Starting medical school is a big step. While most students worry about meeting the academic standards and rigors of clinical training, there’s another aspect that often goes overlooked – the legal side of medical education.
Legal knowledge is not just for lawyers. It’s essential for medical students to understand how laws and policies will impact their schooling and, possibly, future careers. From understanding your rights as a student to knowing how to protect patient confidentiality, the legal components of medical school are as important as the science of healing.
Student Rights and Responsibilities
Medical students are subject to rules and protections under school policies and federal laws. We encourage you to know your rights to ensure a fair and respectful learning environment for yourself and fellow students.
Below are federal laws you’ll hear in the news and see on posters around campus. This list isn’t exhaustive but a good starting point.
- Title VI – prohibits discrimination based on race, skin color or national origin
- Title IX – prohibits discrimination based on sex in federally funded education programs and activities
- Section 504 – prohibits discrimination because of a person’s disability
- Title II of the Americans with Disabilities Act (ADA) – requires states and local governments to provide equal opportunities to people with disabilities
- Age Discrimination Act – prohibits discrimination based on age in federally funded education programs
Key Actions to Take:
Keep copies of your school’s academic and disciplinary policies or know where to find them on the website. Each program’s policies will vary somewhat, unlike federal laws that apply to all federally funded institutions. Also, document interactions with faculty or administrators when you feel your rights are compromised.
Liability and Medical School Training
When you begin clinical rotations, you enter a time when medical errors, even if unintentional, could lead to legal consequences. Though your actions as a student are supervised, it’s important to know the extent of your legal responsibility.
For example, if an error occurs during patient care, who is held accountable? Medical schools generally provide liability insurance for students, but it’s your responsibility to know exactly what is covered.
Key Actions to Take:
Review your school’s insurance policy and determine if you want supplemental malpractice insurance. If unsure, consult with legal advisors in your school’s administration or with a law firm like ours. You can contact us here.
Contracts and Agreements
Throughout medical school, you will encounter several legally binding documents like financial aid agreements, residency contracts and housing leases. The legal terminology and implications in these documents can be confusing. Yet, misunderstanding or overlooking terms in agreements could lead to conflicts or even legal disputes.
Key Actions to Take:
Before signing any contract, whether for internships, scholarships or housing, review it carefully, even the fine print. Yes, you should read before you sign! If too complicated after a quick search of terms, consult with a legal advisor at your school or with a firm like ours.
HIPAA and Patient Privacy Laws
These laws will be drilled in your head during medical school. But, it doesn’t hurt to have another reminder because patient privacy is a big deal.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that regulates how medical professionals handle patient information. Violating HIPAA can result in fines or loss of your certification. Even small errors, such as discussing patient information in public spaces or failing to secure records, could carry legal consequences.
Key Actions to Take:
Be sure you speak in anonymous details when discussing patient cases or submitting reports, and never share patient information outside the clinical setting. Also, follow your institution’s regulations for securing patient records and use only approved communication channels and devices for patient-related discussions.
The Education Litigation Group Knows Medical Students’ Rights
Being prepared legally is just as important as your academic and clinical performances in medical school because understanding your rights and responsibilities now can save you from complications in the future. From knowing how to ensure patient confidentiality to obtaining the right liability insurance during clinical rotations, these legal considerations make for an easier path to becoming a doctor.
If you have questions about your rights and responsibilities or worry that your rights are being compromised, contact our law firm. We’ve helped hundreds of medical students understand the law and benefit from its protection.
Call 1-800-580-9167 or complete this form.