Professional Conduct And Liability
Summary
Professionals are expected to perform specialized tasks due to their expertise. Accountants are regulated due to their impact on investors. The SEC investigates investor information. Negligence or malpractice occurs when professionals fail in their duty of care. Attorneys are not immune from criminal liability. Patients give general consent for routine hospital procedures. The locality rule assesses healthcare conduct based on community standards. HIPAA ensures patient access to records. Hospitals can be liable for non-employee physicians torts under certain theories like ostensible authority and negligent credentialing.Full Conversation
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A professional is a person who can perform a highly specialized task because of his or her special abilities, education, experience, and knowledge.
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An accountant's activities may have an impact on investors who exist outside the accountant's inner circle of clients, so for that reason, and others, accountants are regulated by the Government.
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One of the duties of the Securities and Exchange Commission is to investigate the information given to investors.
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Negligene or malpractice occurs whenever a professional fails to meet his or her duty of care.
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Attorneys are immune from criminal liability.
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When a patient enters the hospital, they automatically give general consent for the routine tests and procedures that are needed for diagnosis and treatment.
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The locality rule judges a healthcare provider's conduct on the basis of how other healthcare professionals in the same community would have acted in the same situation.
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To make sure that a patient has a right to see his or her records, Congress passed the Health Insurance Portability and Accountability Act (HIPAA).
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A hospital can never be held liable for the torts of a physician unless that physician is an employee of the hospital.
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Two legal theories which have been used to add the hospital to the list of defendants in a malpractice lawsuit are ostensible authority and negligent credentialing.
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Hi Elena! Here are the answers to your questions:
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