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death. (No one even raised the ludicrous issue of worrying about terminally ill patients becoming addicts.) L. References - Consent 1. General Consent Issues Ackerman TF. Chemically dependent physicians and informed consent disclosure. J Addict Dis. 1996;15:25–42. Agre P, McKee K, Gargon N, Kurtz RC. Patient satisfaction with an informed consent process. Cancer Pract. 1997;5:162–167. Amet EM. Informed consent is a process, not a piece of paper. J Oral Implantol. 1996;22:2. Aoki Y, Nakagawa K, Hasezawa K, et al. Significance of informed consent and truth- telling for quality of life in terminal cancer patients. Radiation Med. 1997;15:133–135. Appelbaum PS, Grisso T. Capacities of hospitalized, medically ill patients to consent to treatment. Psychosomatics. 1997;38:119–125. Artnak KE. Informed consent in the elderly: assessing decisional capacity. Semin Perioper Nurs. 1997;6:59–64. Berlin L. Malpractice issues in radiology: informed consent. AJR. 1997;169:15–18. Brennan M. A concept analysis of consent. J Adv Nurs. 1997;25:477–484. Brick J. Informed consent and perioperative nursing. AORN J. 1996;63:258–261. Brown V. Informed consent for PSA testing. J Fam Pract. 1996;43:234–235. Bussey GD. Informed consent: its legal history and impact on medicine. Hawaii Med J. 1995;54:472–475. Caulum SJ. Informed consent: advice from the trenches. Wis Med J. 1997;96:62. Chambers T. Letting the patient backstage: informed consent for HMO enrollees. J Am Geriatr Soc. 1998;46:355–358. Chiodo GT, Tolle SW. Informed consent across cultures. Gen Dent. 1997;45:421– 424. Clouser KD, Hufford DJ, O’Connor BB. Informed consent and alternative medicine. Altern Ther Health Med. 1996;2:76– 78. Cox JD. Paternalism, informed consent and Tuskegee. Int J Radiat Oncol Biol Phys. 1998;40:1–2. 333
Cunningham N. Fear and informed consent. Am J Nurs. 1996;96:66. Etchells E, Sharpe G, Walsh P, Williams JR, Singer PA. Bioethics for clinicians: 1: consent. CMAJ. 1996;155:177–180. Freda MC, DeVore N, Valentine-Adams N, Bombard A, Merkatz IR. Informed consent for maternal serum alpha-fetoprotein screening in an inner city population: how informed is it? J Obstet Gynecol Neonatal Nurs. 1998;27:99–106. Gabel H. How presumed is presumed consent? Transplant Proc. 1996;28:27–30. Gamulka BD. The need for true informed consent in pediatric teaching hospitals. Acad Med. 1998;73:628–629. Geller G, Botkin JR, Green MJ, et al. Genetic testing for susceptibility to adult- onset cancer: the process and content of informed consent. JAMA. 1997;277:1467–1474. Halva K. Minor consent to treatment. Minn Med. 1997;80:53–54. Harrison A. Consent and common law. Nurs Times. 1997;93:52–54. Hekkenberg RJ, Irish JC, Rotstein LE, Brown DH, Gullane PJ. Informed consent in head and neck surgery: how much do patients actually remember? J Otolaryngol. 1997;26:155–159. Hill RB. Autopsy consent and family resistance: the role of the clinician. South Med J. 1996;89:1125–1126. Hofmann PB. Physician experience as a measure of competency: implications for informed consent. Camb Q Healthc Ethics. 1996;5:458–459; discussion 459–466. Holland PV. Consent for transfusion: is it informed? Transfu Med Rev. 1997;1:274– 285. Hood CA, Hope T, Dove P. Videos, photographs, and patient consent. BMJ. 1998;316:1009–1011. Hopper KD, TenHave TR, Tully DA, Hall TE. The readability of currently used surgical/procedure consent forms in the United States. Surgery. 1998;123:496–503. Jones MA. Ethical and legal responses to patients who refuse consent to treatment. Br J Urol. 1995;76(suppl 2):9–14. Katz J. Reflections on informed consent: 40 years after its birth. J Am Coll Surg. 1998;186:466–474. Kay NA, Barone BM. Optimizing the consent process for organ donation. J SC Med Assoc. 1998;94:69–75. Kerns, AF. Better to lay it out on the table rather than do it behind the curtain: hospitals need to obtain consent before using newly deceased patients to teach resuscitation procedures. J Contemp Health Law Policy. 1997;13:581–612. 334
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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
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must carry out these actions correc
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c) Informal Consultations One of th
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on relinquishing care and follow-up
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The manufacturers of emergency kits
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equire a consultation before certai
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any differences of opinion between
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to refer a patient to such an insti
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help the patient deal with the insu
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diagnostic interest to the physicia
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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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Page 285 and 286: usual in the community, and in othe
Page 287 and 288: consent to risks of the treatment b
Page 289 and 290: ) Reasonable-Patient Standard This
Page 291 and 292: candidates for treatment if their u
Page 293 and 294: prospective reimbursement systems r
Page 295 and 296: The child’s legal status should b
Page 297 and 298: litigation. Most states allow a phy
Page 299 and 300: should be reported to the child pro
Page 301 and 302: mental suffering and injury. 5. No
Page 303 and 304: ensure that all other participants
Page 305 and 306: (1) The research involves no more t
Page 307 and 308: different dialects but with differe
Page 309 and 310: to consent to medical care. Convers
Page 311 and 312: person. The power of attorney may b
Page 313 and 314: eligious reasons. Parents may refus
Page 315 and 316: life-support technologies, patients
Page 317 and 318: use every possible avenue to prolon
Page 319 and 320: decision? The court found that Miss
Page 321 and 322: Cruzan really dead? Justice Rehnqui
Page 323 and 324: discussed in terms of the patient
Page 325 and 326: ) Following the Patient’s Wishes
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Page 329 and 330: than any element of human behaviora
Page 331 and 332: Law Policy. 1997;361. Brody, H. Com
Page 333: Furthermore, a physician who withdr
Page 337 and 338: Invest Radiol. 1996;31:109-113. Nic
Page 339 and 340: interests test. J Leg Med. 1991;12:
Page 341 and 342: esearch subjects: proposed guidelin
Page 343 and 344: 1994;8:19-27. Silverman HJ. Ethical
Page 345 and 346: Insurance Portability and Accountab
Page 347 and 348: physician, just as the records of c
Page 349 and 350: and if the patient is the victim of
Page 351 and 352: Disabilities Act (ADA) limits an em
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Page 355 and 356: A description of each purpose of th
Page 357 and 358: services to the medical care provid
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Page 361 and 362: Use appropriate safeguards to preve
Page 363 and 364: when they were designing research s
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Page 367 and 368: contain, the potential for harm in
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Page 371 and 372: Anything that indicates special tre
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Page 377 and 378: night unless she has a serious conc
Page 379 and 380: difficult to authenticate, unless t
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Page 383 and 384: 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
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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
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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
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who might sue on her behalf or on t
Page 597 and 598:
contraception, but contraception ha
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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
Page 609 and 610:
XIX. Occupational Medicine and Disa
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and balances inherent in having gen
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putative illness, requesting an exc
Page 615 and 616:
compensation system. The company ma
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In some circumstances, the union ma
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ethical obligations concerning the
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Records concerning voluntary employ
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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
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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
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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
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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
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
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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.
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
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Durable Power of Attorney ensurance
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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
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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