“Criminal Compliance in the Private Health Sector: Luxury or a Necessity?”, article by Luis Ariza, lawyer at ECIJA, for Lefebvre – El Derecho. Clic here to access the full version of the article.
At ECIJA we offer preventive legal advice in Sanitary Law, in order to proactively protect health centers and medical professionals against the different legal risks that are exposed to in their day to day in the provision of care and health services .
Our objective is to help the client minimize the complaints and claims of patients and other parties involved, through the implementation of a compliance system in the field of health law, also making available to our clients, our legal defense services.
- Patient Care, as the first barrier to avoidance of complaints.
- Compliance with Law 41/2002 on patient autonomy and rights and obligations regarding information and clinical documentation, as well as, if applicable, the regional regulations.
- Patient rights:
- Negatives to treatment and mandatory treatments.
- Right to information and informed consent.
- Advance Directives Documents.
- Special reference to the minor and disabled patients.
- Clinical History (HC):
- Compliance, confidentiality and ownership.
- File: HC content, digitization, time stamping and shelf life.
- Use for research and / or teaching purposes.
- Electronic Medical History: security measures, access levels, electronic signature.
- Review of civil liability and legal defense policies.
- Legal regime of health personnel. Management of the health professions.
- Issuance of legal proceedings.
- Relations between public and private healthcare (concerts) and centers and professionals with health insurance companies.
- Cross-border healthcare in the European Union.
- Legal implications of health tourism.
- Patient discharge: legal implications.
- Legal defense in matters of civil and criminal liability.
- Outsourcing of the corporate role of data protection officer -Data Privacy Compliance Officer.
- LOPD Consulting. Implementation of the Code Type of data protection for private health organizations.
- Compliance Solutions: criminal liability of legal persons in the health field.