Many medical practitioners are unaware of the crucial rights they have when interacting with the police. One of them is their 1st Amendment right to free speech and expression. The 14th amendment protects against unlawful search and seizure.
They should be aware of these two amendments to understand how law enforcement officers may violate their rights in certain situations. In this post, we’ll discuss them further. Read on.
Legal Background of the 1st and 14th Amendments
1st Amendment
The 1st Amendment gives every U.S. citizen the right to free speech and freedom of expression without government interference or control. It got enacted to avoid the restriction of political beliefs by law enforcement officers.
It also allows for other activities such as giving medical advice or opinions concerning an individual’s condition when asked about it. Practitioners should never be afraid to give an honest medical opinion, even if it conflicts with the law.
14th Amendment
The 14th Amendment gives U.S. citizens who were previously slaves a set of constitutional rights that all others possess. Since they did not have them previously, the government gave them to all former slaves to enhance equal treatment.
It is “equal protection under the law.” The 14th Amendment gives arrested individuals numerous rights, including the privilege against unlawful search and seizure, legal counsel if detained, and the right to resist an illegal arrest or detention.
Being a member of the Private Membership Association will allow you to understand the two amendments better.
What do the 1st and 14th Amendments have to do with medical practitioners?
Once a patient goes to the hospital, law enforcement officers have the right to question them and get any information they believe is necessary to further their investigation. If a practitioner chooses to give his opinion, the court can use it against them.
Law enforcement officers may try to get the practitioner’s opinion of the patient’s condition when they are not yet under arrest. The practitioner should only give an honest opinion based on his training and personal knowledge.
As a medical practitioner, they will enable you to:
- Practice medicine in your chosen area without making outrageous malpractice insurance premiums.
- Maintain the privacy of business and financial affairs.
- Practice medical modalities without being afraid of discrimination and sanctions.
- There will also be less risk of malpractice and lawsuits.
- Practice medicine without the burden of strict compliance with the federal laws dealing with HIPPA laws and protection of the public.
Bottomline
If you join the Private Membership Association, you will better understand your rights. At ProAdvocate Group, we will help you run your business smoothly, free of obstacles. Contact us for more information regarding the 1st and 14th Amendments. We are available 24-7