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Medical Law And Ethics,9780131177086

Medical Law And Ethics

by
Edition:
2nd
ISBN13:

9780131177086

ISBN10:
0131177087
Format:
Paperback
Pub. Date:
1/1/2005
Publisher(s):
Prentice Hall
List Price: $50.00

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Summary

This overview of medical law and ethics is written in straightforward language fornon-lawyerhealthcare professionals who must be able to cope with multiple legal and ethical issues they encounter while working in a variety of settings--e.g., the medical office, hospitals, clinics, and skilled nursing facilities. It is designed to help them better understand their ethical obligation to themselves, their patients, and their employer.New to this edition are: Changes in Contract Law; Hiring Practices such as personnel policy manual, interview process, legal implications, sexual harassment, discrimination issues relating to selecting employees, incompetent and dishonest colleagues; Expanded coverage of Privacy Law and confidentiality - to cover more on confidentiality, HIPAA and other laws affecting the disclosure of personal information; Expanded coverage of Consent - to include more about informed and uninformed consent, problems when implementing consent, the right to refuse treatment. Also discussed are: Physician's Orders: what to do when the health care worker disagrees with the orders, what orders can be carried out with or without a written physician's orders; Malpractice Avoidance; and Truth-telling as in cases of patients who do not want to be told their diagnosis or families who do not wish to have the patient told. New to the End of Chapter activities include: Expanded "Web Hunt" exercises; Chapter Review fill-in-the-blank exercises to each chapter; and More Case Studies.For those in the allied health field in a variety of settings such as the medical office, hospitals, clinics, and skilled nursing facilities.

Table of Contents

Preface ix
Letter to the Student xi
How to Interpret Case Citations xiii
Acknowledgments xv
About the Author xvii
Introduction to Medical Law, Ethics, and Bioethics
1(22)
Why Study Law, Ethics, and Bioethics?
2(3)
Medical Law
5(1)
Ethics
6(8)
Models for Examining Ethical Dilemmas
14(2)
What Ethics Is Not
16(1)
Bioethics
17(6)
PART I THE LEGAL ENVIRONMENT
23(64)
The Legal System
25(24)
The Legal System
26(3)
Sources of Law
29(2)
Classification of Laws
31(8)
The Court System
39(1)
The Trial Process
40(9)
Importance of the Legal System for the Physician
49(17)
Medical Practice Acts
50(1)
Licensure of the Physician
51(2)
Licensure and Certification of Allied Health Professionals
53(1)
Standard of Care
54(1)
Confidentiality
55(1)
Statute of Limitations
56(1)
Good Samaritan Laws
57(1)
Respondeat Superior
58(3)
Risk Management
61(5)
Medical Practice and Allied Health Professionals
66(21)
Today's Health Care Environment
67(4)
Types of Medical Practice
71(4)
The Ethics of Fee Splitting
75(1)
Medical Specialty Boards
75(3)
Allied Health Professionals
78(9)
PART II THE HEALTH CARE ENVIRONMENT
87(138)
The Physician--Patient Relationship
89(30)
The Physician-Patient Relationship
90(1)
Physician's Rights
90(1)
Physician's Responsibilities
91(1)
Professional Practice Responsibilities
91(9)
Patients' Rights
100(7)
Rights of Minors
107(1)
Patients' Responsibilities
108(4)
Role of the Health Care Consumer
112(7)
Professional Liability and Medical Malpractice
119(24)
Professional Negligence and Medical Malpractice
120(1)
The Tort of Negligence
121(6)
Defense to Malpractice Suits
127(2)
Professional Liability
129(3)
Arbitration
132(1)
Liability of Other Health Professionals
133(2)
Malpractice Prevention
135(8)
Public Duties of the Physician
143(19)
Public Health Records and Vital Statistics
144(7)
Controlled Substances Act and Regulations
151(2)
Protection of the Employee and the Environment
153(9)
Federal Regulations Affecting the Medical Professional
162(25)
Equal Employment Opportunity and Employment Discrimination
163(4)
Employee Health and Safety
167(3)
Compensation and Benefits Regulations
170(3)
Consumer Protection and Collection Practices
173(4)
Antitrust Laws
177(1)
Federal Labor Acts
178(1)
Labor Rights
179(8)
The Medical Record
187(17)
The Medical Record
188(1)
Purpose of the Medical Record
188(1)
Contents of the Medical Record
189(4)
Confidentiality
193(1)
Ownership
194(1)
Retention and Storage of Medical Records
195(2)
Reporting and Disclosure Requirements
197(1)
Use of the Medical Record in Court
198(6)
Confidentiality in Medical Practice
204(21)
Confidentiality
205(1)
Health Insurance Portability and Accountability Act (HIPAA) of 1996
205(13)
Ethical Concerns with Information Technology (Informatics)
218(7)
PART III MEDICAL ETHICS
225(72)
Ethical and Bioethical Issues in Medicine
227(18)
Early History
228(1)
Ethical Standards and Behavior
228(1)
Codes of Ethics
229(1)
Codes of Ethics for Other Medical Professionals
230(2)
Ethics Committees
232(1)
Bioethical Issues
233(2)
Ethical Issues and Personal Choice
235(1)
The Ethics of Biomedical Research
236(2)
Medical Etiquette
238(7)
Ethical Issues Relating to Life
245(29)
Fetal Development
246(1)
Assisted or Artificial Conception
246(5)
Contraception
251(1)
Sterilization
251(3)
Abortion
254(6)
Conscience Clauses
260(1)
Genetic Counseling and Testing
260(3)
Wrongful-Life Suits
263(1)
Human Genome Project
264(1)
Genetic Engineering
265(9)
Death and Dying
274(23)
The Dying Process
275(1)
Legal Definition of Death
275(7)
Stages of Dying
282(1)
Quality-of-Life Issues
283(1)
Use of Medications
284(1)
Hospice Care
284(1)
Palliative Care
285(1)
Viatical Settlements
286(1)
Advance Directives
286(2)
Choices in Life and Death
288(2)
Death Certificate
290(1)
Medical Examiner Cases
290(7)
Appendix A. Codes of Ethics 297(12)
Appendix B. Health Care Regulatory Credentialing Agencies 309(2)
Appendix C. Medical Web Sites 311(3)
Appendix D. Case Citations 314(3)
Appendix E. Supplemental Cases for Discussion 317(6)
Glossary 323(12)
Index 335


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