Both a living will and an advance directive state the desires of a person regarding how he or she would like to see their end-of-life issues handled. Durable power of attorney (C) or a power of attorney for health care (D) empowers that agent to make all property, financial, and health care decisions for the person, whereas a power of attorney (B) may only make property and financial decisions. A proxy (E) is a document that grants someone, such as a delegate or agent, the right to represent another.
Medical Practice Acts cover all the requirements to practice medicine including education, licensure, and guidelines for suspension and revocation of licensure for physicians. Guidelines for registered and licensed practical nurses fall under nursing practice acts (B). OSHA (A) involves the laws protecting the safety of the health workplace. The Patient Self-Determination Act (C) empowers the patient to make decisions for accepting or rejecting health care for themselves. HIPAA (E) involves privacy of health information and control of use of those records.
The Good Samaritan Act protects certain health care workers from lawsuits when they offer emergency aid within the scope of their training. The Patient Self-Determination Act (D) empowers patients to decide what medical treatment to accept or reject. The Doctrine of Informed Consent (E) requires that the patient know all potential dangers from a treatment or procedure, any alternatives, and the risks of doing nothing. Medical Practice Acts (A) cover the licensure and guidelines for medical practice, whereas the Nursing Practice Act (B) covers education and licensure of nurses.
The AAMA and AMT are among the credentialing agencies that test medical assistants. Each organization offers proof of accomplishment beyond basics. The AAMA offers certification and the AMT offers registrations to those students passing a national examination.
The Clinical Lab Improvements Act offered standards for medical laboratory tests run in the physician’s office lab (POL).
Informed consent involves all the listed options. Patients should made be fully aware of the nature their condition (B), the purpose of the prescribed course of treatment (C), and its risks (D) and benefits (A). This information should be conveyed by the provider. The medical assistant plays the valuable role of clarifying what the provider has conveyed.
Professional negligence can include actions of omission (which is nonfeasance), in which services were not rendered that should have been, or actions of commission, in which an error was made. In either case, malpractice is most often a civil tort that carries a financial penalty. In criminal negligence, often an unnecessary death has occurred, and the provider would be charged with manslaughter; fines and/or imprisonment may ensue.
Respondeat superior, meaning “let the master answer,” is a legal doctrine providing that the employer/provider is ultimately responsible for the actions of employees. Although the medical assistant is held to a standard of care, if the medical assistant makes an error, he/she will be held liable and so will the medical assistant’s employer. Chain of custody (A) refers to safeguarding specimens that may be needed as evidence and documenting each person who handles them. Consideration (B) is another word for the bill for services rendered by the medical office to the patient. Res ipsa loquitur (C), meaning “the thing speaks for itself,” is a legal concept that places the burden of proof on the practitioner when circumstances strongly suggest malpractice. Subpoena duces tecum (E) (“summons for the production of evidence”) is an order for medical records to be delivered to the court.
Slander is defined as using false spoken words that would harm the reputation or credibility of another. Breach of confidentiality (A) is disclosing patient information without authorization. Professional negligence (B) involves omission of appropriate medical services and/or carrying out incorrect medical actions. Testimony (D) is evidence given verbally under legal questioning. Veracity (E) means truthfulness.
The patient is the owner of the information within the medical record, and it may not be released without express written permission from the patient and/or guardian. The physician, however, owns the documents and the documentation on the record. Be aware that there is a lot of controversy regarding ownership of the medical record, and the issue is often left to individual states for clarification.