Healthcare has been one of the most revolutionary industries for humankind. The tremendous advances in technologies have made treatments easier, quicker, and more effective. However, with newer technology and treatment plans in place, doctors, hospitals, and all other medical staff and facilities now also often face a series of legal issues.
When you are treating patients, you have other people’s lives in your hand. Quite literally. Hence, there are many rules and regulations in every healthcare organization to abide by at all times. One small mistake, and you have a lawsuit waiting. Legal issues are also rising due to the healthcare industry’s changing dynamics, including funding patterns, patient care, and several other things.
Not only legal issues but ethical concerns are also a rising problem in healthcare. However, it is crucial to note that legal issues are not the same as moral issues. Governmental bodies set legal standards. In contrast, there is no legal ground for ethical standards. For instance, patient confidentiality is an ethical concern, while medical negligence is a legal issue.
With the rapidly transforming and evolving landscape of the healthcare sector, all healthcare workers must play by the book. Knowing and understanding all laws and regulations is imperative for each medical personnel.
Read below to find out about some common legal issues in the healthcare industry.
Malpractice
Medical malpractice is probably one of the oldest and most common legal issues the healthcare industry faces. Unfortunately, the truth is that it isn’t going to go away anytime soon. There is a heightened threat of its increase as our dependence on technology increases.
Medical malpractice is a result of doctors breaking their Hippocratic oath and deliberately treating their patients incorrectly. When patients are wrongly diagnosed or given harmful treatments, they have the full right to sue their doctors and even hospitals. For instance, many labor complications result in child injury, most of which are due to medical malpractice. If your child has unfortunately suffered from a birth injury, you can read more about getting financial compensation.
Some common examples of medical malpractice include forceful or unnecessary surgeries, failure to diagnose, and incorrect medications. Furthermore, misdiagnoses, premature discharge, poor or no follow-up, and misreading of laboratory results also comes under medical malpractice.
A medical malpractice lawsuit is a highly concerning legal issue. In certain severe cases, courts might permanently remove a doctor’s license and ban them from ever practicing medicine again. Court orders also have the power to entirely shut down a hospital or a medical facility if proven guilty.
False claims
The false claim act comes into play when medical professionals knowingly put incorrect allegations on the federal government. These allegations can be regarding government funding, salaries, or even treatments. The false claim act puts an end to any such fraudulent behavior by medical providers.
Under this act, healthcare providers have to face certain charges because of giving false statements regarding any government healthcare program. Professionals usually make false claims and accusations to get more money and higher funding from the government. For instance, the hospital staff might deliberately invoice an incorrect number of medical supplies, goods, and services that the government provides.
The number of whistleblowers has also increased in the past few years. These cases often include rival medical practitioners who want to be at an advantage over their competitors.
However, if caught, medical professionals are heavily penalized for each false claim they put forward. In some instances, the court might even indefinitely remove them from medical practice.
Data breaches and cyberattacks
Perhaps the most alarming legal concern in the healthcare industry in the past decade has been the threat of data breaches. With the rapidly growing and advancing technology, cyberattacks and data breaches are becoming increasingly common in the healthcare sector.
Although data protection is a growing concern in nearly all businesses, it is immensely critical for the healthcare industry. It is because technological platforms now hold valuable and confidential patient information. Since all information is stored digitally now, data is more vulnerable to cyberattacks. Online attacks are highly problematic and concerning legal issues. You must sort out these issues as soon as possible; otherwise, you might find yourself in serious trouble.
The health insurance probability and accountability act (HIPAA) came into existence to protect patient information and all other essential medical data. All medical facilities and professionals have to comply with HIPAA rules entirely to reduce the chances of cyberattacks.
Furthermore, all medical facilities and providers must invest in high-end digital security systems. A dedicated IT team with complex and unbreakable security software can considerably reduce the chances of data breaches if not eliminate them.
Conclusion
Legal problems lead to delays in treatments and affect the quality of service provided by healthcare professionals. Avoiding them as much as possible should be every medical practitioner’s goal.
Legal issues are part of every organization, but they have become significantly more concerning in the healthcare industry. Especially when someone’s life is at stake, all medical providers and contributors must familiarize themselves with every law and regulation to steer clear of any legal problem.