Medical and aesthetic practice managers face many challenges. They must market their practices to draw customers, as they are managing a business. Moreover, since these practices offer personal services, managers need to protect their practices from possible legal issues. Here are some of the legal issues that medical businesses may face.
Dental Offices
As with any other healthcare practice, dentists need to ensure that their patients understand all the procedures they perform and are in agreement. The client must be fully informed of any dental procedure performed by a dentist or member of the dental staff. The dental staff will then ask the client to verbally confirm their understanding and sign a document attesting that they are aware of the potential risks of any procedure.
Business legal issues can arise when dental practice managers are selling or purchasing a practice. The contracts should include the liability of each dental practice if the patient has a problem related to procedures performed at the former office. These “retreatment” procedures could be expensive. It is important to clearly define the responsibilities of both parties; otherwise, a situation could turn into a treatment nightmare.
A signed informed consent form protects the dental practice in case the patient later returns and complains that the dentist performed an operation with which they were not happy. Legal disputes between dental offices and vendors or consulting dentists are possible. It is essential to have a dental lawyer.
Orthopedic Doctors
As orthopedic doctors work with joints and bones, their practice may limit mobility in the event of a surgical or treatment error. Most of the legal issues relating to orthopedic procedures involve devices that are surgically implanted in joints or bones. A patient may react negatively to an implanted medical device, even if the doctor has performed perfectly. A negative reaction to an implanted device may lead to serious medical problems.
Hip and knee replacement surgery is a common procedure performed by orthopedists. These joint replacement surgeries are often the source of business legal issues for orthopedic practices. Any irregularities in joint surgery can lead to severe pain, loss of mobility, or infection. These issues could lead to a lawsuit.
Nerves near bones are also a surgical concern. Nerves and muscles work together to move bones. It is hard to avoid damaging nerves during surgery because they are so thin. Cutting or nicking a nerve may cause problems ranging from tingling pains to loss of mobility.
Cosmetic Dermatologists
Dermatology is the study of skin disorders. Cosmetic dermatologists focus on procedures that improve the appearance of skin. All they do is visible. This means that even the smallest mistakes can have a negative impact on the business.
Cosmetic dermatology surgery is no different from any other type of surgery. Patients are at risk for infection. Before any surgery, surgeons wash their hands and arms thoroughly and wear gloves to prevent the spread of germs. Germs are not visible, so it is impossible to tell if they are present during surgery. Skin infections can have serious medical consequences. They can alter the appearance of a patient and can also affect their health.
The nerves of cosmetic dermatologists who perform surgery are at risk for similar problems as those of orthopedic doctors. Cosmetic dermatologists who damage a facial nerve during surgery can cause a frozen facial expression. Cosmetic dermatologists are sought by people who care about their appearance and expect to see an improvement. If the results don’t match their expectations, they will often sue their doctor.
Health Care Services
HIPAA regulations and privacy concerns are common business legal issues in the healthcare industry. Your healthcare practice must have a HIPAA policy in writing. A copy must be given to every patient. HIPAA violations are committed when staff members violate a patient’s privacy. These breaches can damage your company’s reputation and result in heavy fines.
The office will bill the insurance company for services rendered to patients. Unscrupulous offices try to cheat insurance companies by billing for services they did not perform or falsely increasing the number or type of visits to clients. False claims laws are designed to stop such unethical practices.
Many types of healthcare practices are affected by employment laws and professional discipline charges. To protect both you and your employees, each employee should have an employment contract. If your office is involved in an employee disciplinary matter and the employee’s actions are brought to court, you will need a corporate lawyer who has experience in dealing with legal issues in your healthcare field.
Other Employee Legal Issues
OSHA violations affect employee safety, and companies are required to adopt practices that protect their employees from workplace injuries. Businesses in the healthcare industry must also take precautions to prevent infectious diseases. A worker who has been injured can claim that the company did not take enough precautions to protect them. The employee may bring legal action against the employer in such a situation.
In their daily business, all businesses use chemicals in some form. Certain chemicals are hazardous in certain circumstances. Federal regulations require businesses to provide a Material Safety Data Sheet (MSDS) for every chemical they use. The same is true for healthcare companies. All chemicals and substances used by the office or in medical procedures must be documented in this manual.
You must be prepared to defend yourself or your practice if you are ever taken to court. It is important to document every patient correctly, as this documentation may be used in court. Managers must educate their staff about how to properly document patient procedures. It is wise to hire chart auditors who can check the charts of patients for compliance.
Nonsurgical Cosmetic Treatment
In the same way that cosmetic surgery aims to improve a person’s appearance, a growing number of nonsurgical procedures are becoming more popular. These procedures are designed to target wrinkles, folds, and other facial irregularities. It is wise to have a malpractice lawyer on call in case of legal issues.
Botox injections for facial wrinkles are quite common. Botox works by paralyzing the muscles responsible for wrinkles. Botox may spread to other areas of the body, causing muscle weakness or loss of movement. This can lead to a lawsuit if it happens.
