-MEDICAL ETHICS, LAW AND COMPLIANCE IN THE AMBULATORY CARE SETTING
-Hippocratic oath
-The Hippocratic Oath, authored by Greek physician Hippocrates, is an oath historically taken by
physicians, and is one of the most widely known Greek medical texts.
-English Physician Thomas Percival published his Code of Medical Ethics in 1803. His document
described the requirements and expectations of medical professionals within medical facilities.
-The Code of Ethics was adapted in 1847, with significant revisions made over the last century. The
concept of Medical Ethics includes autonomy, beneficence, non-maleficence and justice.
-Autonomy-This concept is often called “self-governance”. In the healthcare setting, respect for
autonomy means that healthcare professionals must recognize that patients have the right to make
their own treatment decisions, based on their individual preferences and beliefs. Autonomy applies to
individuals with the capacity to make decisions; different principles apply to individuals that cannot
make decisions for themselves. The principle of respect for autonomy, is the ethical basis for the
concept of Informed consent. Informed consent means that the patient knows, understands, and
accepts the risks and benefits of a treatment, he/she is aware of alternative treatment options, and
potential outcomes of doing nothing.
-Beneficence-The principle of beneficence simply means that healthcare providers should do things that
benefit the patient. This includes both actions meant to prevent problems, and actions to address
problems, and actions to address problems the patient is already experiencing.
-Non-Maleficence- is the expectation that healthcare professionals will not intentionally injure a
patient. Healthcare professionals learn the famous saying “First, do no harm”. There are two types of
non- maleficence acts: acts of commission and acts of omission. An act of commission: would be a
healthcare professional acting in a way that harms the patient intentionally. An act of omission occurs
when a healthcare professional fails to act when they should, and because they did not act, harm came
to the patient.
-Justice-is often used as a synonym for fairness. The concept of justice includes that idea that all people
have the right to be treated equally. Distributive justice is the idea that if resources are limited, they
should be allocated in a fair manner.
-LAW AND ETHICS
-Criminal Law- the laws of a state or country dealing with criminal offenses and their punishments.
1. Misdemeanor: less severe in nature than a felony. They are generally punishable by a fine
and/or imprisonment for up to a year. They include traffic violations, theft and disturbing the
peace.
, 2. Felony: is more serious in nature, and is usually punishable by imprisonment, and is usually
punishable by imprisonment for more than a year or by death. Rape, robbery and murder are examples.
Practicing medicine without a license would also fall under a felony.
-Civil Law- the body of laws of a state or nation regulating ordinary private matters, as a distinct from
laws regulating criminal, political, or military matters.
1. Contract law- the branch of civil law dealing with interpretation and enforcement of
written agreements between parties.
2. Tort Law-the branch of civil law dealing with a wrongful act against a person, property, reputation,
or the like, and for which the injured party is entitled to compensation.
To be legally binding, four elements must be present in a contract:
1. Agreement: when both individuals are in accordance with the course of action. The
listed components pertain to the offer:
-can only relate to the present or the future.
-what is offered must be clearly communicated
-must be made in good faith no under duress
-clearly defines what both parties will do after the contract is signed.
2. Consideration: a service or something of value is bargained for part of the agreement. The
physician provides the service, and the patient pays for the service.
3. Legal subject matter: contracts that are for legal services
4. contractual capacity: both parties must have the ability to fully understand all its terms and
conditions.
-For a contract to be legal, the patient must be of sound (or mentally competent), at the same time the
contract is made.
For example, the patient must be under the influence of drugs or alcohol.
-Your Role- Much of a medical administrative assistant’s duties are related to legal requirements.
Paperwork and documentation for insurance billing, accurate entries in patients medical record, patient
consent forms for surgical procedures are all important and must meet legal standards.
-ETHICS AND PROFESSIONALISM
-It is important for the medical administrative assistant to understand the difference between personal
about professional ethics. You need to make distinctions between competing choices, and take
consequences into account when making ethical decisions.
