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milk. A group of public interest groups, including the American Academy of Pediatrics, sued the agency, arguing that such a rule was necessary to protect the public’s health. The agency record showed that FDA scientists had built an overwhelming record that unpasteurized milk posed a threat to the public health. The court found that the Secretary was acting arbitrarily and capriciously in refusing to promulgate the rule, and ordered her do so. [Public Citizen v. Heckler, 653 F. Supp. 1229 (D.D.C. Dec. 31, 1986)] E. References - Administrative Law Bishop DWD. Navigating the Board of Medical Examiners system. Tex Med. 1993;89:50–55. Cardwell MS. Interhospital transfers of obstetric patients under the Emergency Medical Treatment and Active Labor Act. J Leg Med. 1995;16:357–372. Cardwell MS. The Emergency Medical Treatment and Active Labor Act: reading between the lines…. Obstet Gynecol Surv. 1994;49:443–444. Diekema DS. Unwinding the COBRA: new perspectives on EMTALA. Pediatr Emerg Care. 1995;11:243–248. Diekema DS. What is left of futility? The convergence of anencephaly and the Emergency Medical Treatment and Active Labor Act. Arch Pediatr Adolesc Med. 1995;149:1156–1159. Federgreen WR. Office of Inspector General U.S. Department of Health and Human Services: an overview. J Fla Med Assoc. 1993;80:236–240. Furrow BR. An overview and analysis of the impact of the Emergency Medical Treatment and Active Labor Act. J Leg Med. 1995;16:325–355. George JE, Quattrone MS, Goldstone M. Persons brought to the emergency department by police: are they patients? J Emerg Nurs. 1997;23:354–355. Graber MA, Gjerde C, Bergus G, Ely J. The use of unofficial “problem patient” files and interinstitutional information transfer in emergency medicine in Iowa. Am J Emerg Med. 1995;13:509–511. Grossman AR. Regulation by the Board of Medicine. J Fla Med Assoc. 1997;84:97– 100. Guertler AT. The clinical practice of emergency medicine. Emerg Med Clin North Am. 1997;15:303–313. Gwynne A, Barber P, Tavener F. A review of 105 negligence claims against accident and emergency departments. J Accid Emerg Med. 1997;14:243–245. Jain SC, Hoyt S. Patient dumping in the federal courts: expanding EMTALA without preempting state malpractice law. Law Med Health Care. 1992;20:249–252. 189
Johnson JA. Court limits board of medicine’s ability to discipline. J Law Med Ethics. 1996;24:390–391. Johnston ME. When the board comes a’callin’. J Tenn Med Assoc. 1996;89:54–55. Kuettel AC. The changing role of receiving hospitals under the Emergency Medical Treatment and Active Labor Act. J Leg Med. 1998;19:351–376. Levine RJ, Guisto JA, Meislin HW, Spaite DW. Analysis of federally imposed penalties for violations of the Consolidated Omnibus Reconciliation Act. Ann Emerg Med. 1996;28:45–50. Ludwig H. Emergencies in obstetrics. Ther Umsch. 1996;53:477–496. Michael KI, McMenamin JP. What you can’t afford to ignore about EMTALA. Va Med Q. 1995;122:102–107, 111. Morrison J, Wickersham P. Physicians disciplined by a state medical board. JAMA. 1998;279:1889–1893. Parmley WW. Disciplinary actions: how often and why? J Am Coll Cardiol. 1994;23:278–279. Selbst SM. Emergency Medical Treatment and Active Labor Act: legal concerns about private or managed care patients in the emergency department. Curr Opin Pediatr. 1997;9:465–469. Stratas NE. The contrast between physicians seen by the medical board and those seen in private practice. NC Med J. 1996;57:218–222. Tammelleo AD. Nurse’s role in hospital compliance with EMTALA. Regan Rep Nurs Law. 1995;36:1. Toreki W, Toreki P. Emergency Medical Treatment and Active Labor Act. Trends Health Care Law Ethics. 1992;7:58–60. VIII. Working With Lawyers HIGHLIGHTS Medical care practitioners have many legal relationships. The attorney–client relationship is fundamentally different from the physician– patient relationship. Few attorneys are experts in all aspects of medical care law. Medical care practitioners must learn to be active participants in managing their own legal problems. Legal clients must request preventive law if they want more than symptomatic treatment for their legal problems. 190
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Public Health Law Map - Beta 5.7 I.
