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Professional Liability

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Professional Regulation and Criminal Liability Paper
University of Phoenix
HCS/430 Legal issues in Health Care
August 3, 2010

There are currently over 50 different “acts and behaviors that are defined as professional misconduct for physicians” (State of New York Department of Health, 2010). The most common acts and behaviors that are reported as misconduct fall under categories such as: negligence, incompetence, impairment, sexual abuse and fraud. This paper will explore medical misconduct as it relates to physicians. The author will identify the civil complaint process for the state of Florida that will help patients to report suspected professional misconduct or incompetence, and will investigate the regulatory agency that will be called upon to investigate such allegations. The author will also explore the process in which the regulatory agency determines and applies appropriate disciplinary actions.
Medical Misconduct Negligence can be defined as “the failure to exercise the care that would be used by a reasonable prudent physician in the same situation” (State of New York Department of Health, 2010). Physicians that fail to follow medical standards while treating patients are considered to be negligent, even if no injury occurred. In order for a physician to be found negligent “all that must be proven is that a physician failed to meet the standard of care” (State of New York Department of Health, 2010). Negligent acts can be any of the following: wrongful treatment of an injury or illness, “treatment that caused new problems to develop, a diagnosis given too late for treatment to be effective or if the doctor initiated the wrong treatment due to minimal investigation of the problem” (ArticleBase, 2008).
Incompetence occurs when a physician does not “possess the skill or knowledge to practice medicine” (State of New York Department of Health, 2010).

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