This website uses cookies to ensure you have the best experience. Learn more

Professional Liability Essay

1883 words - 8 pages

Professional Regulation and Criminal Liability Paper
University of Phoenix
HCS/430 Legal issues in Health Care
August 3, 2010

There are currently over 50 different “acts and behaviors that are defined as professional misconduct for physicians” (State of New York Department of Health, 2010). The most common acts and behaviors that are reported as misconduct fall under categories such as: negligence, incompetence, impairment, sexual abuse and fraud. This paper will explore medical misconduct as it relates to physicians. The author will identify the civil complaint process for the state of Florida that will help patients to report suspected professional misconduct or incompetence, and ...view middle of the document...

Impairment is a term that encompasses substance abuse, and physical and mental disabilities. Physicians that practice medicine while impaired present a major danger to their patients because they are compromising the patient’s safety. Physicians have to be alert and focused when determining diagnosis and treatment options if they are to provide effective quality care to their patients. If a patient is injured due to a physician’s substance abuse, that physician can be removed from practice either by license suspension or revocation. On the other hand, if a patient is not injured, the physician may be allowed to return to practice after attending a rehabilitation program (State of New York Department of Health, 2010).
Sexual abuse of a patient can range from “inappropriate or suggestive remarks, improper touching and even rape” (State of New York Department of Health, 2010). Sexual misconduct by physicians is a growing concern and a problem facing medical boards across the country. “Ethical standards governing the medical profession have clear prohibitions addressed to sexual relations between a physician and patient” (State of New York Department of Health, 2010). Even if initiated by the patient, physicians “are considered to be in the more powerful position in the relationship and therefore, responsible for even "consensual" boundary violations” (Crausman, 2004).
Fraud “involves the intentional misrepresentation or concealment of a known fact within the practice of the profession” (State of New York Department of Health, 2010). Practices such falsifying medical bills or medical documents, and prescribing medications for reasons other than treatment are the most common forms of fraudulent misconducts by physicians. Such acts are not only unethical but unlawful as well and can result in the suspension or revocation of a physician’s license and can even result in imprisonment if found guilty.
Regulating Agency
The mission of the Department of Health’s Division of Medical Quality Assurance (MQA) “is to, promote, protect and improve the health of all people in Florida” (Florida Department of Health, 2010).The MQA is responsible for evaluating the licensing credentials of all applicants, it issues licenses, reviews and researches all complaints, “inspects facilities, provides support in prosecuting violations, investigates unlicensed activity and provides the public with information about licensees disciplinary actions” (Florida Department of Health, 2010). In the state of Florida patients will report misconduct complaints to the Consumer Services Unit (CSU) of the Florida Department of Health.
The CSU receives all healthcare complaints regarding misconduct in the healthcare profession including complaints alleging unlicensed activity either by a provider or health care facilities (Florida Department of Health, 2010). Patients that submit a complaint must fill out a report of contact inform that contains an Authorization for Release of...

Other assignments on Professional Liability

Cpa Report

872 words - 4 pages CPA Report Financial Reporting June 4, 2012 A subsidiary is its own legal entity that is governed by a board of directors. For independence, the subsidiary corporation has its own liability and is separate from the parent corporation for taxation and regulatory guidance from state and federal agencies. Control over the subsidiary is maintained by the parent corporation holding more than fifty-percent shareholder value and

Dq Week 2 Essay

445 words - 2 pages applies to cases of defective products and abnormally dangerous activities. One might think that the only danger associated with accounting would be a possible paper-cut; however, the notion of strict liability has expanded to the area of professional liability, thereby affecting architects, doctors, accountants, etc. In other words, accountants can be held responsible for a business that does not function properly (Riahi-Belkaoui, 2003, p. 198). If

Business Entities, Laws, And Regulations Paper

1112 words - 5 pages Business Entities, Laws, and Regulations Paper University of Phoenix BUS 415 January 2011 Mauri Hawkins Business Entities, Laws, and Regulations Paper Businesses in every industry have to deal with entities, laws, and regulations. Management teams have to take into account items such as consideration of control, taxation, and liability issues among others. The purpose of this paper is to discuss the restaurant/bar, professional

Acc 205 Week 1 Assignment

901 words - 4 pages 1. Recognition of normal balances a. Amounts paid to a mall for rent -expense b. Amounts to be paid in 10 days- liability c. A new fax machine purchases for office use- assets d. Land held as an investment - assets e. Amounts due from customers -assets f. Daily sales of merchandise sold - revenue g. Promotional costs to publicize a concert - expense h. A long-term loan owed to Citizens Bank -liability i. The albums, tapes, and CDs held

