Public Health Law Map - Beta 5 - Medical and Public Health Law Site

More documents

Recommendations

Info

the other to agree to ADR. For example, should a managed care organization (MCO) be allowed to make accepting ADR a condition of enrollment as a subscriber, when the MCO might be the only health plan offered by the patient’s employer? Should an employer be allowed to demand that all employees sign a binding ADR agreement to keep their jobs? The second issue is that ADR is generally secret, unlike litigation where the issues are aired publically. Should an MCO be able to keep its medical malpractice claims secret by keeping them out of court? Should an employer be able to keep workplace discrimination claims, perhaps racial or sexual harassment, secret by requiring that they be settled through ADR and that the results be kept secret? 1. ADR Techniques Of the several ADR techniques, the best established is arbitration, an agreement to use a private individual to decide the dispute and determine the damages, if any. If a party refuses to comply with an arbitration order, it can be enforced as a contract in the courts. The American Arbitration Association (AAA) provides a uniform set of rules for arbitration and a roster of approved arbitrators. In the usual agreement, each side chooses one arbitrator and these two arbitrators choose a third. Because there is a requirement that arbitrators have legal training, these arbitrators are often attorneys or retired judges. The other techniques do not impose a binding settlement but are intended to help the parties resolve the dispute themselves. In mediation, each party agrees to share information with an impartial person who seeks to find areas of agreement that might otherwise be overlooked. In the simplest situation, the parties actually have common objectives but do not realize it. For example, a plaintiff may be willing to settle a $300,000 claim for as little as $100,000. The defendant, who has offered only $10,000 to the plaintiff, may be willing to pay as much as $110,000. In a lawsuit, these parties might expend enormous resources on pretrial preparation before reaching a settlement. The mediator can help them resolve the dispute without this prolonged warfare. Mini-trials allow the parties to see what their cases will look like to a jury. These are used most commonly in disputes between corporations, but they can be useful in medical business disputes. In a mini-trial, each side’s attorneys and experts present a brief (usually only a few hours) synopsis of their case. This is presented to the parties themselves rather than an arbitrator. The value of a mini-trial is that it allows a party to see the case through the eyes of the opposing counsel. In litigation, parties are carefully isolated from the opposing counsel until the trial itself. This makes the parties dependent on their own attorneys for information about the case. The attorneys, however, may not know the other side’s strategy. More fundamentally, it is difficult for attorneys to remain objective while zealously representing their clients. The mini-trial ends this isolation and gives both parties more information about the nature of their case. 17
2. Implementing ADR The major benefit of ADR is not as an alternative to disputes that have already ripened to the point that a lawsuit is about to be filed. ADR should been seen as part of a general strategy of avoiding disputes rather than just a more expeditious method of resolving them. ADR is most effective when it is incorporated in all business transactions. Many Fortune 500 companies are putting ADR provisions in their contracts with suppliers and corporate customers. In addition to requiring ADR should a formal dispute arise, the unavailability of litigation encourages the quick, informal resolution of disputes. All states allow ADR for medical business disputes, and most allow it for medical malpractice claims, but only if the choice of ADR is voluntary. For example, an MCO might require persons who choose to subscribe to agree to the binding arbitration of potential medical malpractice claims. Although most states would accept this, there is growing trend to require that the ADR agreement be signed after the patient is injured so that it is really a free choice. The courts would likely reject an agreement with a private physician who allowed a patient to schedule an appointment and arrive at the office, but then required the patient to agree to arbitration before treatment. ADR agreements are not allowed as a condition of emergency care or in other situations where the patient cannot exercise free choice. In many cases, it is the malpractice insurance companies that resist ADR agreements because ADR has the potential to increase the overall payments to claimants. An efficient system for resolving disputes will allow patients with small claims to be compensated. Studies of the incidence of medical malpractice find that many more patients are injured by negligent medical care than file medical malpractice lawsuits. [Compensation in New York. Report of the Harvard Medical Malpractice Study to the State of New York. 1990.] Some of these patients do not realize that they were the victims of malpractice, some intentionally choose not to sue their medical care providers, but most are unable to secure representation because their claim is too small. If the cost of these small claims exceeds the savings in limiting large claims and attorney’s fees, then ADR will only increase the cost of insurance. 3. References - ADR Adelman SH. Alternative forms of dispute resolution—we must be clear on what we want. Mich Med. 1991;90:55–56. Bachman J. Alternative dispute resolution: facilitating new dispute resolution systems. Aspens Advis Nurse Exec. 1997;12:1,4–7. Barton HM. Alternative dispute resolution of medical-legal issues. Tex Med. 1991;87:58–61. B-Lynch C, Coker A, Dua JA. A clinical analysis of 500 medico-legal claims evaluating the causes and assessing the potential benefit of alternative dispute 18
Page 1 and 2: Public Health Law Map - Beta 5.7 I.
