Ana Maria Martinez Escalona’s Post

🎙️ #Podcast Alert! Firm associate Nawa Lodin recently joined the American Bar Association Health Law Section's podcast to discuss the rapidly changing environment related to “#AI in healthcare,” from both a federal executive and legislative perspective, as well as the state law changes using real world examples. Tune in to the full episode below ⬇️⬇️

Health care & life sciences partner Robert Salcido examines the latest FCA case law and potential future constitutional challenges to the qui tam provisions.   Since Robert’s Fourth Edition was published in 2022, courts have issued several important rulings that affect how healthcare businesses are organized and operate and disclose potential overpayments to the government. “This Fifth Edition has been prepared in response to the recent FCA amendments, the surge of FCA litigation and recoveries, and the rapidly developing case law.”   Read Robert’s latest edition of False Claims Act & the Health Care Industry, here: https://lnkd.in/eDtzKNWF

Attention health care professionals! Don’t miss this exclusive opportunity to earn complimentary CLE credits while staying updated on the latest legal trends in health care. With six insightful webinars available live and on-demand, you can learn at your own pace. ✅ Revolutionizing Health Care: The Role of AI in Operations and Delivery ✅ 2024 Health Care Compliance and Enforcement Update ✅ Bridging Cultures in Law: Strategies for an Inclusive and Effective Legal Practice ✅ Navigating the Shifting Landscape of Health Care Transactions ✅ Key Employment Law and Benefit Updates for Health Care Providers ✅ Antitrust Enforcement in Provider Mergers: Untangling the Web of Uncertainty #CLE #HealthcareLaw #VirtualEvent #HealthCareCompliance https://lnkd.in/gWDSX4XZ

Hall Render has some great webinars coming up on AI, employment law and antitrust enforcement trends, among other interesting topics. If you are interested in earning some free CLE credit and brushing up on any of these topics, please register using the link below.

Health Care Law:Legal and ethical issues in health care:- Legal and ethical issues in healthcare are a significant concern for patients, healthcare professionals, and administrators. These issues can be complex and multifaceted, involving a wide range of stakeholders and requiring careful consideration of legal and ethical principles. One of the most important legal issues in healthcare is negligence, which occurs when a healthcare professional fails to provide the standard of care required by law, resulting in harm to the patient. Informed consent is another critical legal issue, requiring healthcare professionals to provide patients with sufficient information about the risks and benefits of a proposed treatment, allowing the patient to make an informed decision about their care. Confidentiality is also a crucial legal issue, requiring healthcare professionals to protect patient information and only disclose it with the patient's consent or as required by law. From an ethical standpoint, healthcare professionals must navigate issues related to patient autonomy, beneficence, non-maleficence, and justice. Patient autonomy is the principle that patients have the right to make decisions about their own care, and healthcare professionals must respect this right even if they disagree with the patient's decision. Beneficence is the principle of acting in the best interests of the patient, while non-maleficence is the principle of avoiding harm to the patient. Justice is the principle of fairness and equity in the distribution of healthcare resources. One of the most challenging ethical issues in healthcare is end-of-life care, which involves decisions about whether to continue or withdraw life-sustaining treatment. This issue is particularly complex when patients lack decision-making capacity, requiring healthcare professionals to balance the patient's autonomy with the need to act in the patient's best interests. Healthcare organizations and professionals must also consider the ethical implications of emerging technologies, such as artificial intelligence and genetic testing. These technologies have the potential to improve patient care, but they also raise ethical concerns about privacy, autonomy, and justice. As way forward, legal and ethical issues in healthcare are complex and multifaceted, requiring careful consideration of legal and ethical principles. Healthcare professionals and administrators must navigate these issues with care, balancing the needs and rights of patients with the requirements of the law and ethical principles. #HealthCare #LawBehind #LegalIssues #EthicalIssues #ConflictOfInterest #RightToHealth