Dermal fillers are injections that can be used to remove wrinkles. They carry some of the risks associated with Botox. Hyaluronic acid is often found in dermal fillers. This body fluid joins cells together. Dermal fillers can produce dramatic results, but they can also cause complications or discomfort.
Estheticians
In the last few decades, estheticians have become more popular. These practitioners correct skin irregularities using dermabrasion and medical lasers. These procedures can also alter your facial expression. Client dissatisfaction may lead to legal issues.
Plastic surgeons are increasingly hiring estheticians to educate and answer questions about skincare for their clients. Estheticians are also hired by dermatologists. Estheticians who hold these advisory positions may be sued because of their relationship with doctors.
Medical Weight Loss Clinics
Two main approaches are available in medical weight loss clinics for physician-supervised weight reduction. Some clinics offer weight loss medication that requires supervision by a physician. Some clinics specialize in different types of weight-loss surgery. Legal issues can arise for both types of clinics that specialize in medical weight loss.
Weight loss clinics often have clients who are obese, and as a result, they may be limited in their mobility. These patients can fall or hurt themselves when they try to move after surgery. The clinic staff may be considered negligent if they do not provide clients with instructions and assistance regarding safe ways to mobilize. Clients who don’t get enough nutritional support and guidance after a weight loss intervention may not see the desired results.
Staffing requirements have increased due to the popularity of medical weight loss clinics. The roles of the staff in these clinics are not yet clearly defined. There is a growing need for more legal regulations and explicit guidelines for assigning staff to specific procedures.
Optometrists
Many business legal issues can arise when managing an optometry office. Recent legal challenges are a result of “failure-to-refer.” These rulings apply to situations where a client reports vision problems and the doctor does not act fast enough to diagnose the problem or refer them to a specialist who can help. This ruling can be used if the patient suffers from a loss of vision as a result of the delay.
Optometrists may also be sued for “failure to diagnose” when they fail to diagnose glaucoma. Glaucoma is difficult to diagnose as it may not show any symptoms. It can be challenging to diagnose, even with an eye examination, because it is hard to detect unless the pupil of the eyes has been sufficiently dilated by eye drops. The optometrist can be sued if the condition is not detected, and the patient loses vision.
All healthcare workers should be familiar with the legal definition of negligence. Negligence is made up of four elements: duty of care, breach of duty, injury, and causation. Your staff must be aware of these four elements and meet their duty of care.
IV Therapist
For many years, intravenous therapy has been used to deliver chemotherapy and medications. In the last few decades, IV therapy has been used to deliver targeted vitamins, wellness infusions, and hangover relief. These therapies, which are administered directly to the veins of patients, can cause complications. These complications can lead to legal issues.
These solutions combine sterile salt with vitamins, amino acids, and energy enhancers. These therapies are reported to have a rapid recovery time from a hangover or an increase in energy. Clinics that offer these services now protect themselves by putting up written disclaimers to inform their clients that the FDA has not yet approved these treatments.
The staff of IV therapy clinics should be educated about the precautions necessary to prevent infection. A serious infection can spread throughout the body, causing complications in addition to infections at the IV site. An accidental needlestick could expose your staff to an infection if the client’s infection is transmitted through the blood. Your practice will benefit from having an attorney who is familiar with the services offered by your firm.
Psychiatrists
People with mental health issues can benefit from psychiatric treatments. These practices are used by clients with mental and emotional problems. However, if these issues are not addressed, the issues can affect their bodies. A psychiatrist may believe that their client is a danger to themselves or others. The psychiatrist should be able to determine when it’s legal to notify the police about this threat.
A psychiatrist might be asked to assess a client’s competency to defend themselves in court. A psychiatrist may also be asked about a family’s situation, most often child custody. After evaluating the situation, they might be asked for their opinion on the best option for the child. They may be asked to testify before a court about these legal issues.
Legal issues in business can be very complex. Medical practice managers need to protect their staff and clients against legal consequences. You can ask an attorney to clarify any legal issues you might encounter.
Conclusion
In conclusion, navigating the legal landscape of the medical and aesthetic industries can be complex and daunting. Healthcare and aesthetic practitioners must be vigilant in understanding the legal issues that can arise within their respective practices. Whether dealing with informed consent in dental offices, addressing complications in orthopedic procedures, or managing patient privacy in accordance with HIPAA, each specialty has its own set of legal challenges that require careful attention.
Business legal issues also extend to employment practices, malpractice claims, and compliance with safety regulations, which can all impact a practice’s reputation and financial stability. From nonsurgical cosmetic treatments to medical weight loss clinics, understanding the potential legal pitfalls and implementing preventive measures, such as thorough documentation and legal consultations, is essential.
For medical and aesthetic practice managers, having a clear understanding of their responsibilities and legal obligations, along with legal representation when needed, is crucial for protecting both their patients and their businesses. By proactively addressing these legal concerns and ensuring compliance with industry regulations, managers can minimize risks and safeguard the long-term success of their practices. With proper legal guidance, medical businesses can thrive while maintaining trust and professionalism in the eyes of their patients.