth over incident, a medical assistant or other member of office staff may be able to dissipate anger and head off litigation

Medical Malpractice: Phase II

Attorney will attempt to obtain a copy of medical records

Insurance company, doctor, and attorney for patient may negotiate a settlement

If negotiations break down, patient’s attorney files a complaint

End of second phase of lawsuit comes when a pretrial conference is held

Medical Malpractice: Phase III

Plaintiff presents facts

Witnesses are ordinary people interested in telling their story

Members of jury listen and make a fair decision

Bench trials (—) judge serves as both judge and jury

Medical Malpractice: Phase IV

Losing party pursues an appeal

A decision can be appealed only on matters of law

Means that legal principles of lower court’s decision are challenged, not facts of case

You as a Witness

Pay attention

Behave in a professional manner

Answer question

Cooperate with your attorney

Honesty is the best policy

Art of Examination (1 of 2)

Both plaintiff and defendant try to win case by interviewing own witnesses and cross-examining witnesses from opposing side

A witness should be prepared for both direct examination and cross-examination

Art of Examination (2 of 2)

In direct examination, questions are open-ended and witness is able to answer freely and in own words

Burden of proof is beyond a reasonable doubt in a criminal lawsuit