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Legal and Ethical Issues for Health Professionals,9780763726331
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Legal and Ethical Issues for Health Professionals

by
ISBN13:

9780763726331

ISBN10:
0763726338
Format:
Paperback
Pub. Date:
2/28/2005
Publisher(s):
Jones & Bartlett
List Price: $63.95
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Summary

Legal and Ethical Issues for Health Professionals is an important and practical guide to aide in the resolution of ethical dilemmas with legal implications. This comprehensive reference provides both the student and practicing health care professional with an overview of the ethical and legal issues that face healthcare providers today. The reader will better understand ethical dilemmas and learn how to evaluate and distinguish between the rightness and wrongness of alternative courses of action when faced with complicated problems to solve. From the Preface: Legal and Ethical Issues for Health Professionals is a comprehensive reference to the questions of right and wrong for the student and practicing health professional. This text will provide the reader with a strong foundation to build upon to help in the understanding of ethical dilemmas. The reader will learn how to evaluate and determine the rightness or wrongness of alternative courses of action when things are just not always what they seem. Ethics in the health care setting is about doing the right thing. It involves recognizing ethical dilemmas and appropriately addressing them. The purpose of this text is to provide both the student and practicing health care professional with an overview of the ethical and legal issues that face healthcare providers. The text: presents ethical and legal concepts in an easily understood format; reviews the basic principles of ethics and the law; provides insight into how ethics and the law are intertwined; provides an understanding as to how both ethics and the law permeate every aspect of the decision-making process in the health care setting; presents case studies to illustrate real life issues; guides students and caregivers to resources to help them practice more effectively within the boundaries of ethical principles and applicable laws; explores the use of ethics and the law to assist caregivers in resolving ethical conflicts and dilemmas; and, reviews an organization's boundaries as to what is acceptable and unacceptable behavior. This book starts with the premise that to act in an ethical manner, means to engage in conduct according to the acceptable principles of right and wrong. The author's objective is to provide the reader with the background knowledge necessary to understand that ethics is a manner of using integrity based decisions in order to determine what actions need to be taken when faced with common health care dilemmas.

