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Medical Law and Ethics

by
Edition:
1st
ISBN13:

9780835951388

ISBN10:
0835951383
Format:
Paperback
Pub. Date:
1/1/2002
Publisher(s):
Prentice Hall

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Summary

"Medical Law and Ethics 2nd Edition provides essential legal and ethical principles for anyone pursuing a healthcare career. It provides a foundation of all the essentials including the legal system, the patient/physician relationship, professional liability and medical malpractice prevention, public duties of the physician, the medical record, confidentiality, bioethical issues, and HIPAA."--BOOK JACKET.

Table of Contents

Preface xi
Acknowledgments xiii
About the Author xv
Introduction to Medical Law, Ethics, and Bioethics
1(14)
Why Study Law, Ethics, and Bioethics?
2(2)
Medical Law
4(1)
Ethics
5(5)
Utilitarianism
5(1)
Rights-Based Ethics
6(1)
Duty-Based Ethics
6(1)
Virtue-Based Ethics
6(1)
Interpersonal Ethics
7(2)
Three-Step Ethics Model
9(1)
What Ethics Is Not
10(1)
Bioethics
10(5)
PART I THE LEGAL ENVIRONMENT 15(42)
The Legal System
17(26)
The Legal System
19(2)
Sources of Law
21(3)
Constitutional Law
22(1)
Statutory and Regulatory Law
22(1)
Common Law
23(1)
Classification of Laws
24(8)
Civil (Private) Law
24(3)
Contract Law
27(3)
Public Law: Criminal Law
30(2)
The Court System
32(1)
Types of Courts
32(1)
The Trial Process
33(10)
The Procedure
33(2)
Subpoena
35(2)
Expert Witness
37(1)
Testifying in Court
38(5)
Importance of the Legal System for the Physician
43(14)
Medical Practice Acts
44(1)
Licensure of the Physician
44(2)
Examination
45(1)
Endorsement
45(1)
Reciprocity
45(1)
Registration
45(1)
Revocation and Suspension of Licensure
46(1)
Licensure and Certification of Allied Health Professionals
46(1)
Practicing Medicine without a License
46(1)
Standard of Care
47(1)
Confidentiality
48(1)
Statute of Limitations
49(1)
Good Samaritan Laws
49(1)
Respondeat Superior
49(8)
Employee's Duty to Carry Out Orders
51(1)
Employer's Duty to Employees
51(6)
PART II THE HEALTH CARE ENVIRONMENT 57(114)
Medical Practice and Allied Health Professionals
59(16)
Today's Health Care Environment
60(1)
Types of Medical Practice
61(3)
Solo Practice
61(1)
Partnership
61(1)
Associate Practice
61(1)
Group Practice
62(1)
Professional Corporation
63(1)
Medical Specialty Boards
64(3)
American College of Surgeons
66(1)
American College of Physicians
66(1)
Allied Health Professionals
67(8)
Registered Nurse
67(1)
Nurse Practitioner
67(1)
Licensed Practical Nurse
68(1)
Pharmacist
68(1)
Physician's Assistant
68(1)
Certified Medical Assistant and Registered Medical Assistant
69(1)
Certified Medical Transcriptionist
69(1)
Laboratory Technician
69(1)
Laboratory Technologist
69(6)
The Physician-Patient Relationship
75(16)
The Physician-Patient Relationship
76(1)
Physician Rights
76(1)
The Physician's Responsibilities
76(1)
Professional Practice Responsibilities
77(1)
The Patient's Rights
77(5)
Confidentiality
80(1)
Patient Self-Determination Acts
80(2)
Rights of Minors
82(1)
The Patient's Responsibilities
82(9)
Consent
82(9)
Professional Liability and Medical Malpractice
91(20)
Professional Negligence and Medical Malpractice
92(1)
The Tort of Negligence
93(4)
The Four Ds of Negligence
93(4)
Defense to Malpractice Suits
97(2)
Denial Defense
97(1)
Assumption of Risk
97(1)
Contributory Negligence
97(1)
Comparative Negligence
98(1)
Borrowed Servant
98(1)
Ignorance of Facts and Unintentional Wrongs
98(1)
Statute of Limitations
98(1)
Res Judicata
99(1)
Professional Liability
99(3)
Civil Liability Cases
99(1)
Physical Conditions of the Premises
100(1)
Promise to Cure
100(1)
