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

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Levinson W, Roter DL, Mullooly JP, Dull VT, Frankel RM. Physician–patient communication: the relationship with malpractice claims among primary care physicians and surgeons. JAMA. 1997;277:553–559. Lloyd BW. A randomized controlled trial of dictating the clinic letter in front of the patient. BMJ. 1997;314:347–348. Martz EW. Sexual misconduct in the physician–patient relationship. Del Med J. 1993;65:451–452. McMillan RC. Responsibility to or for in the physician–patient relationship? J Med Ethics. 1995;21:112–115. Olive KE. Physician religious beliefs and the physician–patient relationship: a study of devout physicians. South Med J. 1995;88:1249–1255. Schreiber K. Religion in the physician–patient relationship. JAMA. 1991;266:3062, 3066. Schwenk TL, Romano SE. Managing the difficult physician– patient relationship. Am Fam Physician. 1992;46:1503– 1509. Spielberg AR. On call and online: sociohistorical, legal, and ethical implications of e- mail for the patient–physician relationship. JAMA. 1998;280:1353–1359. Stratton WT. Medical abandonment. Kans Med. 1988;89:250, 253. Swee DE. Medical care system reform and the changing physician–patient relationship. NJ Med. 1995;92:313–317. Tate P. Current thinking on the consultation. Practitioner. 1995;239:454–456. Thieman S. Avoiding the claim of patient abandonment. Mo Med. 1996;93:634–635. Torres A, Wagner R, Proper S. Terminating the physician–patient relationship. J Dermatol Surg Oncol. 1994;20:144– 147. Williams S, Dale J, Glucksman E. Emergency department senior house officers’ consultation difficulties: implications for training. Ann Emerg Med. 1998;31:358– 363. Yeo M, Longhurst M. Intimacy in the patient–physician relationship; Committee on Ethics of the College of Family Physicians of Canada. Can Fam Physician. 1996;42:1505– 1508. 2. Telemedicine Allaert FA, Dusserre L. Legal requirements for tele-assistance and telemedicine. Medinfo. 1995;8:1593–1595. Balas EA, Jaffrey F, Kuperman GJ, et al. Electronic communication with patients: 271
evaluation of distance medicine technology. JAMA. 1997;278:152–159. Bradham DD, Morgan S, Dailey ME. The information superhighway and telemedicine: applications, status, and issues. Wake Forest Law Rev. 1995;30:145. Brannigan VM, Beier BR. Patient privacy in the era of medical computer networks: a new paradigm for a new technology. Medinfo. 1995;8:640–643. The Center for Telemedicine Law. Telemedicine and interstate licensure: findings and recommendations of the CTL licensure task force. ND Law Rev. 1997;73:109. Darr JF, Koerner S. Telemedicine: legal and practical implications. Whittier Law Rev. 1997;19:3. Forslund DW, Phillips RL, Kilman DG, Cook JL. Experiences with a distributed virtual patient record system. Proceedings / AMIA Annual Fall Symposium. 1996:483–487. Frank AP, Wandell MG, Headings MD, Conant MA, Woody GE, Michel C. Anonymous HIV testing using home collection and telemedicine counseling: a multicenter evaluation. Arch Intern Med. 1997;157:309–314. Franklin PL, Hanson PC. MMA releases comprehensive telemedicine report. Minn Med. 1996;79:52–53. Granade PF. Medical malpractice issues related to the use of telemedicine—an analysis of the ways in which telecommunications affects the principles of medical malpractice. ND Law Rev. 1997;73:65. Kearney KA. Medical licensure: an impediment to interstate telemedicine. Health Lawyer. 1997;9:14. Laske C. Medical care telematics: who is liable? Comput Methods Programs Biomed. 1997;54:1–6. Laster F. Lurking under the bridge to 2001: telemalpractice. Hosp Prac (Off Ed). 1997;32:183–184. Llaurado JG. Commentary on a futuristic model of patient record systems and telemedicine. Int J Biomed Comput. 1996;43:155–160. Malpractice in the new millennium: better than today? Managed care, telemedicine, genetic tests create new liabilities. Alaska Med. 1996;38:106–108. McMenamin JP. Does products liability litigation threaten picture archiving and communication systems and/or telemedicine? Digital Imaging. 1998;11:21–32. Orbuch PM. A Western state’s effort to address telemedicine policy barriers. ND Law Rev. 1997;73:35. Reichertz PS, Halpern NJL. FDA regulation of telemedicine devices. Food Drug Law J. 1997;53:517. 272
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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
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defendant’s failure to render the
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fees may be construed as attempting
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Fish R, Rosen P. Physicians should
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$150,000 to fight a case that could
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case; rather, it encourages the att
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were below the acceptable standard
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A. Establishing Agencies For its fi
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local level because the employees a
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dispute before the court. The lawye
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c) The Goldberg Rights Persons whos
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the cost of butter. A public intere
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standards and who agree to complian
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a) Agency Interpretation of Law All
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Johnson JA. Court limits board of m
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persons—business law, constitutio
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5. Corporate Employers and Institut
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prohibited the attorney from asking
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supervising the work. A more fundam
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medical problems. Whether it is can
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for buying insurance is that it pay
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Lawyers working on a contingency do
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Review deposition summary: 30 Novem
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of an effective preventive law plan
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ibes were in the form of consulting
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detailed summaries of important doc
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A very important part of the invest
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cases. Houston Bar Assoc. 1996;34:2
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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
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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: Berlin L. Communication of the sign
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
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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
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
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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
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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
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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
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lood tests that are medically neces
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hospital. Both the medical care pro
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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
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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
Page 683 and 684:
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.
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
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In Loco Parentis Literally, in the
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to dangerous products such as drugs
Page 721 and 722:
filing of all official documents. I
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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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