Medical law is an expanding area and extremely important to meet health-related lawsuits. The professional specialized in Medical Law understands the rights and duties, related to legal-legal issues, health professionals and people who use health services, for prevention or defense in lawsuits.
Doctors, nurses, lawyers, pharmacists, psychologists, dentists, clinic administrators and hospitals are increasingly being pressured by the amount of rules and regulations related to their professional practice.
On the one hand, patients are searching for their right to health, for providing a quality service and for repairing some damage caused by the medical practice. On the other hand, health professionals and medical institutions are also seeking their rights to defend an undue charge.
In some cases, negligence, malpractice or recklessness occurs and the professional or medical institution has responded financially with their actions or omissions, even without the right to work in their area for the loss of professional practice.
In recent years the number of conflicts involving health has increased and has become prevalent in the courts. The main lawsuits are filed against health plans and hospitals and are related to civil law and consumer law.
Justice in numbers
According to the Justice in Numbers Report 2016, of the National Council of Justice (CNJ), in 2015 we had in Brazil more than 854,000 judicial health claims. Being that the actions against health plans lead in the ranking with 293,449 lawsuits for the search of the right of the consumer. You can check out the full list of health-related lawsuits in the article published on the legalization of health.
In addition to this growth of lawsuits, the market needs professionals specialized in Medical Law to mediate the legal relationships that involve medical practice and health services and to assist health professionals, patients and institutions through advisory services in litigation and consultative action.
Specialists in Medical Law can work in hospitals, law firms, health institutions, consumer protection agencies, public defenders, health plan operators and in academic teaching.
Medical Law needs to be valued and applied as an advisory and preventive medium in order to examine risks and behaviors and provide legal advice to health professionals and institutions in order to avoid prosecution.
Important Tips for a Career in Medical Law
Consumer Protection Code – the provision of medical services falls within the Consumer Protection Code. The professional needs to know well the set of norms to have property and to know which rights support the patient.
Code of Medical Ethics – Know all the rules that should be followed and the ethical aspects related to medical conduct in the exercise of your profession.
Interdisciplinarity – it is fundamental to understand the medical practice, to have a notion of biology, anatomy, and physiology and to know how the human body works. Every human being is unique, just as each case is unique. Therefore, this understanding is exceptional. It is also important, following the precepts of professional secrecy, to talk with health professionals to understand some situation and receive guidance.
A study – Be careful to look at a medical cause. Information is gold, so be equipped with it. Research well, study and verify if the foundation of the cause has a scientific and logical foundation.
Clarify – in the defense of some party involved in the case, make an explanatory introduction to the case, contextualize every situation so that the judge understands well. Gather all important documents and data.
Human relationship – be prepared psychologically to participate in the life of the patient, the doctor or the person involved in the case. The human being has its fragilities and most of the time the situation can arrive with suffering and with the emotional stability affected. Be a friend and mentor.
Justice must be effective. The demand is very great for proactive and preventive professional action to the legal protection applied to health demands. In order to have professional success in the area of Medical Law, study, be a guiding instrument, have strong argument and evidence to favor your defense. Know the rights and duties of patients and professionals and health institutions, respect rules, have a critical eye and common sense.
Be prepared to act professionally according to all laws that involve Medical and Health Law. Meet the MBA in Medical Law and Legal Protection Applied to Health, be a specialist in this area and have professional success.