Bkaa 3023

1222 words - 5 pages techniques. 4. To be familiar with related issues in audit completion, group audit, internal audit and related audit services and other services that can be provided by the public accounting firms. 3. LEARNING OUTCOMES Upon completion of the course, students will be able to: 1. Explain the professional conduct and ethics of an auditor, the legal liability environment affecting the auditors and relate it to relevant cases (C2

Hnd Business Level 5

1321 words - 6 pages expanded its global by opening offices in the USA Hiscox, the international specialist insurer provides wide-ranging protection for many types of Asset Management firms. Hiscox offers alternative asset management firms a portfolio of coverage specifically designed to protect them from both long standing and newly emerging exposures. Hiscox has launched Hiscox Professional Liability Portfolio, a new product that offers ‘tailor made’ policy forms

Professional Regulation

1520 words - 7 pages Professional Regulation and Criminal Liability in Delaware Lorna J. Granston 05/26/14 HCS 430 Dr. J. Kaplan There are statutes that regulate health care professional on a federal level. It can be difficult to regulate professional on that level, therefore, there are also regulatory bodies on the State level. Regulatory statutes on the State level can offer specific policy and procedures for professional licensure, credentialing

Business Decision Making

2349 words - 10 pages Technical bulletin professional information for CILA members TB 16 August 2003 The following article appeared in Herbert Smith's Insurance Update Newsletter (May 2003) and they have kindly given permission for it to be circulated to CILA members. Policy conditions: legal classification and consequences of breach On at least three occasions last year the Court of Appeal considered the issue of the

Contract Law

5420 words - 22 pages Terms 18 Implied Terms 18 Terms of Contract in Employment Contracts 18 Expressed Terms in Contract of Employment 18 Implied Term in Contracts of Employment 19 General Implied Terms 19 Term Implied by Custom and Practice 19 Evaluate the Effect of Different terms in Given Contract 20 Task 3 22 Tort 22 Tort Law Liability 22 Tortious Liability 22 Contractual Liability 22 (3.2) Explain the nature of liability in negligence. 23


315 words - 2 pages 1) Information security is specific to securing information systems security of the systems that house the information? True 2) Software manufacturers limit their liability when selling software using which of the following? A. End user licensing agreements. (EULA) 3) The ______ tenet of information systems security is concerned with the recovery time objective. 4) Encrypting data on storage devices or hard drives is a main

A Situation In Which A Nurse Can Be Held Liable For Negligence

1020 words - 5 pages arranged supervision of a physician. Nursing has evidently matured into an increasingly specialized, advanced, sophisticated, and independent profession hence expanding the roles of a nurse. Resultantly, the liability for fundamental nursing negligence has moved to its professional counterpart, which is malpractice liability. Nevertheless, obstetrical nursing is the field of nursing that is highly taxing since it involves the most delicate tasks

Similar Documents

Limited Liability Corporation And Partnership Paper

901 words - 4 pages Limited Liability Corporation and Partnership Paper University of Phoenix FIN/419 November 26, 2012 Every business has a basic idea of the entity in which to establish. Capitalization and protection is the main focus to establish the business with a question of which type of entity should a business use to move forward. Businesses have a host of factors when making this decision, the most common forms of these

Law Of Business Association Essay

1019 words - 5 pages wrongdoer without having to prove the wrongdoer had the intention to cause harm. Conclusion Under Corporation Act, Organic theory and Vicarious liability Brookland Greens Pty Ltd had criminally responsible for the loss of life. References 1. David Wishart, Corporations Law Guidebook (OUP, 2009). 2. Ciro, T., and Symes, C. (2009), “Corporations Law in Principle”, 8th Edition, Thomson Reuters (Professional) Australian Limited, Sydney.

Due Professional Care And Due Diligence

516 words - 3 pages SHORT PAPER – DUE PROFESSIONAL CARE AND DUE DILIGENCE ALEX KARAHALIOS The legal risks faced by the CPA profession are ever so present today in our capitalist society. When CPAs and CPA firms execute an engagement for an auditing client, they know well that risk they exposed themselves to significant liability should their report conclusion and recommendations cause monetary damages. This liability does not only extend to direct customers

Legal Form Of Business Essay

1284 words - 6 pages is a good business organization for an individual starting a business that will remain small, does not have great exposure to liability, and does not justify the expenses of incorporating and ongoing corporate formalities. (Iowa Secretary of State, 2011) Partnership A partnership is the relationship existing between two or more persons who join to carry on a trade or business. Each person contributes money, property, labor or skill, and