Elwell JJ, ed. Medico-Legal Treatise on Professional Misconduct and Medical Evidence: covers elements of medical jurisprudence. New York, NY: John S. Voorhis; 1860. Health law has evolved since then, but some physicians` fear of malpractice still arises when they hear the word “law” or “advocate.” In fact, 93% of physicians surveyed in authoritative specialties reported practicing “defensive medicine” for fear of litigation [4]. However, it has been shown that physicians` fear of malpractice lawsuits in some states is disproportionate to the risk of such litigation [5, 6]. Does this data indicate general confusion among physicians about health law and its impact on their clinical life? Broader investigations. FTC Chairman Khan`s October 2021 memorandum to the Commission services on the Commission`s priorities highlighted the need to use a broader framework to assess the impact of transactions on competition. Unlike the traditional approach of analyzing supplier transactions primarily in terms of their impact on prices paid by commercial insurers, Khan asked employees to consider a wider range of impacts, such as the impact on workers and small businesses and the impact on marginalized communities. Suppliers for whom the Commission has received financial statements already face a much broader range of FTC questions regarding the potential impact of the agreement on medical professionals and other staff, including the existence of non-compete obligations and other employment-related aspects of competition. The socio-economic impact of transactions is also likely to become an area of focus; While transactions may result in increased investment in health facilities in marginalized communities, it can be difficult to demonstrate such pro-competitive effects. Labour law issues – particularly allegations of retaliation, wrongful dismissal or unlawful denial of leave – account for a significant percentage of recent COVID-19 lawsuits filed by employees.
Employers in the health care sector should consult federal and state sources for regulations regarding labor practices. In particular, two federal laws dealing with the pandemic are: Health care professionals are constantly confronted with ethical and legal issues in the workplace, putting them at risk of burnout. Efforts on collection costs increase the pressure on employees to do more with less. Limited resources force difficult decisions about quality of care. Patient safety can be compromised, resulting in injuries and lawsuits. Bioethicists suggest that when health professionals practice the ethical principles of autonomy, do justice, do good and do no harm, health professionals can help resolve difficult situations. Two case comments address the ethical dilemma of whether accelerated partner therapy (EPT) should be used, allowing clinicians in 46 states [7] to treat their patients` sexual partner(s) – whom they have not met or examined – for a sexually transmitted infection. In their commentary, Barry DeCoster and Lisa Campo-Engelstein stress the need to judge the reliability of the patient as a messenger, while Hilary E. Fairbrother analyzes the case in light of fundamental ethical principles. Both commentaries also deal with the legal status of EFA, concluding that the law does indeed have useful answers in this case, as long as the restrictions are recognized and addressed. In particular, the increased complexity of the COVID-19 pandemic has had a major impact on health care laws this year.
Check out our overview of seven legal issues that providers and administrators should be aware of in 2021. Over the past century, there have been a number of developments in medicine that have revolutionized the field of medical practice. This makes it possible to diagnose diseases faster and more accurately. However, as new treatments are introduced and the field changes, healthcare professionals face new legal and ethical challenges. This blog gives you an overview of the topics of work in healthcare. Arina Evgenievna Chesnokova, MPH is a third-year medical student at Baylor College of Medicine in Houston, Texas. Arina received her Master of Public Health from Columbia University Mailman School of Public Health in 2011, where she developed a particular interest in health law and public health ethics. She then worked as a research associate at the Children`s Hospital of Philadelphia PolicyLab. Her scientific interests include reproductive health law and policy, as well as geospatial components of health inequalities. Employees have filed hundreds of lawsuits and more than 100 class action lawsuits alleging their employers violated federal and state regulations regarding employee safety or labor matters.
Shalyn Smith McKitt is a litigation partner in the Birmingham office of Balch & Bingham LLP, Alabama. She received her bachelor`s degree from Stillman College and her JD and master`s degree in health studies from the University of Alabama. Shalyn began her practice as a litigator in the Ohio Attorney General`s Division of Health and Human Services, where she represented the Department of Developmental Disorders, the Department of Mental Health and Addiction Services, the Department of Medicaid, and the Council of Chemical Addiction Professionals. She then joined the Office of the General Counsel`s Office of the U.S. Department of Health and Human Services as an Assistant Regional Counsel. There, she represented CMS and OCR primarily on issues related to Medicare and Medicaid billing and overpayments, facility compliance, HIPAA, and civil rights. Shalyn then served as Senior Legal Counsel at SS&C Health, a healthcare technology company. There, she designed and negotiated multi-million dollar contracts for healthcare and pharmacy solutions and was instrumental in analyzing the company`s HIPAA compliance. She then moved to Balch, where she works on a variety of litigation including those related to healthcare providers and providers, healthcare systems, and HIPAA compliance.
Defence Production Act. Early in the pandemic, it quickly became apparent that domestic supplies did not contain enough supplies to meet the increased demand across the country, as individual health care providers experienced shortages in their own inventory. Finally, the Federal Emergency Management Agency (FEMA) and HHS have increased domestic supply and production of medical supplies and equipment under the Defense Production Act. FEMA and Customs and Border Protection continue to work to prevent brokers, dealers and others from diverting critical medical resources overseas. Lack of staff. In 2022, labour shortages in the healthcare sector are expected to continue to transform and healthcare providers will face more challenges than ever. It is currently estimated that there will be a shortage of more than 10 million nurses worldwide by 2030. Research shows that COVID-19 has affected health workers both physically and mentally. Not only are employees more vulnerable to COVID-19, but they are also prone to increased stress and mental health issues.
