Law and Ethics for Medical Careers

by Judson, Karen

• ISBN13: 9780078289408
• ISBN10: 0078289408
• Edition: 3rd
• Format: Paperback
• Copyright: 2002-10-04
• Publisher: Career Education

Summary

"Law and Ethics for Medical Careers, 4th edition," provides an overview of the laws and ethics you should know to help you give competent, compassionate care to patients that is within acceptable legal and ethical boundaries. The text can also serve as a guide to help you resolve the many legal and ethical questions you may reasonably expect to face as a student and, later, as a health care practitioner. The text features pertinent legal cases, anecdotes, and sidebars related to health-related careers. Content has been updated and special attention has been paid to legislation affecting health care..

Table of Contents

Part 1: The Foundations of Law and Ethics	1	(82)
Introduction to Law and Ethics	2	(17)
Why Study Law and Ethics?	3	(3)
Court Cases Illustrate Risk of Litigation	4	(2)
Comparing Aspects of Law and Ethics	6	(7)
Law	6	(2)
Ethics	8	(1)
Codes of Ethics	8	(2)
Bioethics	10	(2)
Etiquette	12	(1)
Qualities of Successful Health Care Practitioners	13	(6)
Working in Health Care	19	(33)
Licensure, Certification, and Registration	20	(1)
Reciprocity	21	(1)
Medical Practice Acts and Medical Boards	22	(4)
Health Care Professions	26	(5)
The Physician's License and Responsibilities	31	(3)
License Revocation or Suspension	32	(2)
Respondeat Superior	34	(1)
Medical Practice Management Systems	34	(2)
Sole Proprietorship	34	(1)
Partnership	35	(1)
Professional Corporation	35	(1)
Group Practice	35	(1)
Types of Managed Care	36	(4)
Health Maintenance Organizations	37	(1)
Preferred Provider Organizations or Preferred Provider Associations	38	(1)
Physician-Hospital Organizations	38	(1)
Other Variations in Managed Care Plans	38	(2)
Legislation Affecting Health Care Plans	40	(3)
Health Care Quality Improvement Act of 1986	40	(1)
Health Insurance Portability and Accountability Act of 1996	40	(1)
Controlling Health Care Fraud and Abuse	41	(1)
The Patients' Bill of Rights Act of 1999	42	(1)
Risk Management	43	(1)
Telemedicine	44	(8)
Consumer Precautions Regarding Telemedicine	45	(7)
Law, the Courts, and Contracts	52	(31)
The Basis for Laws	53	(1)
Sources of Law	54	(1)
Classifications of Law	55	(3)
Criminal Law	55	(1)
Civil Law	56	(2)
Tort Liability	58	(3)
Intentional Torts	58	(2)
Unintentional Torts	60	(1)
The Court System	61	(2)
Federal Courts	61	(1)
State Courts	62	(1)
Contracts	63	(2)
Types of Contracts	65	(4)
Expressed Contracts	65	(3)
Implied Contracts	68	(1)
The Physician-Patient Contract and Managed Care	69	(1)
The Physician's Rights and Responsibilities	69	(2)
The Patient's Rights and Responsibilities	71	(3)
Termination of Contracts	74	(3)
Law of Agency	77	(6)
Part 2: Legal Issues for Working Health Care Practitioners	83	(70)
Professional Liability and Medical Malpractice	84	(30)
Liability	85	(1)
Standard of Care	86	(3)
Physicians	86	(2)
Other Health Care Practitioners	88	(1)
Privacy, Confidentiality, and Privileged Communication	89	(5)
The Tort of Negligence	94	(8)
Res Ipsa Loquitur	97	(3)
Damage Awards	100	(2)
Elements of a Lawsuit	102	(4)
Phases of a Lawsuit	102	(2)
Witness Testimony	104	(1)
Courtroom Conduct	105	(1)
Alternative Dispute Resolution	106	(8)
Defenses to Liability Suits	114	(16)
Preventing Liability Suits	115	(3)
Standards of Care and Safety	115	(1)
Communicating With Patients	116	(2)
Documentation	118	(1)
Types of Defenses	118	(6)
Denial	119	(1)
Affirmative Defenses	119	(2)
Technical Defenses	121	(3)
Professional Liability Insurance	124	(6)
Medical Records and Informed Consent	130	(23)
Medical Records	131	(9)
Entries	131	(1)
Photographs, Videotaping, and Other Methods of Patient Imaging	132	(1)
Corrections	133	(1)
Ownership	134	(1)
Retention and Storage	134	(1)
Confidentiality	134	(1)
Technological Threats to Confidentiality	135	(2)
Release of Information	137	(3)