Table of Contents

Preface ix
SECTION I ETHICS
1(128)
Introduction to Ethics
3(32)
Introduction
4(1)
Ethics
4(5)
Ethical Theories
9(4)
Code of Hammurabi
13(1)
Principles of Health Care Ethics
14(6)
Morality
20(1)
Virtues and Moral Values
21(7)
Situational Ethics
28(1)
The Final Analysis
29(6)
Contemporary Ethical Dilemmas
35(38)
Introduction
36(1)
Abortion
36(9)
Acquired Immune Deficiency Syndrome
45(7)
Artificial Insemination
52(1)
Organ Donations
53(3)
Research, Experimentation, and Clinical Trials
56(5)
Sterilization
61(1)
Wrongful Birth, Wrongful Life, and Wrongful Conception
62(11)
Health Care Ethics Committee
73(16)
Introduction
74(1)
Committee Structure
74(1)
Goals of the Ethics Committee
74(1)
Committee Functions
75(3)
Ethics Consultation
78(2)
Expanding Role of Ethics Committees
80(2)
Convening the Ethics Committee
82(1)
Reasoning and Decision Making
83(3)
Helpful Hints
86(3)
End-of-Life Dilemmas
89(40)
Introduction
90(1)
Self-Determination: Significant Events
90(2)
Euthanasia
92(9)
Physician-Assisted Suicide
101(3)
Oregon's Death with Dignity Act---1994
104(1)
Patient Self-Determination Act---1990
105(1)
Advance Directives
105(5)
Appointed Decision Makers
110(4)
Futility of Treatment
114(2)
Withdrawal of Treatment
116(13)
SECTION II LAW
129(90)
Development of Law
131(16)
Introduction
132(1)
Sources of Law
133(4)
Government Organization
137(4)
Administrative Departments and Agencies
141(6)
Introduction to Law
147(34)
Introduction
148(1)
Tort Law
148(1)
Negligence
148(7)
Intentional Torts
155(2)
Infliction of Mental Distress
157(2)
Criminal Law
159(4)
Contracts
163(3)
Trial Procedures and the Courtroom
166(15)
Government, Ethics, and the Law
181(14)
Introduction
182(1)
XIV Amendment to the U.S. Constitution---1868
182(1)
Public Policy as a Principle of Law
183(1)
Civil Rights Act---1964
183(1)
Sherman Antitrust Act---1890
183(1)
Privacy Act---1974
184(1)
Emergency Medical Treatment and Active Labor Act---1986
185(1)
Health Care Quality Improvement Act---1986
186(2)
Agency for Healthcare Research and Quality
188(1)
Ethics in Patient Referral Act---1989
188(1)
Patient Self-Determination Act---1990
188(1)
Health Insurance Portability and Accountability Act---1996
189(1)
Political Malpractice
189(6)
Organizational Ethics and the Law
195(24)
Introduction
196(1)
Organizational Conduct under Scrutiny
196(2)
Organizational Structure
198(1)
Doctrine of Respondeat Superior
199(1)
Corporate Negligence
200(2)
Corporate Duties and Responsibilities
202(12)
Building and Restoring Trust
214(5)
SECTION III HEALTH CARE PROFESSIONALS
219(84)
Health Care Professionals' Ethical and Legal Issues
221(48)
Introduction
222(1)
Chiropractor
222(2)
Dentistry
224(2)
Dental Hygienist
226(1)
Dental Assistant
227(1)
Dietitians and Nutritional Care
228(1)
Emergency Department
229(3)
Emergency Medical Technician
232(2)
Laboratory Technician
234(2)
Medical Assistant
236(4)
Medical Records
240(1)
Nursing
241(8)
Pharmacist
249(4)
Physical Therapist
253(2)
Physician Assistant
255(1)
Psychologist
256(3)
Respiratory Therapist
259(2)
X-Ray Technician
261(2)
Certification of Health Care Professionals
263(1)
Licensing Health Care Professionals
263(1)
Helpful Advice for Caregivers
264(5)
Physicians' Ethical and Legal Issues
269(20)
Introduction
270(1)
Principles of Medical Ethics
270(2)
Credentialing Professionals
272(1)
Hospital's Duty to Ensure Competency
273(1)
Physician Supervision and Monitoring
273(2)
Honoring a Patient's Right to Autonomy
275(1)
Abandonment
275(2)
Aggravation of a Preexisting Condition
277(1)
Alternative Procedures: Two Schools of Thought
278(1)
Confidential Communications
278(1)
Falsification of Records
279(1)
Failure to Respond: Emergency Department Call
280(1)
Failure to Provide Informed Consent
280(1)
Failure to Read Nurses' Notes
280(2)
Failure to Seek Consultation
282(1)
Failure to Obtain Adequate History and Physical
282(2)
Infection Control Issues
284(1)
Medications
284(1)
Misdiagnosis
284(1)
Obstetrics and Gynecology
285(1)
Physician--Patient Relationship
285(4)
Employee Rights and Responsibilities
289(14)
Introduction
290(1)
Employee Rights
290(6)
Employee Responsibilities
296(1)
Responsibility to Be a Patient Advocate
296(7)
SECTION IV THE PATIENT
303(50)
Patient Consent
305(20)
Introduction
306(1)
Informed Consent
306(2)
Consent and Ethical Codes
308(1)
Assessing Decision-Making Capacity
308(1)
Adequacy of Consent
309(1)
Proof of Consent
310(1)
Who May Authorize Consent?
311(4)
Implied Consent
315(1)
Right to Refuse Treatment
316(6)
Statutory Consent
322(3)
Patient Abuse
325(14)
Introduction
326(1)
Elder Abuse
326(7)
Child Abuse
333(6)
Patient Rights and Responsibilities
339(14)
Introduction
340(1)
Patient Rights
340(8)
Patient Responsibilities
348(5)
Glossary 353(10)
Index 363


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