An approach to selected legal issues: confidentiality, mandatory reporting, abuse and neglect, informed consent, capacity decisions, boundary issues, and malpractice claims.
Medical practice occurs within a legal and regulatory context. This article covers several of the legal issues that frequently arise in the general medical setting. While this article provides an overview of approaches to informed consent, boundary issues, and malpractice claims, it is critical for clinicians to be familiar with the specific requirements and standards in the jurisdictions in which they practice. As a general rule, it is most important that physicians recognize that the best way to avoid legal problems is to be aware of legal requirements in the jurisdictions in which they practice, but to think clinically and not legally in the provision of consistent and sound clinical care to their patients.
Department of Psychiatry, Massachusetts General Hospital, 15 Parkman Street, WAC 812, Boston, MA 02114, USA. rbrendel@partners.org
Rebecca Weintraub
RW
Brendel
Marlynn H
MH
Wei
Ronald
R
Schouten
Judith G
JG
Edersheim
D003219:Confidentiality; D017579:Domestic Violence / Q000331:legislation & jurisprudence*; D006801:Humans; D007258:Informed Consent; D008318:Malpractice; D019221:Mandatory Reporting; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D014481:United States