Medical Law And Ethics

by Fremgen, Bonnie F.

• ISBN13: 9780131177086
• ISBN10: 0131177087
• Edition: 2nd
• Format: Paperback
• Copyright: 2005-01-01
• Publisher: Pearson

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