LEGAL & MEDICAL ISSUES

Legal and Medical Issues in the Healthcare Profession

Legal and Medical Issues in the Healthcare Profession

Introduction

Medical care often has an impact on the world of law. Care to patients suffering from traffic accidents, occupational, physical attacks and assisting detainees, tends to have implications in the area of the courts. Lately, it seems that within the scope of medical care, especially in emergency rooms and intensive care units has increased intoxicated patient care at least in part by the amount of medical products, domestic and / or industry capable of producing clinical toxic. Most poisonings are accidental etiology but may also have unintended origin, most often as a suicidal attempt or completion, and more rarely with a murderous intent. The lack of practice on medical professionals to assess the legal implications of their actions makes it advisable to repeat a pattern of medico-legal actions generally deal with cases of patients suffering from poisoning, whether dead as survive it.

In the hospital environment is usually performed clinical autopsy cases of patients dying in the center is considered to have interest to clarify the cause or circumstances of illness or death. The clinical autopsy is governed by two laws and although it is contemplated the presumed consent approach to their practice family leave is requested. The forensic autopsy is mandatory in cases of death subject to judicial inquiry that is in violent deaths, suspicious deaths and deaths of non-certified crime.

Discussion & Analyses

When the emergency does not permit delays cause irreversible damage or be able to be in danger of death. This article shall be repealed with the entry into force of a new legal standard in May 2003 on patient autonomy, rights and obligations of information which amends Article 12 stated exceptions keeping risk to public health and serious immediate risk physical and mental integrity of the patient and sets out more fully what is called a consent representation in the degree of temporary or permanent capacity as legal criteria and age (Peregrine & Schwartz, 2002). These assumptions have already been reflected in regional regulations in force in our community.

In the case of poisoned patients we can find mainly in cases of emergency or patient's inability to make decisions. In the first case, the practitioner must act according to medical criteria. The second situation can occur with some frequency in patients suffering from poisoning, because the toxic substances may affect the ability to know and work of the patient. In these cases, the physician must evaluate the degree of impairment of higher functions of the patient, being very convenient Consultation with psychiatry, if possible. Considering that the patient is competent to make decisions must be respected at its discretion. If not, must be obtained from family members and, if this is not possible, act according to the criterion that the physician deems appropriate (Williams, Skirton & Masny, 2006). If the served is a minor or incompetent must be consent by legal representatives and if it is contrary to the opinion of the physician ...