Page 3 and 4: 1942.] The English statutory and co
Page 5 and 6: health or individual health officer
Page 7 and 8: actions through the district attorn
Page 9 and 10: 3. The Judicial Branch The federal
Page 11 and 12: consumer protection, such as requir
Page 13 and 14: With these exceptions, most litigat
Page 15 and 16: the court in Los Angeles might allo
Page 17: subject matter and may also have in
Page 21 and 22: III. Tort Claims against Private Pa
Page 23 and 24: cannot be proved, but it is clear t
Page 25 and 26: uterus, triggering a miscarriage. T
Page 27 and 28: first were passed immediately after
Page 29 and 30: years. If the practitioner violates
Page 31 and 32: defendant’s conduct or (for the d
Page 33 and 34: proving a case against a physician
Page 35 and 36: e important for their adult medical
Page 37 and 38: emoving the plantar wart. This emph
Page 39 and 40: Blake BL. Sgt. Friday, Dr. Welby, a
Page 41 and 42: Walter C, Richards EP. Keeping junk
Page 43 and 44: earning capacity. b) Medical Expens
Page 45 and 46: simple as installing wheelchair ram
Page 47 and 48: cases do not give rise to injury-re
Page 49 and 50: medical costs from the lawsuit. Som
Page 51 and 52: compilation of legal principles. It
Page 53 and 54: traditional sense. Fetal heart moni
Page 55 and 56: oxygen saturation. When saturation
Page 57 and 58: 1993;56:12-14. King JY. Practice gu
Page 59 and 60: are handled through an administrati
Page 61 and 62: U.S.C. § 1491. As such, the Court
Page 63 and 64: waiving immunity provide the only m
Page 65 and 66: against the United States in federa
Page 67 and 68: A discretionary function is an act
Page 69 and 70:
deviant sexual conduct by an Air Fo
Page 71 and 72:
The government can be liable under
Page 73 and 74:
decision of the hospital officials
Page 75 and 76:
constitutional rights have been vio
Page 77 and 78:
case basis. The critical element in
Page 79 and 80:
allegedly defective product was a m
Page 81 and 82:
that state law is displaced if it i
Page 83 and 84:
adopted. Therefore, Congress may au
Page 85 and 86:
alleged. The “color of state law
Page 87 and 88:
Importantly, the DeShaney analysis
Page 89 and 90:
In the context of public health, on
Page 91 and 92:
Also, immunity from suit is preserv
Page 93 and 94:
The mere fact a private corporation
Page 95 and 96:
1. Absolute Immunity Absolute immun
Page 97 and 98:
prisoners were infected with HIV an
Page 99 and 100:
against physicians who sold prescri
Page 101 and 102:
The key distinction between crimina
Page 103 and 104:
it almost impossible for practition
Page 105 and 106:
forced to give hair samples, blood
Page 107 and 108:
medical care practitioner does not
Page 109 and 110:
assume that a hospital has an incen
Page 111 and 112:
fined not more than $25,000 or impr
Page 113 and 114:
charitable, religious, or philanthr
Page 115 and 116:
(2) The Everyone-Does-It Defense De
Page 117 and 118:
automatically invoke attorney-clien
Page 119 and 120:
The Federal government, and several
Page 121 and 122:
e of no benefit to the community, t
Page 123 and 124:
activities of the large professiona
Page 125 and 126:
Some of these provisions, such as t
Page 127 and 128:
not support the scheme to reduce ho
Page 129 and 130:
(1) Sentencing Guideline Standards
Page 131 and 132:
did not provide full information ab
Page 133 and 134:
5. If an employee chooses not to re
Page 135 and 136:
documents until the court had made
Page 137 and 138:
Frech HE III, Danger KL. Exclusive
Page 139 and 140:
1998;29:16-18. Stahl DA. Consolidat
Page 141 and 142:
tampering. b) Search Warrants If th
Page 143 and 144:
defense lawyers to fight claims tha
Page 145 and 146:
a) Service of Process One distressi