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1942.] The English statutory and co
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health or individual health officer
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actions through the district attorn
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3. The Judicial Branch The federal
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consumer protection, such as requir
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With these exceptions, most litigat
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the court in Los Angeles might allo
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subject matter and may also have in
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2. Implementing ADR The major benef
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III. Tort Claims against Private Pa
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cannot be proved, but it is clear t
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uterus, triggering a miscarriage. T
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first were passed immediately after
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years. If the practitioner violates
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defendant’s conduct or (for the d
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proving a case against a physician
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e important for their adult medical
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emoving the plantar wart. This emph
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Blake BL. Sgt. Friday, Dr. Welby, a
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Walter C, Richards EP. Keeping junk
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earning capacity. b) Medical Expens
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simple as installing wheelchair ram
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cases do not give rise to injury-re
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medical costs from the lawsuit. Som
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compilation of legal principles. It
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traditional sense. Fetal heart moni
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oxygen saturation. When saturation
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1993;56:12-14. King JY. Practice gu
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are handled through an administrati
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U.S.C. § 1491. As such, the Court
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waiving immunity provide the only m
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against the United States in federa
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A discretionary function is an act
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deviant sexual conduct by an Air Fo
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The government can be liable under
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decision of the hospital officials
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constitutional rights have been vio
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case basis. The critical element in
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allegedly defective product was a m
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that state law is displaced if it i
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adopted. Therefore, Congress may au
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alleged. The “color of state law
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Importantly, the DeShaney analysis
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In the context of public health, on
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Also, immunity from suit is preserv
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The mere fact a private corporation
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1. Absolute Immunity Absolute immun
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prisoners were infected with HIV an
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against physicians who sold prescri
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The key distinction between crimina
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it almost impossible for practition
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forced to give hair samples, blood
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medical care practitioner does not
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assume that a hospital has an incen
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fined not more than $25,000 or impr
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charitable, religious, or philanthr
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(2) The Everyone-Does-It Defense De
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automatically invoke attorney-clien
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The Federal government, and several
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e of no benefit to the community, t
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activities of the large professiona
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Some of these provisions, such as t
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not support the scheme to reduce ho
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(1) Sentencing Guideline Standards
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did not provide full information ab
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5. If an employee chooses not to re
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documents until the court had made
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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: a) Agency Interpretation of Law All
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
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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
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physician must be notified at once.
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to find a specialist willing to see
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physicians, a recent U.S. Supreme C
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The law requires a physician to pro
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proper diagnosis. The physician los
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possible, the letter should be sent
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states than in others.) The best ra
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Medical licensing agencies and medi
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If there is a physician-patient rel
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(1) In general If any individual (w
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subject to a civil money penalty of
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condition described in paragraph (1
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(A) Placing the health of the indiv
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may not transfer the individual unl
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sent by certified mail, return rece
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Berlin L. Communication of the sign
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evaluation of distance medicine tec
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consent: reducing conflicts with pa
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) Children in the Emergency Room A
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such as cancer should be withheld f
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eing challenged over their good- fa
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would not require that the risk be
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usual in the community, and in othe
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consent to risks of the treatment b
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) Reasonable-Patient Standard This
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candidates for treatment if their u
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prospective reimbursement systems r
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The child’s legal status should b
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litigation. Most states allow a phy
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should be reported to the child pro
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mental suffering and injury. 5. No
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ensure that all other participants
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(1) The research involves no more t
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different dialects but with differe
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to consent to medical care. Convers
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person. The power of attorney may b
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eligious reasons. Parents may refus
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life-support technologies, patients
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use every possible avenue to prolon
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decision? The court found that Miss
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Cruzan really dead? Justice Rehnqui
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discussed in terms of the patient
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) Following the Patient’s Wishes
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Few termination of life-support cas
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than any element of human behaviora
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Law Policy. 1997;361. Brody, H. Com
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Furthermore, a physician who withdr
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Cunningham N. Fear and informed con
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Invest Radiol. 1996;31:109-113. Nic
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interests test. J Leg Med. 1991;12:
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esearch subjects: proposed guidelin
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1994;8:19-27. Silverman HJ. Ethical
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Insurance Portability and Accountab
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physician, just as the records of c
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and if the patient is the victim of
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Disabilities Act (ADA) limits an em
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that is part of routine medical car
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A description of each purpose of th
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services to the medical care provid
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Access to the records is subject to
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Use appropriate safeguards to preve
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when they were designing research s
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such as an antitrust or false claim
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contain, the potential for harm in
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identification of abnormal findings
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Anything that indicates special tre
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put in the chart to document that t
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keep personal notes, and often the
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night unless she has a serious conc
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difficult to authenticate, unless t
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225. Smith J. Good medical records
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The legal consequences of the corpo
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to set up their own practices or wo
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California. Independent Contractor:
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physician fail to obtain a proper i
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When a physician recommends unneces
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Because employers attempt to limit
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utilization review organization den
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to influence a treating doctor’s
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important if the employee injures a
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these rules vary greatly from state
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If, as frequently happens, the pati
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eviewed completely by the supervisi
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protocols become generic documentat
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the physician is directly supervisi
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a. Penicillin V potassium 250 mg q.
