The Civil Complaint Process - Essay Example

Week 4 Week 4 The Civil Complaint Process This paper regards professional regulation and criminal liability of physicians in thestate of Ohio. The care and safety of the patient is the work of the health care industry. The importance of this industry has sprouted numerous rules, practices and systems that are related to its prevention. Any deviation from the accepted medical standards of care that causes injury directly or indirectly to clients is referred to as medical malpractice, (American Association of Retired Persons. 2004). There is slight variation of laws and statutes across the states with commonalities in substance. Nevertheless, the licensees of The Medical Board of Ohio are disciplined by the Board for violating Medical Practices Act. Other grounds of discipline include: Drug prescription in an inappropriate manner, issuing false information, failure in meeting the continuity of education requirements and impairment of ability to practice due to substance abuse. The complaint process from the civil is as follows: a number is assigned to every received complaint and reviewed initially by the Boards Secretary and Supervising member. A letter will be sent conveying closure of the complaint if no sufficient basis is found. The Secretary and the Supervising Member will be in charge of overseeing the investigations and gathering of information. If there is sufficient evidence, an attorney Enforcement Coordinator who drafts a formal charge to be reviewed by the Boards Secretary, the Supervising Member and the Ohio Attorney General’s office before being forwarded to the Board Members will be assigned the case. The Board members are the decision makers on whether or not the citation letter should be sent. (American Association of Retired Persons, 2004) Role of Regulatory Agencies The American Board of Medical Specialties, the National Certification Commission for Acupuncture and Oriental Medicine and the Agency for Healthcare Research and Quality are a lot of existing agencies giving help to combat medical malpractice policies. There are also the Government Accountability Office and the National Academy for the State Health Policy. A reprimand, probation, suspension, limitation and permanent license revocation are some of the disciplinary actions given for sufficient evidence of violation. There is automatic suspension for the Practitioners found guilty in court. The Board may also call for a summary suspension pending a hearing in emergency cases (American Association of Retired Person, 2004). Criminal Liability There are many situations a physician might find themselves eligible for misconduct or malpractice; namely, treatment delays, errors in medical judgment, or alteration of medical records may entail criminal prosecution. There are charges of negligence and homicide, manslaughter or second degree murder for Faulty decisions in patient care resulting in injury or death. Criminal liability, which lead to imprisonment and license revocation, is established when experts have testified to the defendant’s requisite state of mind. As earlier stated, the criminal justice varies from state to state. There are general common stages. First, an investigation by the law enforcement will ensue. There may be issuance of a search warrant to gather evidence of an alleged crime, interrogation of witnesses to get a clearer and more accurate understanding of the story. Thereafter, an arrest will be made with an arrest warrant if probable cause is evident or even without one if it is a case of felony or a misdemeanor crime. Either an indictment by a grand jury or a preliminary hearing would be the next step, then an arraignment or the formal presentation of charges. Bail is allowed for some cases. In a case where bail is not allowed, a plea bargain may be done by the defendants pleading guilty for lesser charges. Otherwise a trial will ensue. An appeal may be in order for mistakes such as inadmissible evidence depending on the verdict. Risk Management These are strategies that reduce the likelihood of harm, loss or an adverse outcome. This requires systematic utilization and gathering of data. Efficient risk management techniques are at the core of efficient patient care as they minimize the possibility of an adverse outcome or a medical malpractice claim (American Academy of Family Physicians, n.d.). There are various attitudes, skills and knowledge that are critical to risk management. Risk management has the basic role of reducing unwanted outcomes to patients. Consequently, risk management activities are tailored towards the reduction of risk to patients and the resultant liability to healthcare providers. The foundation for risk management is, therefore, a high standard of care. There are various factors of risk management. First, there is quality assurance. Quality assurance entails oversight and monitoring. Moreover, it requires the continuous definition of clinical standards, a careful study of outcomes, provision of data and a meticulous analysis of systems. In addition, quality improvement entails monitoring of clinical practice and proactively attending to potential problems or actual risk. Three processes mark the medical risk management. The first step is identification of risk. This involves a careful analysis of the situation. The second step is the minimization of loss or risk, and thirdly, reduction of the impact of loss when it eventually occurs. Essentially, medical risk management aspires to reduce risk through improvement of patient care. Medical risk management entails several factors. First there is need for appropriate competencies. The competencies are acquired through training at the end of which a physician should clearly document the quality of care provided to patients. The physician should also communicate both risks and benefits of therapy for medical conditions as well as ensuring informed consent. The physician should also evaluate their practice for potential liability risks. The physician should also develop proper attitudes, skills and knowledge. The physician should have a proper awareness of the potential risk and the professional liability they are likely to encounter. They should also be able to apply a thorough knowledge of source of law relating to medical malpractice. Knowledge of important skills, such as proper communication, appropriate interaction with regulatory bodies and relevant documentation, is necessary. Procedure for Criminal Prosecution The process of criminal prosecution in the US is usually complex due to the numerous cases involving medical malpractice (Monico et al, 2006). Generally, cases of medical malpractice are on the rise. Upon filing criminal charges against a physician who has allegedly committed a medical malpractice, investigations commence. Nevertheless, such allegations have to be submitted in writing giving a detailed description of the alleged crime, name and profession of the accused and any potential; witnesses, if any. The ensuing investigation is conducted by the regulatory body and may entail interviewing the patient or the party that has filed the allegation and the physician involved in the malpractice. The regulatory body will also interview any other person, such as coworker, employers or employees, who may provide relevant information. When the regulatory body has gathered enough evidence to demonstrate a violation of the Ohio Public Health Code, an assistant attorney general files a formal Administrative Complaint against the physician, charging them with the specific violations of the Ohio Public Health Code. If there are sufficient grounds to suggest an immediate risk to public health, there may be need to revoke the license of the physician until their case is heard and determined. The Ohio Public Health Code has several provisions that lead to criminal prosecution. There are numerous examples, including allegations of inappropriate sexual relationship with patients, provision of controlled substances without any medical necessity, fraudulent billing and performing medical unnecessary procedures for personal financial gain, among others. These offences give rise to a licensing action and also fall within the ambit of many state and federal criminal statutes; thus, further exposing the physician to potential criminal prosecution (Monico et al, 2006). Other than criminal prosecution, an accused physician may face numerous other consequences. These may include the collateral damages. This is because any sanctions against the physician will be made public through online facilities and the Disciplinary Action Report. Moreover, a notice of the sanctions may also be sent to many state and federal authorities, professional associations, and even the Associated Press. Consequently, a convicted physician will have nowhere to hide. Generally, the severity of the offence determines the amount of collateral damage inflicted upon the physician. Consequently, a healthcare provider under criminal investigations may face career-threatening implications if appropriate steps are not taken. Such steps include getting an experience healthcare counsel. Reference American Academy of Family Physicians (n.d.) Risk Management and Medical Liability. American Academy of Family Physicians, No. 281. American Association of Retired Persons. (2004, December 16). Ohio Medical Board Consumers Guide. Retrieved from http://www.med.ohio.Gov/consumers.htm. Monico, E., Kulkarni, R., Calise, A. & Calabro, J. (2006) The Criminal Prosecution of Medical Negligence. The Internet Journal of Law, Healthcare and Ethics. Volume 5 Number 1. Read More