Page 147 and 148:
provide as little speculation from
Page 149 and 150:
place for the deposition. Each part
Page 151 and 152:
should include a signed release by
Page 153 and 154:
juries will disregard scientific ev
Page 155 and 156:
the jury may be out of the room for
Page 157 and 158:
entered the patient’s description
Page 159 and 160:
the information being presented is
Page 161 and 162:
are situations where what is genera
Page 163 and 164:
test so generously that it also gav
Page 165 and 166:
defendant’s failure to render the
Page 167 and 168:
fees may be construed as attempting
Page 169 and 170:
Fish R, Rosen P. Physicians should
Page 171 and 172:
$150,000 to fight a case that could
Page 173 and 174:
case; rather, it encourages the att
Page 175 and 176:
were below the acceptable standard
Page 177 and 178:
A. Establishing Agencies For its fi
Page 179 and 180:
local level because the employees a
Page 181 and 182:
dispute before the court. The lawye
Page 183 and 184:
c) The Goldberg Rights Persons whos
Page 185 and 186:
the cost of butter. A public intere
Page 187 and 188:
standards and who agree to complian
Page 189 and 190:
a) Agency Interpretation of Law All
Page 191 and 192:
Johnson JA. Court limits board of m
Page 193 and 194:
persons—business law, constitutio
Page 195 and 196:
5. Corporate Employers and Institut
Page 197 and 198:
prohibited the attorney from asking
Page 199 and 200:
supervising the work. A more fundam
Page 201 and 202:
medical problems. Whether it is can
Page 203 and 204:
for buying insurance is that it pay
Page 205 and 206:
Lawyers working on a contingency do
Page 207 and 208:
Review deposition summary: 30 Novem
Page 209 and 210:
of an effective preventive law plan
Page 211 and 212:
ibes were in the form of consulting
Page 213 and 214:
detailed summaries of important doc
Page 215 and 216:
A very important part of the invest
Page 217 and 218:
cases. Houston Bar Assoc. 1996;34:2
Page 219 and 220:
state civil rights laws and health
Page 221 and 222:
must carry out these actions correc
Page 223 and 224:
c) Informal Consultations One of th
Page 225 and 226:
on relinquishing care and follow-up
Page 227 and 228:
The manufacturers of emergency kits
Page 229 and 230:
equire a consultation before certai
Page 231 and 232:
any differences of opinion between
Page 233 and 234:
to refer a patient to such an insti
Page 235 and 236:
help the patient deal with the insu
Page 237 and 238:
diagnostic interest to the physicia
Page 239 and 240:
attendant duties. When they exercis
Page 241 and 242:
physician must be notified at once.
Page 243 and 244:
to find a specialist willing to see
Page 245 and 246:
physicians, a recent U.S. Supreme C
Page 247 and 248:
The law requires a physician to pro
Page 249 and 250:
proper diagnosis. The physician los
Page 251 and 252:
possible, the letter should be sent
Page 253 and 254:
states than in others.) The best ra
Page 255 and 256:
Medical licensing agencies and medi
Page 257 and 258:
If there is a physician-patient rel
Page 259 and 260:
(1) In general If any individual (w
Page 261 and 262:
subject to a civil money penalty of
Page 263 and 264:
condition described in paragraph (1
Page 265 and 266:
(A) Placing the health of the indiv
Page 267 and 268:
may not transfer the individual unl
Page 269 and 270:
sent by certified mail, return rece
Page 271 and 272:
Berlin L. Communication of the sign
Page 273 and 274:
evaluation of distance medicine tec
Page 275 and 276:
consent: reducing conflicts with pa
Page 277 and 278:
) Children in the Emergency Room A
Page 279 and 280:
such as cancer should be withheld f
Page 281 and 282:
eing challenged over their good- fa
Page 283 and 284:
