Medical Law and Ethics
Core concepts
Distinguish legal duties from ethical duties. Key legal concepts: informed consent (patient must be competent, informed of risks/benefits/alternatives, and voluntarily consent), confidentiality (HIPAA), the scope of practice for a medical assistant, and the doctrine of respondeat superior (employer liability for employees acting within scope). Know the difference between negligence (failure to meet the standard of care) and malpractice (professional negligence). Understand advance directives, living wills, durable power of attorney for healthcare, and the Patient Self-Determination Act. Know the mandatory reporting categories (e.g., suspected abuse, certain communicable diseases) and how to handle subpoenas and release of records.
Traps in questions
- Consent authority: the physician obtains informed consent; the assistant may witness the signature but does not explain risks or obtain consent.
- Minors and consent: a parent or legal guardian generally consents for a minor, with exceptions such as emancipated minors and certain public-health situations.
- Confidentiality exceptions: disclosure is permitted when required by law (mandatory reporting, court order) or to prevent serious harm - not simply because a family member asks.
- Scope of practice: an assistant cannot diagnose, prescribe, or perform procedures outside training and state law, even if a patient requests it.
- Subpoena vs. court order: a subpoena may require notification of the provider; follow facility policy rather than releasing records unilaterally.
Rule of thumb
When a question asks 'what should the assistant do first' in a legal scenario, choose the action that protects the patient, follows the law, and stays within scope - usually notifying the provider or supervisor and documenting.
Worked example
Stem: 'A patient's adult son calls asking for his mother's test results. What should the assistant do?' Unless the patient has authorized disclosure in writing, the assistant must decline to release information and follow the facility's authorization process - confidentiality belongs to the patient.