Medical Legal Center Aspectos Legales En Medicina

If you have any questions about accessing or sharing your medical records, please contact the Medical Law Department of the Medical Records Division at (301) 496-3331 or visit room 1N216. Competence, a word used incorrectly and interchangeably instead of capacity, is a legal term that refers to a court`s decision that a person cannot mind their own affairs.13 It is acceptable to take photos and videos for legal evidence, as well as for quality control and documentation. However, patients must give consent unless required by law.72,73 Educational and advertising photography and filming require patient permission.73.73 Images taken without the patient`s consent (especially with mobile phones) for non-medical or educational purposes are generally prohibited.74,75-77 Photography and filming must require permission from the Public Relations Department or Legal Services The hospital can be obtained. if necessary and know the rules of the hospital for both possibilities, for educational and quality control purposes. Personal digital assistants and laptops (laptops) containing identifiable patient information must be physically protected and protected by a personal key program. Consider the legal consequences for all knife wounds. This chapter provides general information on important aspects that have legal implications and that take place in the emergency department, informed consent, treatment of minors, privacy and confidentiality, the Emergency Medical Treatment and Active Work Act (EMTALA), identification of risk factors, death certificates, newborns abandoned in the emergency room, translation services, obligations to third parties, telephone advice and extension of care outside the emergency department. This chapter does not address country-specific issues and does not replace the recommendations of the hospital`s legal department in a particular situation. The information in this chapter should not be considered as legal advice. Laws and regulations are constantly changing, and these sections are not a substitute for timely consultation with a health advocate. Clinical records should not be accessed unless they are the attending physician or staff, unless the information is necessary for operations or law enforcement or other legitimate reasons. Violation of these regulations may result in severe fines or financial and legal penalties for anyone who provides this data.

See Table 298-4 for what is permitted and prohibited under HIPAA. The obligations imposed on hospitals and doctors by the EMTALA regulations are complex and, in some cases, difficult to clarify due to conflicts between rules, interpretative guidelines and case law. It is in the interest of staff to know the rules and always act in the best interest of the patient when it comes to situations that fall under the EMTALA law. It should not be forgotten that EMTALA is essentially a rule of non-discrimination, so all patients must be treated equally. Table 298-5 shows some aspects that are and are not authorized by EMTALA. Back to: Back to: Clinical Center Homepage > Participation in Clinical Trials > Patient Information > Legal, Ethical and Safety Aspects Suppose that legal competence is the same as the ability to make medical decisions Lawyers can participate in gathering evidence and questioning witnesses of crimes in the emergency room. Unless required by law, patients have the opportunity to speak or remain silent with these officials, and patient consent is required for the release of data not expressly required by law.70 Visitors are generally permitted if the patient consents.65 The patient must verbally give permission to discuss personal information in front of visitors. En algunos casos, se necesita del permiso escrito para la revelación de algunas enfermedades como la infección por el VIH.71 Los médicos deben considerar siempre la naturaleza y gravedad de la información relacionada con el enfermo y transmitir en privado los resultados y diagnósticos graves o muy personales, incluso si se obtuvo permiso para exponerlos delante de un visitante. A retrospective analysis was performed between 1999 and 2016 in patients diagnosed with CRC who underwent surgical resection. The clinical experiences of patients reporting medical liability were analysed by an interdisciplinary group according to the European guidelines proposed by the European Academy of Forensic Medicine. Eight patients developed late complications and demanded compensation. Prognostic error was detected in only one case.

Pre- and postoperative conditions as well as the occurrence of early and late complications are reported and discussed in the document, as well as the distinction between «error-free» and «error-related» complications. Use protected health information for reimbursement and service-related aspects Many U.S. states have passed laws allowing a mother to leave her newborn in a «safe haven» to reduce infanticide and abandonment of children in unsafe places.154 The laws in question differ on who can leave the child. how long the child can be after birth, who has been responsible for custody of the child, and the extent of legal protection and anonymity of the person who left the child.155 In many states, a member of the health or emergency services is authorized to take custody of the child.155 Staff must be familiar with the law: who regulate their condition, and all emergency services must have rules to deal with this situation. Students from different disciplines, legal representatives and visitors must respect patient privacy and confidentiality.69 Patient requests should be reviewed in such a way that health science students are not involved in observation or care, and such a request is based on the particular request and circumstances. but this is not guaranteed.65-69 Verbal permission from patients must be obtained to admit students who are not involved in nursing and to accept refusals. Physicians should, to the extent possible, act in the best interests of their patients without losing their autonomy.5 The American College of Emergency Physicians` Code of Ethics7 recognizes this dual obligation by stating that emergency physicians: «protect the interests of their patients by administering treatment, preventing illness or injury, and informing patients of their clinical situation; And they also act in the best interest of their patients. The Code of Ethics follows: «Adult patients with their own decision-making capacity have the right, and physicians the associated duty to respect them, to express their preferences with respect to their care and medical care, a right based on the legal doctrine of informed consent.» The concepts of patient capacity and informed consent and their exceptions should be part of daily practice in the emergency department. For more than 10 years, the approach has been bearing fruit and has ± created a climate of trust where they come to seek advice, professionals from different services and units, sanitary and non-sanitary. Legal risk prevention as a general strategy of the department makes it possible to identify common risk manoeuvres both in clinical practice and in doctor-patient relationships©and to put in place mechanisms that minimize uncertainty Rathke`s spine cysts (RCC) are asymptomatic benign scellar cysts.