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9780387721743

Lessons Learned

by
  • ISBN13:

    9780387721743

  • ISBN10:

    0387721746

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2007-10-05
  • Publisher: Springer Verlag
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Summary

No one wants to be sued. A lawsuit is an assault on one's self-image, reputation, and livelihood. It is physically, mentally, and financially draining. Professionals get sued because an individual believes she has been harmed or thinks there is enough evidence to convince a jury that she has been harmed. An accusation of harm can be expressed in different legal terms, such as breach of contract or negligence. The profession of genetic counseling has developed within the field of medicine, so that a medical model usually applies. Therefore, a formal complaint by a patient about a genetic counselor would come under the laws that apply to medicine as opposed to business. Most commonly, these complaints take the form of a malpractice lawsuit that claims malpractice or negligence. The purpose of this book is (1) to provide genetic counselors with varying levels of experience and expertise with heightened awareness of the sources and processes of the law as it can affect their practice; (2) to offer them strategies for minimizing the potential for their being named in a lawsuit; and (3) to provide guidance for the management of current and emerging situations. The book discusses the day-to-day practices of genetic counselors and identifies areas in which possible causes of liability can be found. It looks closely at a negligence lawsuit as it would concern a genetic counselor, so that readers may learn where the potholes lurk and how to avoid them.

Author Biography

Susan Schmerler is a genetic counselor and supervisor in the Section of Genetics at the Children's Hospital of St. Joseph's Regional Medical Center, Paterson, New Jersey. Her academic post is as Associate in Pediatrics at the University of Medicine and Dentistry-New Jersey Medical School. She is on the Board of Directors of the National Society of Genetic Counselors, where she serves as Chair of the Education Committee. From 1999 through 2003, she was the Chair of the Credentials Committee of the American board of Genetic Counseling.

Table of Contents

Introductionp. 3
Sources of Liabilityp. 7
Forms of Legal Complaintsp. 7
Tort Lawp. 7
Fraudp. 13
Contract Lawp. 14
Legal Initiativesp. 15
Federal Regulationsp. 16
State Regulationsp. 19
Criminal Complaintsp. 20
Organizational Requirementsp. 22
Private Practicep. 23
Partnershipsp. 24
Billingp. 24
Industry/Technologyp. 25
Reproductive Technologyp. 26
Researchp. 26
Human Subjectsp. 27
Gene Transferp. 28
Clinical Testing on Research Samplesp. 29
Institutional Review Boardsp. 29
Epidemiologyp. 30
Traineesp. 30
Duty as an Element of a Lawsuit: Obligations and Responsibilitiesp. 35
Duty Elementp. 35
Establishing a Professional Relationshipp. 36
Abandonmentp. 38
Obligations and Dutiesp. 38
Standard of Carep. 39
Specialty Practitionersp. 40
Good Practicep. 40
Nongeneticists Providing Genetic Servicesp. 46
Duty as an Element of a Lawsuit: Sources of Standardsp. 51
Test for a Standardp. 51
Sources for Standardsp. 51
Scope of Practicep. 52
Code of Ethicsp. 52
Professional Organizationsp. 53
Professional Literaturep. 53
Professional Guidelinesp. 54
Credentialsp. 54
Expert Testimonyp. 56
Duty as an Element of a Lawsuit: Procedural Requirementsp. 61
Medical Recordsp. 61
Chart Contentsp. 62
Ownershipp. 65
Storage of Medical Recordsp. 65
Shadow Chartsp. 66
Failure to Follow Policies and Proceduresp. 66
Informed Consentp. 67
Confidentialityp. 74
Improper Techniquesp. 83
Nondirectivep. 83
Nonjudgmental/Value Neutralp. 84
Transcultural Competencyp. 85
Defenses for the Duty Elementp. 86
Breach, Causation and Damages as Elements of a Lawsuitp. 89
Breachp. 89
Decision Makersp. 89
Defense to Breach Elementp. 91
Causationp. 91
Remote Causationp. 92
Proximate Causep. 92
Informed Consent Casesp. 93
Defense to the Causation Elementp. 94
Damagesp. 95
General Damagesp. 95
Compensatory Damagesp. 96
Noneconomic Damagesp. 96
Punitive Damagesp. 97
Assessing Damagesp. 97
Defense to the Damage Elementp. 97
Defenses to a Lawsuitp. 99
Helping Yourselfp. 99
Affirmative Defenses to Malpractice Lawsuitsp. 99
Statute of Limitationsp. 100
Contributory Negligencep. 100
Comparative Negligencep. 100
Assumption of the Risksp. 100
Good Samaritan Statutep. 101
Indemnity or Releasep. 101
Countersuitsp. 101
Malicious Prosecutionp. 101
Abuse of Processp. 102
Defamationp. 102
Negligencep. 102
Intentional Tortsp. 103
Communicationp. 107
Face-to-Facep. 107
Electronic Communicationp. 108
Internetp. 108
Privacyp. 111
Transmission of Informationp. 112
Managing Your Malpractice Exposure in Cyberspacep. 118
Conclusions: Lessons Learnedp. 123
Defensive Practicep. 123
Advice from Experiencep. 124
Appendixp. 127
Definition of Genetic Counselingp. 127
1975p. 127
2006p. 127
Scope of Practicep. 128
The Code of Ethics of the National Society of Genetic Counselorsp. 130
Suggested Readingsp. 133
Notesp. 135
Glossaryp. 145
Indexp. 149
Table of Contents provided by Ingram. All Rights Reserved.

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