Consent	140	(5)
Informed Consent	140	(3)
When Consent is Unnecessary	143	(2)
Uniform Anatomical Gift Act	145	(2)
Frequently Asked Questions About Organ Donation	145	(2)
The National Organ Transplant Act	147	(6)
Part 3: Professional, Social, and Interpersonal Health Care Issues	153	(141)
Physicians' Public Duties and Responsibilities	154	(24)
Vital Statistics	155	(5)
Births	155	(2)
Deaths	157	(3)
Public Health Statutes	160	(18)
Communicable and Other Notifiable Diseases	160	(4)
The National Childhood Vaccine Injury Act of 1986	164	(2)
Reportable Injuries	166	(2)
Identifying Abuse	168	(1)
Drug Regulations	169	(9)
Workplace Legalities	178	(22)
How the Law Affects the Workplace	179	(3)
Hiring and Firing	179	(1)
Discrimination	180	(2)
Labor and Employment Laws	182	(2)
Employment Discrimination Laws	182	(1)
Wage and Hour Laws	183	(1)
Workplace Safety Laws	183	(1)
Other Terms of Employment	183	(1)
Employee Safety and Welfare	184	(8)
Occupational Safety and Health Administration (OSHA)	184	(2)
OSHA Health Standards	186	(2)
Workers' Compensation	188	(3)
Unemployment Insurance	191	(1)
Hiring and the New Employee	192	(8)
Interviews	192	(2)
Bonding	194	(1)
Employment Paperwork	195	(5)
The Beginning of Life and Childhood	200	(22)
The Influence of Technology on the Beginning of Life	201	(1)
Genetics	201	(8)
Genetic Testing	202	(2)
Genetic Testing and Discrimination	204	(1)
Genetic Engineering	205	(1)
Human Stem Cell Research	206	(1)
Legislation Banning Cloning	207	(1)
Gene Therapy	207	(2)
Conception and the Beginning of Life	209	(3)
Infertility	209	(1)
Adoption	210	(2)
Rights of Children	212	(10)
Best Interest of the Child Concept	212	(1)
Rights of the Newborn	212	(2)
Teenagers	214	(8)
Bioethics: Social Issues	222	(30)
Bioethical Issues	223	(1)
AMA Ethical Guidelines	223	(29)
Mandatory Parental Consent to Abortion	223	(1)
Abortion	224	(1)
Abuse of Spouses, Children, Elderly Persons, and Others at Risk	225	(1)
Allocation, Cost, and Service Issues	226	(1)
Capital Punishment and Treatment of Prisoners	227	(1)
Research-Related Issues	228	(5)
Genetic Engineering	233	(1)
Assisted Reproduction	234	(3)
Organ and Tissue Donation and Transplantation	237	(4)
Choices for Life or Death	241	(4)
HIV Testing	245	(1)
Information from Unethical Experiments	246	(6)
Interpersonal Relationships and Practice Matters	252	(25)
Ethics and the Business of Health Care	253	(1)
Interprofessional Relationships	253	(4)
Nonscientific Practitioners	253	(1)
Nurses	253	(1)
Allied Health Professionals	254	(1)
Referral of Patients	254	(1)
Chiropractic	255	(1)
Sports Medicine	255	(1)
Sexual Harassment and Exploitation Between Medical Supervisors and Trainees	255	(1)
Hospital Relations	256	(1)
Communications and Confidentiality Issues	257	(1)
Advertising	257	(1)
Direct-to-Consumer Advertisements of Prescription Drugs	257	(1)
Advertising and Publicity	257	(1)
Physician Advisory or Referral Services by Telecommunication	258	(2)
Communications Media: Standards of Professional Responsibility	260	(4)
Confidentiality	261	(3)
Fee and Charges	264	(1)
Professional Courtesy	265	(1)
Medical Records	265	(2)
Disposition of Medical Records	266	(1)
Practice Matters	267	(3)
Conflicts of Interest	269	(1)
Managed Care	270	(1)
Professional Rights and Responsibilities	270	(7)
Death and Dying	277	(17)
Attitudes Toward Death and Dying	278	(1)
Determination of Death	278	(3)
Autopsies	279	(2)
Teaching Health Care Practitioners to Care for Dying Patients	281	(1)
Landmark Events Concerning the Right to Die	282	(2)
Caring for Dying Patients	284	(2)
Palliative and Curative Care	284	(1)
Hospice Care	285	(1)
Planning Ahead	286	(5)
Living Will	288	(1)
Durable Power of Attorney	288	(1)
Health Care Proxy	289	(1)
Do-Not-Resuscitate (DNR) Order	289	(1)
Organ Donor Directives	289	(2)
Euthanasia and Physician-Assisted Suicide	291	(1)
The Grieving Process	292	(2)
What is Grief?	292	(1)
Stages of Grief	293	(1)
Finding Support	294