Legal Responsibilities of Attending Physicians

An attending physician is a practitioner of medicine who graduated from a college of medicine or osteopathy and has a license from a medical board. These physicians have people's lives in their hands when they treat them, so federal and state regulations control how attending physicians and the medical director operate in a hospital.

Medical Director

• Federal regulations require that a medical facility be overseen by a medical director. The director establishes responsibilities for attending physicians. The attending physicians are required to follow the expectations put forth by the director. The director can assess physician performance and hold the physicians accountable. If the director designates an attending physician to serve on a committee, the physician must do so.

Professional and Regulatory Organizations

• The attending physician must follow the medical ethics guidelines set forth by the American Medical Association and other professional organizations. Attending physicians may be subject to new federal regulations in the future and must be aware of unique state regulations. Physicians should only perform medically necessary services when their hospital bills Medicare and Medicaid for these services.

Patients

• Physicians must accept patients and allow patients to choose their personal physician. The attending physician cannot discriminate against patients on the basis of creed, national origin, color, sex, age, race or sexual preference. The attending physician must always provide adequate medical care to all patients. Attending physicians must give their name, office address, telephone number and area of specialization to all patients and legal professionals. These physicians must always respond to phone calls from patients and legal professionals and discuss medical issues with the patients.

Emergencies

• Physicians must provide on-call and emergency coverage when directed by facility policy or the medical director, including all required visits. The attending physician must visit patients to the extent that is necessary, given the patients' medical conditions. When the patient's physical condition warrants that the attending physician must be present, only a mid-level practitioner can relieve the physician. The attending physician also must meet with the patient during an emergency or when the patient's medical condition suddenly changes. When there is a death, some states require the name of the attending physician to be provided to the funeral director.

Medications

• When physicians give medication to patients, some states require doctors to give enough information to the patients so they can make informed decisions regarding treatment. Physicians should also tell patients about other options, including hospice care.