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The Health Insurance Portability and Accountability Act (HIPAA) compliance patient consent form is essential for properly using and disclosing protected health information (PHI). Failure to get informedconsent can have dire consequences for your organization.
This article is not intended as legal or consulting advice. If your practice is currently using a telebehavioral health approach for patient treatment, or if you organization is considering implementing this approach, we hope this article will give some food-for-thought on the topic.
This article is a follow up to the August 17, 2021, Sending “Surprise” Medical Bills to Patients? Contact your risk attorney through your malpractice insurance company for guidance which is obtained through no additional cost (part of the service you get when paying the insurance premium). Identify eligible cases.
Conceptualizing the professions as knowledge communities informs how they are regulated: licensing requirements, unauthorized practice laws, professional malpractice liability, informedconsent, fiduciary duties, and the scope of protection for professional advice disseminated between professional and client or patient within the relationship.
professional licensing, informedconsent, malpractice liability, and fiduciary duties) while these guardrails run counter to the presumed equality of speakers outside of this relationship. Missouri , announced in June 2024, ultimately held that the plaintiffs did not establish Article III standing. Supreme Court reversed.
Professionals within a professional relationship are subject to a variety of legal constraints, such as informedconsent requirements or professional malpractice liability if things go wrong. For example, free speech is not a defense against a malpractice claim.
Heck, Bexis and our colleague Matthew Jacobson even wrote a law review article on the topic a few years back. These paradigms are difficult to apply to healthcare providers, who operate under a different warnings regime that focused on informedconsent. The Nevada Court of Appeals held that they could sue for both.
Apparently, a fraudulent foreign-trained “doctor” treated the plaintiffs, none of whom claimed malpractice or any physical injury whatsoever. Anyway, this fraudulent “doctor” allegedly “touched them without informedconsent” and caused them “emotional distress. 23 in its current form.
For instance, Plaintiffs relied on a medical journal article that compared the product at issue with the defendant’s own TVT product. She sued the gynecologist, not the surgeon who implanted the mesh, for failing to obtain informedconsent for the implant. That’s right. Can she do that? Now go call your mother.
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