Law of Agency
100(1)
Who Is Liable?
100(1)
Liability Insurance
101(1)
Malpractice Insurance
101(1)
Arbitration
102(1)
Liability of Other Health Professionals
102(2)
Dental Assistant
102(1)
Laboratory Technician
102(1)
Nurse
103(1)
Nursing Assistant
103(1)
Paramedic
103(1)
Pharmacist
103(1)
Physical Therapist
104(1)
Respiratory Assistant
104(1)
Malpractice Prevention
104(7)
General Guidelines
104(1)
Safety
105(1)
Communication
105(1)
Documentation
106(5)
Public Duties of the Physician
111(18)
Public Health Records and Vital Statistics
112(7)
Births
113(1)
Deaths
113(2)
Communicable Diseases
115(1)
Child Abuse
116(1)
Elder Abuse
117(1)
Spousal Abuse
117(1)
Signs of Abuse
118(1)
Substance Abuse
118(1)
Gathering Evidence in Cases of Abuse
118(1)
Other Reportable Conditions
119(1)
Controlled Substances Act and Regulations
119(1)
Prescriptions of Controlled Drugs
120(1)
Good Samaritan Laws
120(2)
Protection of the Employee and the Environment
122(7)
Medical Waste
122(7)
Federal Regulations Affecting the Medical Professional
129(24)
Equal Employment Opportunity and Employment Discrimination
130(5)
Employment-at-Will Concept
130(1)
Title VII of the Civil Rights Act of 1964
131(1)
Equal Employment Opportunity Act (EEOA) of 1972
132(1)
Pregnancy Discrimination Act of 1978
132(1)
Civil Rights Act of 1991
133(1)
Age Discrimination in Employment Act of 1967
133(1)
Rehabilitation Act of 1973
134(1)
Americans with Disabilities Act (ADA) of 1990
134(1)
Employee Health and Safety
135(2)
Occupational Safety and Health Act (OSHA) of 1970
135(1)
Health Maintenance Organization (HMO) Act of 1973
136(1)
Comprehensive Omnibus Budget Reconciliation Act (COBRA) of 1985
136(1)
Drug-Free Workplace Act of 1988
136(1)
Compensation and Benefits Regulations
137(3)
Fair Labor Standards Act (FLSA) of 1938
137(1)
Unemployment Compensation
137(1)
Equal Pay Act of 1963
138(1)
Federal Insurance Contribution Act (FICA) of 1935
138(1)
Workers' Compensation Act
139(1)
Employee Retirement Income Security Act (ERISA) of 1974
139(1)
Family and Medical Leave Act (FMLA) of 1994
140(1)
Consumer Protection and Collection Practices
140(3)
Fair Credit Reporting Act of 1971
140(1)
Equal Credit Opportunity Act of 1975
140(1)
Truth in Lending Act (Regulation Z) of 1969
141(1)
Fair Debt Collection Practices Act of 1978
141(1)
Using a Collection Agency
141(1)
Bankruptcy
141(2)
Federal Wage Garnishment Law of 1970
143(1)
Claims against Estates
143(1)
The Statute of Limitations
143(1)
Antitrust Laws
143(1)
The Sherman Antitrust Act
144(1)
The Clayton Act
144(1)
The Federal Trade Commission (FTC) Act
144(1)
Federal Labor Acts
144(9)
The National Labor Relations Act (NLRA) of 1935
144(1)
Labor Management Relations Act (LMRA)
145(1)
Labor Rights
145(1)
Elections
145(1)
Effective Hiring Practices
145(2)
Legal and Illegal Interview Questions
147(6)
The Medical Record
153(18)
The Medical Record
154(1)
Purpose of the Medical Record
154(1)
Contents of the Medical Record
154(6)
Problem-Oriented Medical Record (POMR)
156(1)
SOAP Charting
157(2)
Corrections and Alterations
159(1)
Timelines of Documentation
159(1)
Completeness of Entries
159(1)
Confidentiality
160(1)
Ownership
161(1)
Release of Information
161(1)
Privacy Act of 1974
161(1)
State Open Record Laws
161(1)
Alcohol and Drug Abuse Patient Records
162(1)
Retention and Storage of Medical Records
162(2)
Storage
163(1)
Computerized Medical Records
164(1)
Reporting and Disclosure Requirements
164(1)
Duty to Report AIDS, HIV, and ARC Cases
164(1)
Use of the Medical Record in Court
165(6)
Improper Disclosure
165(1)
Subpoena Duces Tecum
165(6)
PART III MEDICAL ETHICS 171(98)
Ethic and Bioethic Issues in Medicine