would not require that the risk be
Page 285 and 286:
usual in the community, and in othe
Page 287 and 288:
consent to risks of the treatment b
Page 289 and 290:
) Reasonable-Patient Standard This
Page 291 and 292:
candidates for treatment if their u
Page 293 and 294:
prospective reimbursement systems r
Page 295 and 296:
The child’s legal status should b
Page 297 and 298:
litigation. Most states allow a phy
Page 299 and 300:
should be reported to the child pro
Page 301 and 302:
mental suffering and injury. 5. No
Page 303 and 304:
ensure that all other participants
Page 305 and 306:
(1) The research involves no more t
Page 307 and 308:
different dialects but with differe
Page 309 and 310:
to consent to medical care. Convers
Page 311 and 312:
person. The power of attorney may b
Page 313 and 314:
eligious reasons. Parents may refus
Page 315 and 316:
life-support technologies, patients
Page 317 and 318:
use every possible avenue to prolon
Page 319 and 320:
decision? The court found that Miss
Page 321 and 322:
Cruzan really dead? Justice Rehnqui
Page 323 and 324:
discussed in terms of the patient
Page 325 and 326:
) Following the Patient’s Wishes
Page 327 and 328:
Few termination of life-support cas
Page 329 and 330:
than any element of human behaviora
Page 331 and 332:
Law Policy. 1997;361. Brody, H. Com
Page 333 and 334:
Furthermore, a physician who withdr
Page 335 and 336:
Cunningham N. Fear and informed con
Page 337 and 338:
Invest Radiol. 1996;31:109-113. Nic
Page 339 and 340:
interests test. J Leg Med. 1991;12:
Page 341 and 342:
esearch subjects: proposed guidelin
Page 343 and 344:
1994;8:19-27. Silverman HJ. Ethical
Page 345 and 346:
Insurance Portability and Accountab
Page 347 and 348:
physician, just as the records of c
Page 349 and 350:
and if the patient is the victim of
Page 351 and 352:
Disabilities Act (ADA) limits an em
Page 353 and 354:
that is part of routine medical car
Page 355 and 356:
A description of each purpose of th
Page 357 and 358:
services to the medical care provid
Page 359 and 360:
Access to the records is subject to
Page 361 and 362:
Use appropriate safeguards to preve
Page 363 and 364:
when they were designing research s
Page 365 and 366:
such as an antitrust or false claim
Page 367 and 368:
contain, the potential for harm in
Page 369 and 370:
identification of abnormal findings
Page 371 and 372:
Anything that indicates special tre
Page 373 and 374:
put in the chart to document that t
Page 375 and 376:
keep personal notes, and often the
Page 377 and 378:
night unless she has a serious conc
Page 379 and 380:
difficult to authenticate, unless t
Page 381 and 382:
225. Smith J. Good medical records
Page 383 and 384:
The legal consequences of the corpo
Page 385 and 386:
to set up their own practices or wo
Page 387 and 388:
California. Independent Contractor:
Page 389 and 390:
physician fail to obtain a proper i
Page 391 and 392:
When a physician recommends unneces
Page 393 and 394:
Because employers attempt to limit
Page 395 and 396:
utilization review organization den
Page 397 and 398:
to influence a treating doctor’s
Page 399 and 400:
important if the employee injures a
Page 401 and 402:
these rules vary greatly from state
Page 403 and 404:
If, as frequently happens, the pati
Page 405 and 406:
eviewed completely by the supervisi
Page 407 and 408:
protocols become generic documentat
Page 409 and 410:
the physician is directly supervisi
Page 411 and 412:
a. Penicillin V potassium 250 mg q.
Page 413 and 414:
they hospitalize or refer a patient
Page 415 and 416:
patient’s right of privacy should
Page 417 and 418:
Medical students are often enthusia
Page 419 and 420:
unauthorized practice of medicine.
