Legal Issues in Geriatric Surgery

Chapter in: Principles and Practice of Geriatric Surgery, Edited by Ronnie A. Rosenthal, Michael E. Zenilman, and Mark R. Katlic, Published by Springer International Publishing, Forthcoming

FSU College of Law, Public Law Research Paper No. 884

58 Pages Posted: 19 Apr 2017

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Date Written: April 18, 2017

Abstract

The practice of surgery involving older patients is extensively regulated in the United States in a variety of ways. Besides direct government command and control (“Thou shalt” and “Thou shalt not”) regulation and indirect regulation through Medicare and Medicaid reimbursement rules, a number of private entities contribute to the oversight of surgery practice through their standard-setting and disciplinary activities. A further source of regulation is the American judicial system, under which the courts may be used by individual patients who bring private civil malpractice lawsuits to seek financial compensation from particular surgeons and other health care professionals and institutions for harms that the defendants have wrongfully caused. Particularly egregious behavior, such as patient abuse, may even subject a health care professional to the possibility of criminal law prosecution. This chapter examines three specific areas of legal regulation affecting the practice of surgery for older patients. These foci are medical malpractice litigation, informed decision making requirements and exceptions, and confidentiality protections. Additionally, general risk management considerations for the surgeon treating geriatric patients are outlined.

Keywords: Surgery Jurisprudence; Surgery Law; Surgery Legal; Surgical Malpractice; Informed Consent for Surgery; Decision Making Capacity; Advance Medical Planning; Surgery Risk Management; Geriatrics Shared Decision Making

Suggested Citation

Kapp, Marshall, Legal Issues in Geriatric Surgery (April 18, 2017). Chapter in: Principles and Practice of Geriatric Surgery, Edited by Ronnie A. Rosenthal, Michael E. Zenilman, and Mark R. Katlic, Published by Springer International Publishing, Forthcoming, FSU College of Law, Public Law Research Paper No. 884, Available at SSRN: https://ssrn.com/abstract=2954613

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

625 Eagle View Circle
Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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