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such as IV (intravenous) solutions or disposable needles it can be cheap insurance to pay a few cents more for an item from an established manufacturer. Even if the two products are equally good, it is to the hospital’s benefit to have a responsible party to sue if there is a defect. J. Conclusions Medical care practitioners must understand basic medical care law to practice in the modern medical care environment. Medical care practitioners do not need to become lawyers, but they need to be able to recognize legal problems and triage them into those that they can manage themselves, those that need more detailed legal advice, and those that constitute legal emergencies. Law must be part of the routine practice of medical care delivery, not just something that the lawyers do. Medical care practitioners need to practice in ways that are consistent with their legal and ethical duties, and they need to create a culture that encourages others to do the same. K. References - Lawyering Bahner TM, Gallion ML. Waiver of attorney–client privilege via issue injection: a call for uniformity. Defense Counsel J. 1998;65:199–207. Ball FR. Corporate clients and the attorney–client privilege in Illinois state and federal courts. Ill Bar J. 1998;86:426–430. Burman JM. The attorney work product privilege. Wyo Lawyer. 1996;19:15–17. Cerven JM. Court extends attorney–client privilege to psychiatrist-client communications. Ill State Bar Assoc. 1995;83:598–600. Dunson KC. I. The attorney–client privilege. J Legal Prof. 1996;20:231–238. Flaming TH. Internet e-mail and the attorney–client privilege. Ill State Bar Assoc. 1997;85:183–184. Floyd DH. A “delicate and difficult task”: balancing the competing interests of federal rule of evidence 612, the work product doctrine, and the attorney–client privilege. Buffalo Law Rev. 1996;44:101–138. Gruber HM. E-Mail: the attorney–client privilege applied. George Washington Law Rev. 1998;66:625–656. Hardgrove JA. Scope of waiver of attorney–client privilege: articulating a standard that will afford guidance to courts. Board of Trustees of the University of Illinois. 1998;1998:643–681. Hellerstein AK. A comprehensive survey of the attorney–client privilege and work product doctrine. Practising Law Inst. 1996;540:589. Higgason RW. The attorney–client privilege in joint defense and common interest 215
cases. Houston Bar Assoc. 1996;34:20. Higgins AS. Professional responsibility—attorney–client privilege: are expectations of privacy reasonable for communications broadcast via cordless or cellular telephones? Univ of Baltimore Law Rev. 1995;24:273. Hyland TW, Craig MH. Attorney–client privilege and work product doctrine in the corporate setting. Int Assoc Defense Counsel. 1995;62:553–563. Jones E. Keeping client confidences: attorney–client privilege and work product doctrine in light of United States v. Adlman. Pace Law Rev. 1998;18:419–491. Keeley M. The attorney–client privilege and work product doctrines: the boundaries of protected communications between insureds and insurers. Tort Ins Law J. 1998;33:1169– 1199. Libby, FA. Inadvertent waiver of the attorney–client privilege and work product doctrine in the first circuit. Boston Bar Assoc. 1997;41:16–17, 28. Needham CA. When is an attorney acting as an attorney: the scope of attorney–client privilege as applied in corporate negotiations. S Tex Law Rev. 1997;38:681. Rice PR. Attorney–client privilege: the eroding concept of confidentiality should be abolished. Duke Law J. 1998;47:853–898. Sadler CM. The application of the attorney–client privilege to communications between lawyers within the same firm: evaluating United States v. Rowe. Ariz State Law J. 1998;30:859–873. Scannell TJ. Attorney–client privilege-crime-fraud exception. Mass Bar Assoc. 1997;82:310–312. Stephens WL Jr. Convenience vs. confidentiality: an evaluation of the effects of computer technology on the attorney– client privilege. Duquesne Univ. 1997;35:1011– 1022. Stevenson AMF. Making a wrong turn on the information superhighway: electronic mail, the attorney–client privilege and inadvertent disclosure. Capital Univ Law Rev. 1997;26:347–377. Van Deusen MC. The attorney–client privilege for in-house counsel when negotiating contracts: a response to Georgia- Pacific Corp. v. GAF Roofing Manufacturing Corp. William & Mary Law Rev. 1998;39:1397–1439. IX. The Physician–Patient Relationship HIGHLIGHTS The law of all medical care practitioner–patient relationships is based on the physician– patient relationship. 216
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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
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1998;29:16-18. Stahl DA. Consolidat
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tampering. b) Search Warrants If th
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defense lawyers to fight claims tha
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a) Service of Process One distressi
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provide as little speculation from
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place for the deposition. Each part
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should include a signed release by
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juries will disregard scientific ev
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the jury may be out of the room for
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entered the patient’s description
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the information being presented is
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are situations where what is genera
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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: A very important part of the invest
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
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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
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
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funded services to coerce a person
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The person who obtains the consent;
Page 533 and 534:
The recognition of personal privacy
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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
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consistent with public health and s
Page 545 and 546:
constitutional protections or feder
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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
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as not to violate this prohibition.
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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
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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
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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
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patient’s decisions. The patient
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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
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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
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or recurrent, that the key word was
Page 639 and 640:
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
Page 649 and 650:
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
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
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