Page 421 and 422:
staff knows that the orders are onl
Page 423 and 424:
is injured by a fellow workers’ n
Page 425 and 426:
limited due process restrictions on
Page 427 and 428:
agreeing to reimburse the MCO for a
Page 429 and 430:
collective action, a close reading
Page 431 and 432:
Med Soc. 1996;148:341-343. Maurer W
Page 433 and 434:
Fiesta J. Delegation, downsizing an
Page 435 and 436:
XIV. Peer Review and Deselection HI
Page 437 and 438:
the development of new legal theori
Page 439 and 440:
juror’s perspective, peer review
Page 441 and 442:
to deal fairly with citizens, these
Page 443 and 444:
5. There is an overriding national
Page 445 and 446:
a) Notice of a Right to a Hearing T
Page 447 and 448:
equest, to the physician or practit
Page 449 and 450:
subchapter. Information about malpr
Page 451 and 452:
the standards set forth in the Act,
Page 453 and 454:
2. The Problem of Bias Until recent
Page 455 and 456:
from general disclosure, but it sho
Page 457 and 458:
do cost-cutting that the physicians
Page 459 and 460:
Med. 1997;18:521-538. Maguire D. Te
Page 461 and 462:
Introduction All medical care pract
Page 463 and 464:
we are due for another worldwide ep
Page 465 and 466:
include nurses, dentists, veterinar
Page 467 and 468:
marital disharmony. In the classic
Page 469 and 470:
criticisms of the cost of contact t
Page 471 and 472:
diseases such as the Marburg or Ebo
Page 473 and 474:
organized, powerful political lobby
Page 475 and 476:
homosexual activists and the religi
Page 477 and 478:
eligion or conscience. Thus, he can
Page 479 and 480:
high, amounting to several dollars
Page 481 and 482:
1. Birth Certificates Normally the
Page 483 and 484:
caused or contributed to by infecti
Page 485 and 486:
D. Law Enforcement Reporting Every
Page 487 and 488:
campus police. The campus police de
Page 489 and 490:
the law enforcement authorities are
Page 491 and 492:
when they are acting as officers of
Page 493 and 494:
eporting practices. J Emerg Med. 19
Page 495 and 496:
Starr P, Starr S. Reinventing vital
Page 497 and 498:
October;51:132]. J Am Med Womens As
Page 499 and 500:
laws governing air and water pollut
Page 501 and 502:
the widespread occurrence of tooth
Page 503 and 504:
within the power of the judiciary t
Page 505 and 506:
[specify fluoridation measure at is
Page 507 and 508:
Still other arguments center on all
Page 509 and 510:
(Wash. 1955); Rogowski v. City of D
Page 511 and 512:
adverse effects would occur was arb
Page 513 and 514:
Kaul v. City of Chehalis, 277 P.2d
Page 515 and 516:
Introduction There are special cons
Page 517 and 518:
Under no circumstances should medic
Page 519 and 520:
patients about high-risk behavior a
Page 521 and 522:
arrier method that is only 70% effe
Page 523 and 524:
injectable contraceptive that lasts
Page 525 and 526:
that HIV is less of a threat than a
Page 527 and 528:
for procedures affecting reproducti
Page 529 and 530:
funded services to coerce a person
Page 531 and 532:
The person who obtains the consent;
Page 533 and 534:
The recognition of personal privacy
Page 535 and 536:
medically necessary: On their face,
Page 537 and 538:
Although abortion is still a surgic
Page 539 and 540:
The presumption of legitimacy was a
Page 541 and 542:
Unfitness is also narrowly defined
Page 543 and 544:
consistent with public health and s
Page 545 and 546:
constitutional protections or feder
Page 547 and 548:
information in violation of confide
Page 549 and 550:
Mary Sue’s ova were successfully
Page 551 and 552:
But the rule does not contemplate t
Page 553 and 554:
as not to violate this prohibition.
