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Chapter 7
Legal Considerations
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Sources of Law
Constitutional law
Constitution and 27 amendments
Statutory law
Laws made by states
Common law
Judge-made law

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Sources of Law
Criminal law
Malfeasance
Illegal conduct by an official
Felony
Serious crimes and serious punishments
Misdemeanor
Lesser crimes and lesser punishments

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Sources of Law
Civil law
Misfeasance
Improper execution of lawful act
Nonfeasance
Failure to perform an act or official duty
In a civil case, a plaintiff brings charges against a
defendant
Common forms of civil law are administrative,
contract, and tort law
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Administrative Law
IRS
Medicare/Medicaid
Title VII of the Civil Rights Act of 1964
Federal Age Discrimination Act of 1967
Uniform Anatomical Gift Act of 1968
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Administrative Law
Regulation Z of the Consumer Protection
Act of 1967
Truth in Lending Act
Occupational Safety and Health Act of 1967
(OSHA)
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Administrative Law
Controlled Substances Act of 1970
Regulates persons who administer, prescribe, or
dispense controlled substances
Identifies controlled substances in Schedules IV with
regulations for each schedule
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Administrative Law
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Administrative Law
Americans with Disabilities Act of 1990
(ADA)
Title I prevents discrimination in employment
Titles IIIV mandate access to public services by
individuals with disabilities
The Family and Medical Leave Act
(FMLA) of 1993

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Administrative Law
The Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
Requires national standards for electronic health care
transactions
Assists in making health insurance more affordable and
accessible when people change or lose their jobs
Identified in Titles IVII
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Administrative Law
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Contract Law
Expressed contracts
Written or verbal
Implied contracts
Indicated by actions
Critical elements to every contract
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Contract Law
Termination of contracts
Patient discharges provider
Provider withdraws from patient care
Treatment no longer needed by patient
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Tort Law
Wrongful act other than a breach of contract
State medical practice acts
Govern licensure, standards of care, professional
liability, confidentiality, torts (Refer to Table 7-1)
May regulate personnel employed in ambulatory
care settings
Medical assistants may be regulated under a nurse
practitioners license, a physicians license, or by their
own states requirements
Some states regulate medical assistants ability to perform
certain clinical functions
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Tort Law
Standard of Care
4 Ds of Negligence
Duty of care
Derelict: breach of duty of care
Direct cause: a legally recognizable injury occurs as a result of
the breach of duty of care
Damage: wrongful activity must have caused the injury or
harm that occurred
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Tort Law
Standard of Care
Medical Assistants role in Negligence
Torts are intentional or negligent
Intentional torts are deliberate acts violating anothers rights
Negligent torts are not deliberate; result of omission or
commission of an act
Res ipsa loquitur and respondeat superior
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Tort Law
Standard of Care
Battery: unprivileged touching of one person by another
Defamation of character
Libel
Slander
Invasion of privacy
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Informed Consent
Nature of any procedure and how it is
performed
Possible risks as well as expected outcomes
of any procedure
Any other methods of treatment and those
risks

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Informed Consent
Risks of no treatment
Implied consent
Consent and Legal Incompetence
Mature minors
Emancipated minors
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Risk Management
Practicing good risk management makes the
MA and provider less vulnerable to
litigation
See the list on page 105 for ways to avoid
incidents that may lead to litigation
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Civil Litigation Process
Subpoenas
Some records are protected and will require a court
order
Subpoena duces tecum
HIPAA requires written policies regarding release of
information
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Civil Litigation Process
Discovery
Interrogatory
Deposition
Expert witness
Pre-trial conference
Alternative Dispute Resolution (ADR)
Mediation
Arbitration
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Civil Litigation Process
Trial
Judge only makes decision
Judge and jury make decision
See outline of civil case process in the text
Statute of Limitations
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Public Duties
Reportable Diseases and Injuries
See possible list at www.cdc.gov/
Written and telephone reporting
Abuse
Child abuse
Elder abuse
Intimate partner violence
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Public Duties
Good Samaritan Law
Encourages health professionals to render aid at the
scene of an accident
Must only respond within scope of knowledge and
training
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Advanced Directives
Physician Orders for Life-sustaining
Treatment or POLST
Living wills and health care directives
Samples available at
www.USlegalforms.com
Durable power of attorney for health care
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Advanced Directives
See www.compassionandchoices.org
Patient Self-Determination Act of 1991
Advanced directives provided to patients
providers, family members, any agent
identified