Southwick's the Law of Healthcare Administration

by Showalter, J. Stuart; Pels, Peter; Southwick, Arthur F.

• ISBN13: 9781567931013
• ISBN10: 1567931014
• Format: Hardcover
• Copyright: 1999-06-01
• Publisher: Health Administration Pr

Table of Contents

Preface	vii
1 Introduction to the Anglo-American Legal System	1	(18)
Sources of Law	2	(6)
The Court System	8	(4)
Legal Procedure	12	(5)
Conclusion	17	(2)
2 Breach of Contract and Intentional Tort	19	(24)
The Nature of Legal Liability	19	(1)
The Physician-Patient Relationship	20	(8)
Liability for Breach of Contract	28	(1)
Breach of Warranty	29	(2)
Liability for Intentional Tort	31	(12)
3 Negligence	43	(38)
The Standard of Care	43	(6)
Proving the Standard of Care and Breach of the Standard	49	(8)
Defenses to Negligence and Other Malpractice Actions	57	(5)
Liability for Acts of Others: Vicarious Liability	62	(1)
Distinctions Among Causes of Action	63	(3)
Countersuits by Physicians	66	(1)
Reforming the Tort System	67	(2)
Alternatives to the Tort System	69	(12)
4 The Organization and Management of a Corporate Healthcare Institution	81	(50)
The Formation and Nature of a Corporation	82	(7)
The Governing Board of a Healthcare Institution	89	(14)
The Independent Hospital and Reasons for Change	103	(2)
Multihospital Systems and Corporate Reorganization	105	(5)
Piercing the Corporate Veil	110	(6)
Alternative Strategies: Contract Management, Consolidation, and Merger	116	(3)
Joint Ventures with Physicians	119	(12)
5 Liability of the Healthcare Institution	131	(34)
Liability Based on Respondeat Superior	132	(3)
The Decline of Independent Contractor Status--Payment of Salary	135	(5)
The Doctrine of Apparent Agency	140	(13)
Two Theories Have Become One	153	(2)
Liability of Managed Care Organizations	155	(1)
Conclusion	156	(9)
6 Taxation of Healthcare Institutions	165	(32)
The Nature of a Charitable Corporation	165	(3)
Federal Taxation of Income	168	(15)
State Taxation of Real Estate and Personal Property	183	(14)
7 Antitrust Law	197	(54)
The Sherman Act	197	(3)
The Clayton Act	200	(2)
The Federal Trade Commission Act	202	(1)
Interstate Commerce	203	(1)
Applicability to the Professions	204	(1)
Exemptions from Antitrust Legislation	205	(10)
Sanctions and Enforcement of Antitrust Statutes	215	(3)
Rule-of-Reason Analysis and Per Se Violations	218	(1)
Applications to Healthcare	219	(22)
Conclusion	241	(10)
8 Healthcare Fraud and Abuse	251	(20)
False Claims Acts	252	(4)
The Anti-Kickback Statute	256	(4)
The "Stark" Self-Referral Laws	260	(4)
Corporate Compliance Programs	264	(3)
Conclusion	267	(4)
9 Admission and Discharge	271	(34)
Access to Healthcare and Formal Voluntary Admission	271	(9)
Legislation Guaranteeing Equal Protection	280	(3)
Hill-Burton Act and Mandated Free Care	283	(3)
Admission and Treatment of Mentally Ill Patients	286	(3)
Discharge from Hospital	289	(4)
Utilization Review, PROs, and Managed Care	293	(12)
10 Emergency Care	305	(30)
Necessity for Emergency Care Facilities	306	(1)
Duty to Treat and Aid	307	(8)
Beginning of Aid: Duty to Exercise Reasonable Care	315	(3)
Staffing the Emergency Department	318	(3)
The Good Samaritan Statutes	321
Appendix 10.1 Full Text of EMTALA	310
11 Consent for Treatment and the Withholding of Consent	335	(60)
Types of Consent and Recommended Procedure	336	(4)
The Healthcare Institution's Role in Consent Cases	340	(2)
The Doctrine of Informed Consent	342	(8)
Consent of Spouse or Other Relative	350	(2)
Refusal of Patient to Consent	352	(3)
Consent for Treatment of Incompetent Adults	355	(2)
Decision to Forgo Treatment for Incompetent Adults	357	(7)
Consent for Treatment of Minors	364	(12)
Tests Requested by Law Enforcement Officials	376	(19)
12 Family Planning	395	(38)
Abortion	389
Sterilization	401	(6)
Hospital's Role in Providing Services	407	(5)
Liability for Wrongful Birth and Wrongful Life	412	(21)
13 Medical Records	433	(62)
Legal Requirements	433	(7)
Access to Medical Record Information	440	(30)
Medical Records in Legal Proceedings	470	(25)
14 Medical Staff Appointments and Privileges	495	(62)
Hospital's Duty to Use Reasonable Care in Appointment of Staff	495	(3)
Public Hospitals--Due Process and Equal Protection Requirements	498	(6)
Appointments in Private Hospitals	504	(19)
Conclusion	523	(16)
List of Cases	539	(18)
Index	557	(12)
About the Author	569