173(16)
Early History
174(1)
Ethical Standards and Behavior
175(1)
Codes of Ethics
175(5)
American Medical Association (AMA) Principles of Medical Ethics
176(1)
Judicial Council Opinions of the AMA
176(1)
Code of Ethics of the American Association of Medical Assistants (AAMA)
176(3)
Nurses' Code of Ethics
179(1)
Bioethical Issues
180(1)
Ethical Issues and Personal Choice
180(1)
The Ethics of Biomedical Research
181(2)
Ethics of the Biomedical Researcher
181(1)
Consent
182(1)
Conflicts of Interest
182(1)
Ethics of Randomized Test Trials
182(1)
Problems with the Double-Blind Test
183(1)
Model for Examining Ethical Dilemmas
183(1)
Medical Etiquette
184(5)
Ethical Issues Relating to Life
189(22)
Fetal Development
190(1)
When Does Life Begin?
190(1)
Assisted or Artificial Conception
191(4)
Artificial Insemination
191(1)
In-Vitro Fertilization
192(1)
Surrogate Motherhood
193(1)
Fertility Drugs
194(1)
Contraception
195(1)
Sterilization
195(3)
Voluntary Sterilization
195(3)
Abortion
198(4)
Roe v. Wade
199(1)
Historical Progression of Cases Affecting Abortion
200(1)
Incompetent Persons and Abortion
201(1)
Employee's Right to Refuse to Participate in Abortions
201(1)
Funding for Abortion
202(1)
Ethical Issues Surrounding Abortion
202(1)
Conscience Clauses
202(1)
Genetic Counseling and Testing
203(3)
Genetic Counseling
203(1)
Prenatal Testing
204(1)
Genetic Testing of Newborns
205(1)
Wrongful Life Suits
206(5)
Wrongful Life
206(1)
Wrongful Conception/Wrongful Pregnancy
206(5)
Death and Dying
211(20)
The Dying Process
212(1)
Legal Definition of Death
212(9)
Karen Ann Quinlan Case
212(1)
Criteria for Death
213(1)
Cardiac Death
213(1)
Brain-Oriented Death
214(1)
Uniform Determination of Death Act
215(1)
Withdrawing versus Withholding Treatment
216(1)
Active Euthanasia versus Passive Euthanasia
216(2)
The Nancy Cruzan Case
218(1)
Direct versus Indirect Killing
218(1)
Ordinary versus Extraordinary Means
219(1)
Right to Die Legislation or Right to Refuse Treatment
220(1)
Stages of Dying
221(1)
Advance Directives
221(3)
Choices in Life and Death
224(1)
Suicide
224(1)
Death Certificate
225(1)
Medical Examiner Cases
225(1)
Ethics Committees
226(5)
Allocation of Resources
231(38)
The Health Care Dilemma
232(1)
Health Care Costs and Payments
233(2)
The Allocation of Resources
233(1)
Medicare
234(1)
Medicaid
234(1)
Diagnostic Related Groups (DRGs)
235(1)
Ethics and Managed Care
235(3)
Ethical Considerations of Managed Care
236(1)
The Ethics of Preferred Provider Organizations
236(1)
The Ethics of Fee Splitting
237(1)
Cost Containment Dilemma
237(1)
Distribution of Health Care
238(7)
Limited Access to Health Care
238(1)
Macroallocation and Microallocation of Health Care
238(1)
Principles of Justice and Health Care
239(1)
Rescher's Theory of Social Worth
240(1)
Childress' Lottery Method
241(1)
The Ethics of Transplant Rationing
241(2)
Duty to Treat Indigent Patients
243(1)
Duty to Treat AIDS Patients
243(2)
Quality-of-Life Issues
245(1)
Ethical Concerns with Information Technology (Informatics)
245(8)
Appendices
A. Codes of Ethics
253(12)
Hippocratic Oath
253(1)
Declaration of Geneva
254(1)
Declaration of Helsinki
254(3)
The Nuremberg Code
257(2)
Code for Nurses: Ethical Concepts Applied to Nursing (International Council of Nurses)
259(1)
Allied Health Codes of Ethics
260(1)
Code of Ethics for the Profession of Dietetics
260(1)
Code of Ethics of the American Health Information Management Association
261(1)
Code of Ethics of the American Society for Medical Technology
262(1)
Code of Ethics for Radiation Therapists
263(2)
B. Health Care Regulatory Credentialing Agencies
265(2)
C. Medical Web Sites
267(2)
Index 269