Page 555 and 556:
committed before she knows the stre
Page 557 and 558:
1. Adoption 2. Family Planning and
Page 559 and 560:
Soderberg H, Andersson C, Janzon L,
Page 561 and 562:
Hum Reprod. 1992;7:1029-1033. Snowd
Page 563 and 564:
condition. This conflict can take t
Page 565 and 566:
eaching a level of 1 per 11 births
Page 567 and 568:
who has finally conceived after thr
Page 569 and 570:
should be sure that she understands
Page 571 and 572:
The treatment of infertility poses
Page 573 and 574:
disorder should not be helped to co
Page 575 and 576:
Choosing a sperm donor can be legal
Page 577 and 578:
prevent the spread of disease, and
Page 579 and 580:
problems before they cause accident
Page 581 and 582:
Beyond a structured prenatal care s
Page 583 and 584:
patient’s decisions. The patient
Page 585 and 586:
covered in signs that ask women if
Page 587 and 588:
decisions not to use medical interv
Page 589 and 590:
lifesaving care. Many physicians ig
Page 591 and 592:
profound differences in the underly
Page 593 and 594:
midwife’s skills and judgment, as
Page 595 and 596:
who might sue on her behalf or on t
Page 597 and 598:
contraception, but contraception ha
Page 599 and 600:
One example has been the developmen
Page 601 and 602:
Marshall BM. Ethical issues in assi
Page 603 and 604:
1995;115:39-43. Greely HT. Genetic
Page 605 and 606:
3. General Obstetrics Abrams FR. Co
Page 607 and 608:
King NM. Informed consent and the p
Page 609 and 610:
XIX. Occupational Medicine and Disa
Page 611 and 612:
and balances inherent in having gen
Page 613 and 614:
putative illness, requesting an exc
Page 615 and 616:
compensation system. The company ma
Page 617 and 618:
In some circumstances, the union ma
Page 619 and 620:
ethical obligations concerning the
Page 621 and 622:
Records concerning voluntary employ
Page 623 and 624:
employee’s health status.” In t
Page 625 and 626:
films shall be preserved in their o
Page 627 and 628:
Employees may also have a financial
Page 629 and 630:
available information on the proper
Page 631 and 632:
lood tests that are medically neces
Page 633 and 634:
hospital. Both the medical care pro
Page 635 and 636:
Section 504 was a remedial statute
Page 637 and 638:
or recurrent, that the key word was
Page 639 and 640:
government officials investigating
Page 641 and 642:
incorrect, so this area of the law
Page 643 and 644:
is to ensure that patients have eno
Page 645 and 646:
problems. The Court also reiterated
Page 647 and 648:
the medical problems have affected
Page 649 and 650:
normal eyes and kidneys and no peri
Page 651 and 652:
not constitute a disability. The pa
Page 653 and 654:
workplace, their legal status is no
Page 655 and 656:
hepatitis A, the onset of the disea
Page 657 and 658:
(2) The nature and severity of the
Page 659 and 660:
Many diseases are spread by insects
Page 661 and 662:
eporting duties that apply to the c
Page 663 and 664:
9. Bloodborne Pathogens All workpla
Page 665 and 666:
this includes all types of medical
Page 667 and 668:
clinics or home health visits. An i
Page 669 and 670:
Purtilo RB. Ethical issues in the h
Page 671 and 672:
Disabilities Act: a decision analys
Page 673 and 674:
occupational accidents and diseases
Page 675 and 676:
1998;13:241-272. Pollack R. Update
Page 677 and 678:
legislation, set minimum standards
Page 679 and 680:
hearing seems to be rooted in the l
Page 681 and 682:
ates among drug addicts. Beyond the
Page 683 and 684:
Team physicians’ duties are to th
Page 685 and 686:
first aid and training programs are
Page 687 and 688:
equired by the school is not accept
Page 689 and 690:
interfere with getting the child pr
Page 691 and 692:
4. Handicapped Children Handicapped
Page 693 and 694:
1996;35:237-242. Cheng TL, Savageau
Page 695 and 696:
Med Sci Law. 1995;35:45-47. Mitten
Page 697 and 698:
handling prisoners in a burns unit.
Page 699 and 700:
legislation. The FDA, DHHS, HCFA, a
Page 701 and 702:
of a lower court to a higher, appel
Page 703 and 704:
assaulted will bring a legal action
Page 705 and 706:
anesthesiologists and nurses with i
Page 707 and 708:
Negligence to consider the plaintif
Page 709 and 710:
declaratory judgments about the con
Page 711 and 712:
Durable Power of Attorney ensurance
Page 713 and 714:
fiduciary relationship, as is the r
Page 715 and 716:
Hearsay Rule Testimony of what anot
Page 717 and 718:
In Loco Parentis Literally, in the
Page 719 and 720:
to dangerous products such as drugs
Page 721 and 722:
filing of all official documents. I
Page 723 and 724:
Perjury The willful act of giving f
Page 725 and 726:
had that reasonable person been in
Page 727 and 728:
RICO The common abbreviation for st
Page 729 and 730:
person seeks damages or other legal
Page 731 and 732:
appropriateness. Vacate When a cour
show all

Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Create successful ePaper yourself

Delete template?

Save as template?