Legal and Medical Aspects of Tort Law

Chapters 3 & 4: Everything

• Medical assistant ethics involves daily considerations of balancing patient confidentiality with public safety. Laws and frameworks address these issues.
• Provider performance is judged based on standards and guidelines set by law. Following societal rules is mandatory.
• Medical assistants should be aware of relevant laws but not every legal detail.
• Ethical dilemmas arise when two moral principles conflict, sometimes leading to a choice between right and wrong.
• Laws regulate behavior (criminal versus civil, liability insurance), while ethics address professional, organizational, and personal considerations.
• Common law develops through court decisions and precedents, evolving over time.
• State laws vary between states and cover areas like criminal, family, and property law.
• Federal laws apply nationwide, governing areas like immigration, bankruptcy, and civil rights; these laws have precedence over state law in conflicts.

Arbitration and Mediation

• Arbitration involves a neutral third party making a binding decision, often in commercial disputes. It is faster and less formal than court.
• Mediation uses a neutral third party to help disputing parties reach a mutual agreement. It focuses on facilitated communication.

Medical Malpractice

• Medical malpractice occurs when a doctor's actions fall below the accepted standard of care.
• Malpractice insurance, also called errors and omissions coverage, protects against mistakes in medical care, but not against criminal acts.
• Employers may offer professional liability insurance for medical assisting staff.
• Personal liability coverage may be needed if employed by others.

Common Law, State Law, Federal Law

• Common law evolves through legal precedents set by court decisions.
• State law is created and applies within a specific state, with considerable variation between states. It covers criminal, family, and property law matters.
• Federal laws apply nationwide and take precedence over state laws if conflicts occur.

Civil Law

• Civil law regulates interactions between individuals and entities, covering everything except criminal offenses.
• The standard of proof in civil cases is preponderance of the evidence, a lower standard than in criminal cases.
• Misdemeanors are less severe crimes, typically with punishments of less than a year in jail.
• Felonies are more serious crimes, often punished by a year or more in jail.
• Tort law arises from the Latin word for "wrong." It establishes the responsibility of wrongdoers to compensate victims for those wrongdoings, in cases of unintentional or intentional harm.

Standard of Care

• The standard of care defines a reasonable person's actions in similar circumstances and is often based on the specific role and skills of the person being assessed.
• In medical cases, the standard of care is based on the actions of a competent healthcare professional.

Immune System Summary

• The immune system protects the body from invaders.
• Lymphatic nodes are part of the immune system that can swell in response to infection.

Antigens and Antibodies

• Antigens are substances that trigger an immune response.
• Antibodies are the cells that neutralize these antigens.

T Cells and B Cells

• T cells and B cells are types of lymphocytes.
• B cells produce antibodies in humoral immunity.
• Helper T cells assist other immune cells.
• Killer T cells destroy infected cells.
• Memory T cells retain information for future encounters.
• Suppressor T cells inhibit other T cell actions.

Active and Passive Immunity

• Active immunity involves exposure to an antigen, triggering the body's own production of antibodies. Typically vaccines.
• Passive immunity involves receiving antibodies from an outside source, temporary immunity for short term protection.

AIDS & HIV

• The prevalence of HIV varies by region.
• Early symptoms of HIV infection include flu-like symptoms while later symptoms become more severe.
• Treatment includes medication like reverse transcriptase inhibitors (NRTIs) and non-nucleoside reverse transcriptase inhibitors (NNRTIs) to manage HIV and AIDS.

Types and locations of different infections

• Pneumonia (bacterial or viral),
• meningitis, encephalitis
• esophagus infections
• Diarrhea
• Skin inflammation
• Various forms of pneumonia,

Cancer

• Benign tumors grow slowly and do not spread to other parts of the body.
• Malignant tumors are cancerous and have altered cell structures; they grow rapidly, irregularly and spread.
• Cancers are classified by their origin (carcinoma, sarcoma, leukemia, lymphoma) and degree of differentiation (well-, moderately-, or poorly differentiated).

Lupus

• Lupus is a chronic autoimmune disease that can affect multiple organs.
• Symptoms vary but commonly include skin rashes (butterfly rash), joint pain, fever, fatigue, and kidney problems.
• No cure. Treatment focuses on managing symptoms.

Other related Conditions

• Plaquenil (used for Lupus)
• HIV (immune virus)
• AIDS (condition related to untreated HIV)
• Colorectal cancer (malignant)

Digestive System

• Digestive system involves four phases: Ingestion, Digestion, Absorption, and Elimination.
• Digestive processes involve various organs, including mouth, esophagus, stomach, intestines, and others.
• The small intestine is composed of three segments: duodenum, jejunum, and ileum.
• Teeth, tongue, saliva, are all vital to digestion.

Urinary System

• The urinary system involves kidneys, ureters, bladder, and urethra.
• Waste products are removed from blood in the kidneys.
• Urine is stored in the bladder and then expelled from the body.
• Medical terms describe urinary output, such as dysuria (painful), hematuria (blood), nocturia (nighttime), oliguria (low urine), polyuria (excess urine).

Dialysis

• Hemodialysis uses a machine to filter blood, while peritoneal dialysis uses the lining of the abdomen.
• AV fistula and grafts are used to allow for access for dialysis, often created through surgical means.

Diagnostic Tests for GI and Other Issues

• X-rays, endoscopies, and other methods help diagnose GI tract problems.
• Medical history, patient symptoms, including frequency and characteristics are often useful as well.

Additional Diseases

• Cirrhosis of the Liver (a chronic liver disease) and symptoms include GI issues like vomiting, constipation, weakness. Chronic issues often lead to impairment in blood circulation, elevated blood pressure inside the liver, swelling in the abdomen.
• Diverticulosis (pouches in the colon), symptoms vary, from no symptoms to issues like irregular bowel movements, lower abdominal pain, and mild fever. Often requiring treatment with antibiotics, dietary changes and/or surgery
• GERD (Gastroesophageal Reflux Disease) is the flow of stomach acid into the esophagus. Treatment may involve dietary modifications, medications, or surgery.