Yash, you've provided an excellent overview of the key legal and ethical issues in healthcare. Let me expand on some of the key points you've raised: Legal Issues: 1. Negligence: Healthcare providers have a duty of care to provide treatment that meets the standard of care expected in the profession. Failure to do so can result in liability for medical malpractice. 2. Informed Consent: Patients have the right to be fully informed about their treatment options, risks, and expected outcomes in order to make autonomous decisions about their care. 3. Confidentiality: Patient privacy and the protection of personal health information is mandated by laws like HIPAA. Unauthorized disclosure can result in legal consequences. 4. Advance Directives: Legal documents like living wills and power of attorney for healthcare allow patients to specify their wishes for end-of-life care. Ethical Issues: 1. Autonomy: Respecting a patient's right to make their own informed decisions about treatment, even if the healthcare provider disagrees. 2. Beneficence: The ethical duty to act in the best interests of the patient and promote their wellbeing. 3. Non-maleficence: The duty to avoid causing harm to the patient through acts of commission or omission. 4. Justice: Ensuring fair and equitable access to healthcare resources, without discrimination. 5. End-of-Life Care: Navigating difficult decisions about continuing or withdrawing life-sustaining treatment, particularly for incapacitated patients. 6. Emerging Technologies: Balancing the benefits of innovations like AI and genetic testing with ethical concerns around privacy, autonomy, and justice. You're absolutely right that these issues require careful consideration and a balanced approach that respects both legal requirements and ethical principles. Healthcare organizations need robust policies, training, and decision-making frameworks to ensure providers can navigate these complex scenarios effectively. Ultimately, the goal should be to uphold the rights and wellbeing of patients, while also supporting healthcare professionals in providing high-quality, ethical care. It's a delicate balance, but one that is essential for maintaining public trust in the healthcare system.

🧑⚕️4 Core principles of healthcare ethics When patients turn to clinicians for assistance, they entrust their #well-being into their hands. In response, doctors should provide compassionate care, guided by the fundamental principles of healthcare ethics: 1️⃣ Autonomy: cherishing patients' autonomy means honouring their choices and ensuring they're empowered to make informed decisions about their health. 2️⃣ Beneficence: at the heart of healthcare lies the commitment to beneficence, where every action helps maximize benefits and minimize harm for patients. 3️⃣ Justice: striving for justice means advocating for fairness and equity in healthcare resource allocation and ensuring equal access to treatment for all. 4️⃣Nonmaleficence: it means that healthcare professionals must strive to avoid causing harm or injury to patients. I believe that by embracing these principles, we can build a culture of trust, integrity, and empathy in #healthcare.

🤔 What does the future of healthcare look like? Share your vision with the Akron Law Review, Symposium Edition: Forging the Future of Healthcare. This October, the Akron Law Review will spotlight visionary legal scholarship from academics and practitioners who hope to solve emerging ethical and legal issues in healthcare. From AI-powered health technology to health data privacy, private equity acquisitions, building consumer trust, biomedical innovation, reproductive and mental health care, and PBM reform, this edition hopes to present innovative ideas that will shape the future of healthcare regulation and delivery in America. ❗️The DEADLINE to submit your one-page proposal on the future of healthcare has been EXTENDED to this Friday, June 7th, at 5 PM EST. We are committed to extending timely offers by Friday, June 14th. Selected authors will draft a 10,000-12,000 word article to be published in Volume 58 of the Akron Law Review and presented at The Unversity of Akron School of Law on Friday, October 4th, 2024. 📩 Proposals may be submitted through Scholastica or directly to me. DM for more information and share this post with your network to spread the word!

FOUR PRINCIPLES OF MEDICAL LAW: The legislation governing the healthcare industry is evolving, and new cases are decided by the courts daily. The healthcare industry is established on four main principles. Let’s have a look at them. PROTECTING PATIENT RIGHTS The law has guaranteed many rights to patients like they can get a copy of their medical records. A patient has many other rights— For instance, while making medical decisions, taking informed consent. They have the right to be treated with dignity and respect.  ENSURING QUALITY OF CARE This ensures the quality of care for the patient. This is done by checking all the criteria of healthcare services provided by a healthcare institute. This helps to prevent practice and ensure quality care even for preexisting conditions. MANAGING MEDICAL MALPRACTICE CLAIMS With advancements in social media platforms, patients become more aware of their rights. They can now claim any malpractice, and issues in the court of law. So it helps in such cases to charge malpractitioners and provide quality care. BALANCING LEGAL AND ETHICAL CONSIDERATIONS Med law and ethics help to understand the legal and ethical considerations while examining each domain. If you are new to healthcare, read all rules and regulations to know about your duty and patients’ rights.

There’s still time to register for next week’s Massachusetts Bar Association (MBA) 2024 Health Law Conference, on Thursday, September 26! R+C’s Yelena Greenberg and Kate Healy served on the MBA’s Health Law Section Symposium Committee, which organized the half-day, virtual conference that will focus on trending topics in healthcare with presentations on cybersecurity, artificial intelligence governance, virtual nursing, implications of changes to federal law governing privacy of substance use disorder, and how the Healey-Driscoll Administration plans on advancing health equity in Massachusetts. #healthlaw