Healthcare

Professional Regulation and Criminal Liability Paper
Marissa N. Davis
    HCS 430
      September 20, 2010
                Professor Matt Dennis

In the state of Georgia, unprofessional conduct is defined by the Medical Practice Act as any departure from or failure to conform to the minimal standards of acceptable and prevailing medical practice and shall include but not be limited to the use of drugs or prescribing, diagnostic procedures or treatment which is detrimental to the patient.
Examples of unprofessional conduct include but not limited to, insufficient record keeping, prescribing drugs in disproportionate amounts or without justifiable reason, physical abuse of a patient, not recognizing or acting upon common symptoms, performing duties beyond the extent of one’s certificate, license, and dishonesty, and personal impairment that hinders safely practicing within the extent of one’s certificate or license.
In 2005, the Governor signed a Senate Bill 3 (SB3) that required affidavits in medical malpractice complaints and ensured enhanced defendant access to patient health information.   The apologies of physicians' are not admitted in court as admission of liability and malpractice insurers are to report to state any judgment or settlement over $10,000. In the event that there are two guilty verdicts, report any further judgments to Medical Board; three guilty verdicts in 10 years can have license revoked or required additional education. There is limited liability in emergency room situations unless proven gross negligence. With the revision of joint/several liability, it is now a $350,000 noneconomic damage limit and an aggregate limit of $1.05 million.
Medical malpractice suits have a state law that governs the applicable statute of limitations (time within which individuals must file a lawsuit), as well as the minimum qualifications of expert witnesses. Many states have passed legislation imposing limitations or "caps" on... [continues]

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