Medical Law is the area of law that addresses the unique relationship between medical professionals and their patients. It falls under two main categories:
  • Tort (civil and personal injury law, including negligence) and,
  • Criminal or administrative violations (such as performing surgery on the wrong patient).

Confidentiality

Medical professionals and mental health practitioners have a long tradition of treating their patients with dignity and respect and keeping confidential any personal, private, or sensitive information they receive about their clients.

The Health Insurance Portability and Accountability Act (HIPAA) is one of the most well-known federal privacy laws. It was created in 1996 to deal with issues related to technology and connectivity in today's society. It also made several new federal requirements related to health insurance rates and disclosures, how information can be exchanged and remain confidential. Those who violate HIPAA can face steep consequences, so it's essential to understand the ins and outs of the Act.

More weight to the defendant's conduct in light of the surrounding circumstances.

A tort is a cause of action brought by an injured person against another as redress for harm caused by acts or omissions which violate a duty.

Examples of torts include:
  • Defamation
  • Battery
  • Negligence
  • Intentional Infliction of Emotional Distress
  • Trespass and more

A medical professional can be sued for one of the torts mentioned above if a third party incurs harm due to the acts or omissions of the medical professional, regardless of the medical professional's intent to cause damage. It's advisable to retain an attorney who understands torts such as:
  • Defamation
  • Battery
  • Negligence
  • Intentional Infliction of Emotional Distress
  • Trespass and more

Suppose you practice as a healthcare professional and are concerned about limiting your liability profile. In that case, you should contact an attorney who can review your practice and advise you about how best to reduce your liability profile.

Criminal Law and ethics play an essential role in medical regulation. Examining bioethics issues through the lens of medical law can help us analyze the ethics of medical law from a legal standpoint.