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they hospitalize or refer a patient
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patient’s right of privacy should
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Medical students are often enthusia
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unauthorized practice of medicine.
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staff knows that the orders are onl
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is injured by a fellow workers’ n
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limited due process restrictions on
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agreeing to reimburse the MCO for a
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collective action, a close reading
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Med Soc. 1996;148:341-343. Maurer W
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Fiesta J. Delegation, downsizing an
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XIV. Peer Review and Deselection HI
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the development of new legal theori
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juror’s perspective, peer review
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to deal fairly with citizens, these
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5. There is an overriding national
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a) Notice of a Right to a Hearing T
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equest, to the physician or practit
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subchapter. Information about malpr
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the standards set forth in the Act,
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2. The Problem of Bias Until recent
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from general disclosure, but it sho
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do cost-cutting that the physicians
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Med. 1997;18:521-538. Maguire D. Te
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Introduction All medical care pract
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we are due for another worldwide ep
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include nurses, dentists, veterinar
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marital disharmony. In the classic
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criticisms of the cost of contact t
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diseases such as the Marburg or Ebo
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organized, powerful political lobby
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homosexual activists and the religi
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eligion or conscience. Thus, he can
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high, amounting to several dollars
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1. Birth Certificates Normally the
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caused or contributed to by infecti
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D. Law Enforcement Reporting Every
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campus police. The campus police de
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the law enforcement authorities are
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when they are acting as officers of
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eporting practices. J Emerg Med. 19
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Starr P, Starr S. Reinventing vital
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October;51:132]. J Am Med Womens As
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laws governing air and water pollut
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the widespread occurrence of tooth
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within the power of the judiciary t
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[specify fluoridation measure at is
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Still other arguments center on all
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(Wash. 1955); Rogowski v. City of D
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adverse effects would occur was arb
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Kaul v. City of Chehalis, 277 P.2d
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Introduction There are special cons
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Under no circumstances should medic
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patients about high-risk behavior a
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arrier method that is only 70% effe
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injectable contraceptive that lasts
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that HIV is less of a threat than a
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for procedures affecting reproducti
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funded services to coerce a person
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The person who obtains the consent;
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The recognition of personal privacy
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medically necessary: On their face,
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Although abortion is still a surgic
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The presumption of legitimacy was a
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Unfitness is also narrowly defined
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consistent with public health and s
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constitutional protections or feder
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information in violation of confide
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Mary Sue’s ova were successfully
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But the rule does not contemplate t
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as not to violate this prohibition.
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committed before she knows the stre
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1. Adoption 2. Family Planning and
Page 559 and 560:
Soderberg H, Andersson C, Janzon L,
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Hum Reprod. 1992;7:1029-1033. Snowd
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condition. This conflict can take t
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eaching a level of 1 per 11 births
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who has finally conceived after thr
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should be sure that she understands
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The treatment of infertility poses
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disorder should not be helped to co
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Choosing a sperm donor can be legal
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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
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patient’s decisions. The patient
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covered in signs that ask women if
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decisions not to use medical interv
Page 589 and 590:
lifesaving care. Many physicians ig
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profound differences in the underly
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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
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Marshall BM. Ethical issues in assi
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1995;115:39-43. Greely HT. Genetic
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3. General Obstetrics Abrams FR. Co
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King NM. Informed consent and the p
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XIX. Occupational Medicine and Disa
Page 611 and 612:
and balances inherent in having gen
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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
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films shall be preserved in their o
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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
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hospital. Both the medical care pro
Page 635 and 636:
Section 504 was a remedial statute
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or recurrent, that the key word was
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government officials investigating
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incorrect, so this area of the law
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is to ensure that patients have eno
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problems. The Court also reiterated
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the medical problems have affected
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normal eyes and kidneys and no peri
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not constitute a disability. The pa
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workplace, their legal status is no
Page 655 and 656:
hepatitis A, the onset of the disea
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(2) The nature and severity of the
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Many diseases are spread by insects
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eporting duties that apply to the c
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9. Bloodborne Pathogens All workpla
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this includes all types of medical
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clinics or home health visits. An i
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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
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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
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Team physicians’ duties are to th
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first aid and training programs are
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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
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1996;35:237-242. Cheng TL, Savageau
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Med Sci Law. 1995;35:45-47. Mitten
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handling prisoners in a burns unit.
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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
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Durable Power of Attorney ensurance
Page 713 and 714:
fiduciary relationship, as is the r
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Hearsay Rule Testimony of what anot
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In Loco Parentis Literally, in the
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to dangerous products such as drugs
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filing of all official documents. I
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Perjury The willful act of giving f
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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
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