{"title":"Legal Liability in Neurology: Navigating Malpractice and Regulatory Compliance.","authors":"Joseph S Kass","doi":"10.1055/a-2595-3461","DOIUrl":null,"url":null,"abstract":"<p><p>This article provides a comprehensive examination of legal liability in neurology, encompassing both malpractice litigation and compliance with federal regulations. The article highlights how legal accountability hinges on adherence to the standard of care, the adequacy of informed consent, and accurate documentation of decision-making capacity. Special attention is given to legal and ethical challenges in treating vulnerable populations, including children, pregnant women, and cognitively impaired individuals, for whom neurologists must navigate consent, reporting mandates, and surrogate decision-making. The article also explores driving restrictions for individuals with epilepsy or dementia, where state-specific laws and evolving tort doctrines influence physician liability. The assessment of decision-making capacity and testamentary competency is addressed, emphasizing the role of the neurologist in legal proceedings and estate planning. Brain death determination is discussed as a particularly contentious area with significant implications for organ donation and family disputes. On the regulatory side, the article reviews key statutes such as HIPAA, the 21st Century Cures Act, the False Claims Act, and the Stark Law, identifying the implications for privacy, billing practices, and physician referral behavior. Risk management strategies are offered to help neurologists navigate legal uncertainty, strengthen patient relationships, and comply with federal mandates. This article aims to serve as both a practical guide and a legal primer for neurologists practicing in an increasingly litigious and regulated environment.</p>","PeriodicalId":49544,"journal":{"name":"Seminars in Neurology","volume":" ","pages":"492-502"},"PeriodicalIF":2.0000,"publicationDate":"2025-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Seminars in Neurology","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1055/a-2595-3461","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/6/18 0:00:00","PubModel":"Epub","JCR":"Q3","JCRName":"CLINICAL NEUROLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
This article provides a comprehensive examination of legal liability in neurology, encompassing both malpractice litigation and compliance with federal regulations. The article highlights how legal accountability hinges on adherence to the standard of care, the adequacy of informed consent, and accurate documentation of decision-making capacity. Special attention is given to legal and ethical challenges in treating vulnerable populations, including children, pregnant women, and cognitively impaired individuals, for whom neurologists must navigate consent, reporting mandates, and surrogate decision-making. The article also explores driving restrictions for individuals with epilepsy or dementia, where state-specific laws and evolving tort doctrines influence physician liability. The assessment of decision-making capacity and testamentary competency is addressed, emphasizing the role of the neurologist in legal proceedings and estate planning. Brain death determination is discussed as a particularly contentious area with significant implications for organ donation and family disputes. On the regulatory side, the article reviews key statutes such as HIPAA, the 21st Century Cures Act, the False Claims Act, and the Stark Law, identifying the implications for privacy, billing practices, and physician referral behavior. Risk management strategies are offered to help neurologists navigate legal uncertainty, strengthen patient relationships, and comply with federal mandates. This article aims to serve as both a practical guide and a legal primer for neurologists practicing in an increasingly litigious and regulated environment.
期刊介绍:
Seminars in Neurology is a review journal on current trends in the evaluation, diagnosis, and treatment of neurological diseases. Areas of coverage include multiple sclerosis, central nervous system infections, muscular dystrophy, neuro-immunology, spinal disorders, strokes, epilepsy, motor neuron diseases, movement disorders, higher cortical function, neuro-genetics and neuro-ophthamology. Each issue is presented under the direction of an expert guest editor, and invited contributors focus on a single, high-interest clinical topic.
Up-to-the-minute coverage of the latest information in the field makes this journal an invaluable resource for neurologists and residents.