Where law once had little day-to-day impact on medical practice, law now
permeates every corner of medical care and affects all medical care
practitioners. The penalties have also changed. Not long ago most medical
legal issues just involved a medical malpractice claim. Now providers can face
huge, uninsured civil fines and even jail time. Medical care practitioners now
accept that patients should learn about their diseases and treatments. This
facilitates more effective informed consent and makes patients more effective
partners in their own care. It is common to find patients with chronic conditions
who know more about their diseases than most physicians. Medical care
practitioners must adopt this same attitude themselves about the law.
Just as patients need not become doctors or nurses to take some responsibility
for the management of their medical conditions, a medical care practitioner
need not know as much as an attorney about law in general. However, it is
critical to know how to recognize and avoid the legal problems that are specific
to the professional’s own practice. This is a different type of knowledge than
that of the attorney. Just as one does not need to know how to work on a car
to avoid hitting a jay- walking pedestrian, one does not need to understand
the nuances of antitrust law to avoid illegal conversations at the local medical
society meetings.