Medical Law and Ethics

by Fremgen, Bonnie F.

Edition:

3rd

ISBN13:

9780135129043

ISBN10:

0135129044

Format:

Paperback

Pub. Date:

12/28/2007

Publisher(s):

Prentice Hall

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Summary

This bestseller presents a wealth of timely information on the legal and ethical principles in healthcare. Noted for its straightforward style in which it acquaints readers with essential information, the book examines topics such as the patient/physician relationship, professional liability, medical malpractice prevention, the medical record, confidentiality, bioethical issues, and HIPAA. Completely revised in a new 3rd edition, this overview of medical law and ethics is written in straightforward language fornon-lawyerhealthcare professionals. It is designed to help them better understand their ethical obligation to themselves, their patients, and their employer. Features of the new edition include: full-color images illustrate concepts and provide a dynamic reader experience; integrated case studies illustrate real-world examples of legal issues and principles in actual medical settings; and actual legal citations are highlighted throughout the text to assist with in-depth research.

Author Biography

Dr. Fremgen earned her PhD at the University of Illinois and was a student in the law program for health care professionals at Loyola Law School, Loyola University, Chicago. Dr. Fremgen has taught ethics at the University of Notre Dame, South Bend, Indiana; the University of Detroit, Detroit, Michigan; and Saint Xavier University, Chicago, IL. She has taught ethics and medical assisting courses to allied health students at Robert Morris College in Chicago and Ivy Tech College in South Bend, IN. Dr. Fremgen has authored five books and has been the recipient of a number of awards including; Weekly Column “Women in Business,” The Daily Southtown newspaper; Who’s Who in International Women, 1988; Who’s Who in American Nursing, 1984, 1986-1987; Outstanding Management Achievement Award, Humana, 1982. She has also been a member of the Society for Business Ethics, the International Society of Business and Society, the Academy of Management, the Midwest Business Administration Association, the Forum for Healthcare Planning, the American Society of Public Administrators, and the Illinois Public Health Association.

Preface	p. xi
Letter to the Student	p. xiii
How to Interpret Case Citations	p. xv
About the Author	p. xvii
Reviewers	p. xix
Introduction to Medical Law, Ethics, and Bioethics	p. 1
Why Study Law, Ethics, and Bioethics?	p. 3
Medical Law	p. 6
Ethics	p. 8
Models for Examining Ethical Dilemmas	p. 15
What Ethics Is Not	p. 17
Bioethics	p. 18
The Role of Ethics Committees	p. 19
Quality Assurance Programs	p. 19
Medical Etiquette	p. 20
The Legal Environment	p. 25
The Legal System	p. 25
The Legal System	p. 27
Sources of Law	p. 28
Classification of Laws	p. 32
The Court Systems	p. 40
The Trial Process	p. 41
Importance of the Legal System for the Physician	p. 49
Medical Practice Acts	p. 51
Licensure of the Physician	p. 52
Licensure and Certification of Allied Health Professionals	p. 53
Standard of Care	p. 55
Confidentiality	p. 56
Statute of Limitations	p. 57
Good Samaritan Laws	p. 58
Respondeat Superior	p. 58
Risk Management	p. 62
Medical Practice and Allied Health Professionals	p. 67
Today's Healthcare Environment	p. 69
Types of Medical Practice	p. 73
The Ethics of Fee Splitting	p. 77
Medical Specialty Boards	p. 77
Allied Health Professionals	p. 80
The Healthcare Environment	p. 87
The Physician-Patient Relationship	p. 87
Physician's Rights	p. 89
Physician's Responsibilities	p. 90
Professional Practice Responsibilities	p. 91
Patients' Rights	p. 100
Rights of Minors	p. 106
Patients' Responsibilities	p. 107
Role of the Healthcare Consumer	p. 111
Professional Liability and Medical Malpractice	p. 117
Professional Negligence and Medical Malpractice	p. 120
The Tort of Negligence	p. 121
Fraud	p. 125
Office of Inspector General	p. 126
Defense to Malpractice Suits	p. 128
Professional Liability	p. 130
Alternative Dispute Resolution	p. 135
Liability of Other Health Professionals	p. 136
Role of the Supervisor	p. 139
Working in High-Risk Areas	p. 140
Malpractice Prevention	p. 141
Public Duties of the Physician	p. 149
Public Health Records and Vital Statistics	p. 151
Controlled Substances Act and Regulations	p. 162
Protection for the Employee and the Environment	p. 164
Workplace Law and Ethics	p. 171
Professionalism in the Workplace	p. 173
Discrimination in the Workplace	p. 173
Privacy and the Workplace	p. 174
Cultural Considerations	p. 174
Religions Considerations	p. 176
Effective Hiring Practices	p. 178
Legal and Illegal Interview Questions	p. 179
Federal Regulations Affecting the Medical Professional	p. 179
Equal Employment Opportunity and Employment Discrimination	p. 181
Employee Health and Safety	p. 186
Compensation and Benefits Regulations	p. 189
Consumer Protection and Collection Practices	p. 192
Antitrust Laws	p. 195
Federal Labor Law	p. 196
The Medical Record	p. 201
Purpose of the Medical Record	p. 203
Contents of the Medical Record	p. 204
Confidentiality and the Medical Record	p. 210
Ownership	p. 211
Retention and Storage of Medical Records	p. 212
Reporting and Disclosure Requirements	p. 215
Use of the Medical Record in Court	p. 215
Confidentiality in Medical Practice	p. 221
Confidentiality	p. 213
Health Insurance Portability and Accountability Act (HIPAA) of 1996	p. 226
Ethical Concerns with Information Technology (Informatics)	p. 237
Medical Ethics	p. 243
Ethical and Bioethical Issues in Medicine	p. 243
Early History	p. 245
Ethical Standards and Behavior	p. 246
Codes of Ethics	p. 247
Codes of Ethics for Other Medical Professionals	p. 248
Bioethical Issues	p. 250
Ethical Issues and Personal Choice	p. 254
The Ethics of Biomedical Research	p. 255
Human Genome Project	p. 258
Genetic Engineering	p. 259
Healthcare Reform	p. 262
Ethical Issues Relating to Life	p. 269
Fetal Development	p. 271
Assisted or Artificial Conception	p. 272
Contraception	p. 276
Sterilization	p. 277
Abortion	p. 280
Genetic Counseling and Testing	p. 286
Wrongful-Life Suits	p. 290
Death and Dying	p. 297
The Dying Process	p. 299
Legal Definition of Death	p. 299
Stages of Dying	p. 309
Quality-of-Life Issues	p. 309
Use of Medications	p. 310
Hospice Care	p. 311
Palliative Care	p. 311
Viatical Settlements	p. 312
Advance Directives	p. 313
Choices in Life and Death	p. 314
Codes of Ethics	p. 321
Healthcare Regulatory Credentialing Agencies	p. 329
Healthcare Websites	p. 331
Case Citations	p. 335
Glossary	p. 339
Index	p. 347
Table of Contents provided by Ingram. All Rights Reserved.