-Hippocratic oath
-The Hippocratic Oath, authored by Greek physician Hippocrates, is an oath historically taken by
physicians, and is one of the most widely known Greek medical texts.
-English Physician Thomas Percival published his Code of Medical Ethics in 1803. His document
described the requirements and expectations of medical professionals within medical facilities.
-The Code of Ethics was adapted in 1847, with significant revisions made over the last century. The
concept of Medical Ethics includes autonomy, beneficence, non-maleficence and justice.
-Autonomy-This concept is often called “self-governance”. In the healthcare setting, respect for
autonomy means that healthcare professionals must recognize that patients have the right to make
their own treatment decisions, based on their individual preferences and beliefs. Autonomy applies to
individuals with the capacity to make decisions; different principles apply to individuals that cannot
make decisions for themselves. The principle of respect for autonomy, is the ethical basis for the
concept of Informed consent. Informed consent means that the patient knows, understands, and
accepts the risks and benefits of a treatment, he/she is aware of alternative treatment options, and
potential outcomes of doing nothing.
-Beneficence-The principle of beneficence simply means that healthcare providers should do things that
benefit the patient. This includes both actions meant to prevent problems, and actions to address
problems, and actions to address problems the patient is already experiencing.
-Non-Maleficence- is the expectation that healthcare professionals will not intentionally injure a
patient. Healthcare professionals learn the famous saying “First, do no harm”. There are two types of
non- maleficence acts: acts of commission and acts of omission. An act of commission: would be a
healthcare professional acting in a way that harms the patient intentionally. An act of omission occurs
when a healthcare professional fails to act when they should, and because they did not act, harm came
to the patient.
-Justice-is often used as a synonym for fairness. The concept of justice includes that idea that all people
have the right to be treated equally. Distributive justice is the idea that if resources are limited, they
should be allocated in a fair manner.
-LAW AND ETHICS
-Criminal Law- the laws of a state or country dealing with criminal offenses and their punishments.
1. Misdemeanor: less severe in nature than a felony. They are generally punishable by a fine
and/or imprisonment for up to a year. They include traffic violations, theft and disturbing the
peace.
, 2. Felony: is more serious in nature, and is usually punishable by imprisonment, and is usually
punishable by imprisonment for more than a year or by death. Rape, robbery and murder are examples.
Practicing medicine without a license would also fall under a felony.
-Civil Law- the body of laws of a state or nation regulating ordinary private matters, as a distinct from
laws regulating criminal, political, or military matters.
1. Contract law- the branch of civil law dealing with interpretation and enforcement of
written agreements between parties.
2. Tort Law-the branch of civil law dealing with a wrongful act against a person, property, reputation,
or the like, and for which the injured party is entitled to compensation.
To be legally binding, four elements must be present in a contract:
1. Agreement: when both individuals are in accordance with the course of action. The
listed components pertain to the offer:
-can only relate to the present or the future.
-what is offered must be clearly communicated
-must be made in good faith no under duress
-clearly defines what both parties will do after the contract is signed.
2. Consideration: a service or something of value is bargained for part of the agreement. The
physician provides the service, and the patient pays for the service.
3. Legal subject matter: contracts that are for legal services
4. contractual capacity: both parties must have the ability to fully understand all its terms and
conditions.
-For a contract to be legal, the patient must be of sound (or mentally competent), at the same time the
contract is made.
For example, the patient must be under the influence of drugs or alcohol.
-Your Role- Much of a medical administrative assistant’s duties are related to legal requirements.
Paperwork and documentation for insurance billing, accurate entries in patients medical record, patient
consent forms for surgical procedures are all important and must meet legal standards.
-ETHICS AND PROFESSIONALISM
-It is important for the medical administrative assistant to understand the difference between personal
about professional ethics. You need to make distinctions between competing choices, and take
consequences into account when making ethical decisions.
