Medical Law and Ethics

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  • Edition: 3rd
  • Format: Paperback
  • Copyright: 2007-12-28
  • Publisher: Prentice Hall
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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.

Table of Contents

Prefacep. xi
Letter to the Studentp. xiii
How to Interpret Case Citationsp. xv
About the Authorp. xvii
Reviewersp. xix
Introduction to Medical Law, Ethics, and Bioethicsp. 1
Why Study Law, Ethics, and Bioethics?p. 3
Medical Lawp. 6
Ethicsp. 8
Models for Examining Ethical Dilemmasp. 15
What Ethics Is Notp. 17
Bioethicsp. 18
The Role of Ethics Committeesp. 19
Quality Assurance Programsp. 19
Medical Etiquettep. 20
The Legal Environmentp. 25
The Legal Systemp. 25
The Legal Systemp. 27
Sources of Lawp. 28
Classification of Lawsp. 32
The Court Systemsp. 40
The Trial Processp. 41
Importance of the Legal System for the Physicianp. 49
Medical Practice Actsp. 51
Licensure of the Physicianp. 52
Licensure and Certification of Allied Health Professionalsp. 53
Standard of Carep. 55
Confidentialityp. 56
Statute of Limitationsp. 57
Good Samaritan Lawsp. 58
Respondeat Superiorp. 58
Risk Managementp. 62
Medical Practice and Allied Health Professionalsp. 67
Today's Healthcare Environmentp. 69
Types of Medical Practicep. 73
The Ethics of Fee Splittingp. 77
Medical Specialty Boardsp. 77
Allied Health Professionalsp. 80
The Healthcare Environmentp. 87
The Physician-Patient Relationshipp. 87
Physician's Rightsp. 89
Physician's Responsibilitiesp. 90
Professional Practice Responsibilitiesp. 91
Patients' Rightsp. 100
Rights of Minorsp. 106
Patients' Responsibilitiesp. 107
Role of the Healthcare Consumerp. 111
Professional Liability and Medical Malpracticep. 117
Professional Negligence and Medical Malpracticep. 120
The Tort of Negligencep. 121
Fraudp. 125
Office of Inspector Generalp. 126
Defense to Malpractice Suitsp. 128
Professional Liabilityp. 130
Alternative Dispute Resolutionp. 135
Liability of Other Health Professionalsp. 136
Role of the Supervisorp. 139
Working in High-Risk Areasp. 140
Malpractice Preventionp. 141
Public Duties of the Physicianp. 149
Public Health Records and Vital Statisticsp. 151
Controlled Substances Act and Regulationsp. 162
Protection for the Employee and the Environmentp. 164
Workplace Law and Ethicsp. 171
Professionalism in the Workplacep. 173
Discrimination in the Workplacep. 173
Privacy and the Workplacep. 174
Cultural Considerationsp. 174
Religions Considerationsp. 176
Effective Hiring Practicesp. 178
Legal and Illegal Interview Questionsp. 179
Federal Regulations Affecting the Medical Professionalp. 179
Equal Employment Opportunity and Employment Discriminationp. 181
Employee Health and Safetyp. 186
Compensation and Benefits Regulationsp. 189
Consumer Protection and Collection Practicesp. 192
Antitrust Lawsp. 195
Federal Labor Lawp. 196
The Medical Recordp. 201
Purpose of the Medical Recordp. 203
Contents of the Medical Recordp. 204
Confidentiality and the Medical Recordp. 210
Ownershipp. 211
Retention and Storage of Medical Recordsp. 212
Reporting and Disclosure Requirementsp. 215
Use of the Medical Record in Courtp. 215
Confidentiality in Medical Practicep. 221
Confidentialityp. 213
Health Insurance Portability and Accountability Act (HIPAA) of 1996p. 226
Ethical Concerns with Information Technology (Informatics)p. 237
Medical Ethicsp. 243
Ethical and Bioethical Issues in Medicinep. 243
Early Historyp. 245
Ethical Standards and Behaviorp. 246
Codes of Ethicsp. 247
Codes of Ethics for Other Medical Professionalsp. 248
Bioethical Issuesp. 250
Ethical Issues and Personal Choicep. 254
The Ethics of Biomedical Researchp. 255
Human Genome Projectp. 258
Genetic Engineeringp. 259
Healthcare Reformp. 262
Ethical Issues Relating to Lifep. 269
Fetal Developmentp. 271
Assisted or Artificial Conceptionp. 272
Contraceptionp. 276
Sterilizationp. 277
Abortionp. 280
Genetic Counseling and Testingp. 286
Wrongful-Life Suitsp. 290
Death and Dyingp. 297
The Dying Processp. 299
Legal Definition of Deathp. 299
Stages of Dyingp. 309
Quality-of-Life Issuesp. 309
Use of Medicationsp. 310
Hospice Carep. 311
Palliative Carep. 311
Viatical Settlementsp. 312
Advance Directivesp. 313
Choices in Life and Deathp. 314
Codes of Ethicsp. 321
Healthcare Regulatory Credentialing Agenciesp. 329
Healthcare Websitesp. 331
Case Citationsp. 335
Glossaryp. 339
Indexp. 347
Table of Contents provided by Ingram. All Rights Reserved.

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