Excerpts

The allied health professional has always been an important member of the medical team. This team awareness is even more critical in today's health care environment since the physician no longer practices medicine alone. Medical Law and Ethics is written in straightforward language that is aimed at the non-lawyer health professional who must be able to cope with multiple legal and ethical issues. This text is appropriate for those persons studying in a college or university who are working toward careers in the allied health field in a variety of settings such as the medical office, hospitals, clinics, and skilled nursing facilities. A wide range of pertinent topics are discussed, such as the legal system, the physician-patient relationship, professional liability and medical malpractice, public duties of the physician, the medical record, and ethical and bioethical issues. The intent is to help the health care professional to better understand our ethical obligation to ourselves, our patients, and our employer. Many legal cases are sprinkled throughout the text to demonstrate the history of the law as it pertains to subjects such as patient confidentiality, managed care, federal regulations affecting the employee, death and dying, and abortion. In some examples, the cases may seem old, but since our legal system is based on case law, they are still pertinent today. A special feature called Med Tips provides quick information about the law and ethics. These brief scenarios and hints help to maintain interest in this vital subject. All chapters include glossary terms highlighted in bold on first reference, extensive end-of-the-chapter exercises, and one actual practice case. The appendix includes a thorough compilation of codes of ethics that form a basis for current practice and a listing of health care regulatory agencies. This text is meant to provide an overview of medical law and ethics. Practicing health care professionals should know the legal requirements in their own jurisdictions. Chapter Structure LEARNING OBJECTIVES.These are an overview of the basic knowledge discussed within the chapter and can be used as a chapter review. GLOSSARY.Important vocabulary terms are listed alphabetically at the beginning of each chapter and printed inboldthe first time they are defined in the text. INTRODUCTION.Each chapter begins with an introductory statement that reflects the topic of the chapter. END OF CHAPTER EXERCISES.A selection of matching and multiple-choice questions are included to test the student's knowledge of the chapter material. SUMMARY.Using a bulleted format, the summary provides a recap of material presented in the chapter. CASE STUDY.The case studies are based on real-life occurrences and offer practical application of information discussed within the chapter. These are included to stimulate and draw upon the student's critical-thinking skills and problem-solving ability. REFERENCES.These useful resources provide further information on the topics included within the chapter. Special Features MED TIP.Brief scenarios are placed at strategic points within the narrative to provide helpful hints and useful information relating to the discussion within the text. LEGAL CASE CITATIONS.Discipline-specific cases are used throughout the text to illustrate the topic under discussion. The cases reflect the many medical disciplines, including that of the physician, that come together in the care of the patient. POINTS TO PONDER.Thought-provoking questions give students an opportunity to evaluate how they might answer some of the tough medically related ethical dilemmas in today's society. These questions can also be used for critical debate among students during a class activity. DISCUSSION QUESTIONS.The


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