In the United States, law is based on inalienable rights set forth in the U.S. Constitution. Laws are either criminal (against the state), civil (against people), military (involving military personnel), or international (between nations). The medical and legal issues governing the medical profession and medical assistants are multifaceted. The medical assistant must be knowledgeable in many areas of the law. Laws governing medicine are different from those governing criminal behavior. Medicine is covered by civil law, often referred to as torts. It is the responsibility of both the physician and the medical assistant to be aware of these guidelines. Because health care providers can harm the public, they can be held liable for damages done to patients. The physician–patient relationship is actually a contract, with rights granted to both parties. Care must be taken when terminating a relationship with a patient, or the physician can be charged with abandonment. The physician must obtain informed consent from the patient before performing invasive procedures on patients. Under the doctrine of respondeat superior, the physician is held liable for the medical assistant’s actions while working under the physician’s direction and supervision. To prove malpractice the physician must have had duty to a patient, been derelict in the duty, and caused damages that were directly related to the dereliction of duty. Standard of care is determined to be what a reasonable person of the same education and training would probably have done. Medical ethics is based on the Hippocratic Oath. Patients must be treated equally, using the best possible standards of care. Medical assistants should understand the difference between morals and ethics. Additionally, it is important to understand how to separate personal and professional ethics. The American Medical Association (AMA), American Association of Medical Assistants (AAMA), and American Medical Technologists (AMT) have professional standards and values known as ethics. The Health Insurance Portability and Accountability Act (HIPAA) was enacted to encourage portability of insurance when citizens changed jobs, but it also includes strict provisions for maintaining confidentiality of patient information. Medical assistants have a professional duty to protect patient information.

SUMMARY 

In the United States, law is based on inalienable rights set  forth in the U.S. Constitution. Laws are either criminal  (against the state), civil (against people), military (involving  military personnel), or international (between nations). 

The medical and legal issues governing the medical profession and medical assistants are multifaceted. The medical  assistant must be knowledgeable in many areas of the law.  Laws governing medicine are different from those governing  criminal behavior. Medicine is covered by civil law, often referred to as torts. It is the responsibility of both the physician  and the medical assistant to be aware of these guidelines. 

Because health care providers can harm the public, they  can be held liable for damages done to patients. The physician–patient relationship is actually a contract, with rights  granted to both parties. Care must be taken when terminating a relationship with a patient, or the physician can be  charged with abandonment. The physician must obtain informed consent from the patient before performing invasive  procedures on patients. Under the doctrine of respondeat superior, the physician is held liable for the medical assistant’s

actions while working under the physician’s direction and  supervision. To prove malpractice the physician must have  had duty to a patient, been derelict in the duty, and caused  damages that were directly related to the dereliction of  duty. Standard of care is determined to be what a reasonable  person of the same education and training would probably  have done. 

Medical ethics is based on the Hippocratic Oath. Patients  must be treated equally, using the best possible standards  of care. Medical assistants should understand the difference  between morals and ethics. Additionally, it is important to  understand how to separate personal and professional ethics. The American Medical Association (AMA), American  Association of Medical Assistants (AAMA), and American  Medical Technologists (AMT) have professional standards  and values known as ethics. The Health Insurance Portability and Accountability Act (HIPAA) was enacted to encourage portability of insurance when citizens changed jobs, but  it also includes strict provisions for maintaining confidentiality of patient information. Medical assistants have a professional duty to protect patient information.

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