Where Ethics Meets the Law: Navigating Clinical Risk, Responsibility, and Patient Rights
8:30 am Welcome and Introductions
8:40 am Breaking the Law with the Right Surrogate, or Following Policy with the Wrong One?
Claire Horner, JD, MA
Associate Professor, Center for Medical Ethics & Health Policy
Baylor College of Medicine
Abstract: Abstract: Patients have a right to make their own medical decisions, and this right does not end when they lose their ability to voice their preferences. Instead, surrogate decision makers are empowered to speak for them, typically by law and/or policy. In situations where a patient or judge has not appointed a medical decision-maker for a patient, many states, including Pennsylvania, have laws that dictate who has authority to act as a surrogate when the patient loses capacity to ensure the patient has an advocate, preferably one who knows their wishes. What happens, though, when the legally authorized surrogate is not the most ethically appropriate one? In this session Professor Horner will use two clinical ethics cases to explore the tension between ethics and law that can arise in surrogate decision making. Participants will explore the challenges of this conflict, identify strategies to mediate such disputes, and discuss preventive steps to avoid these dilemmas from occurring.
9:45 am Autonomy in Context: Refusal of Treatment and Treatment over Objection
Joseph T. Bertino, PhD, HEC-C
Director of Clinical Ethics
Wellstar Health System
Abstract: Respect for patient autonomy is a cornerstone of healthcare ethics, yet clinicians often face difficult situations when patients refuse recommended treatment. This session examines the ethical and practical challenges of treatment refusal, including assessing decision-making capacity, distinguishing autonomous choices from impaired judgment, and navigating treatment over objection in emergency and non-emergency settings. Through case-based discussion, participants will explore the roles of healthcare professionals, surrogate decision-makers, and ethics principles in balancing respect for patient choice with the obligation to prevent serious harm.
10:50 am Medical Negligence and Professional Liability: Navigating Risk,
Responsibility, and Real-World Practice
Mike Gianantonio, Esq
Attorney
AMG Law, LLC
Abstract: Healthcare professionals operate at the intersection of clinical care, legal accountability, and ethical responsibility—often without clear boundaries. This session examines how laws shape everyday practice, from informed consent and patient rights to malpractice risk and error reporting. Through real-world cases and Pennsylvania-specific statutes, participants will explore when medical errors may carry criminal consequences and how legal pressures influence transparency, communication, and patient safety culture. The session also highlights key protections, including the Benevolent Gesture Act, offering practical guidance on communicating with patients and families while reducing liability. Attendees will leave with a clearer understanding of their legal responsibilities and strategies to navigate complex situations with confidence and integrity.