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Pepper–Smith R, Harvey WR, Silberfeld M, Stein E, Rutman D. Consent to a competency assessment. Int J Law Psychiatry. 1992;15:13–23. Poythress NG, Cascardi M, Ritterband L. Capacity to consent to voluntary hospitalization: searching for a satisfactory Zinermon screen. Bull Am Acad Psychiatry Law. 1996;24:439–452. Rikkert MG, van den Bercken JH, ten Have HA, Hoefnagels WH. Experienced consent in geriatrics research: a new method to optimize the capacity to consent in frail elderly subjects. J Med Ethics. 1997;23:271–276. Silva MC. Competency, comprehension, and the ethics of informed consent. Nursingconnections. 1993;6:47–51. Stagno SJ, Smith ML, Hassenbusch SJ. Reconsidering “psychosurgery”: issues of informed consent and physician responsibility. J Clin Ethics. 1994;5:217–223. Sugarman J, McCrory DC, Hubal RC. Getting meaningful informed consent from older adults: a structured literature review of empirical research. J Am Geriatr Soc. 1998;46: 517–524. Usher KJ, Arthur D. Process consent: a model for enhancing informed consent in mental health nursing. J Adv Nurs. 1998;27:692–697. Wirshing DA, Wirshing WC, Marder SR, Liberman RP, Mintz J. Informed consent: assessment of comprehension. Am J Psychiatry. 1998;155:1508–1511. Zaubler TS, Viederman M, Fins JJ. Ethical, legal, and psychiatric issues in capacity, competency, and informed consent: an annotated bibliography. Gen Hosp Psychiatry. 1996;18:155–172. 3. Research Adshead G. Informed consent and psychiatric research. Ann Ist Super Sanita. 1997;33:497–503. Altman DG, Whitehead J, Parmar MK, Stenning SP, Fayers PM, Machin D. Randomised consent designs in cancer clinical trials. Eur J Cancer. 1995;31A:1934– 1944. Auerswald KB, Charpentier PA, Inouye SK. The informed consent process in older patients who developed delirium: a clinical epidemiologic study. Am J Med. 1997;103:410– 418. Baskin SA, Morris J, Ahronheim JC, Meier DE, Morrison RS. Barriers to obtaining consent in dementia research: implications for surrogate decision-making. J Am Geriatr Soc. 1998;46:287–290. Benatar D, Benatar SR. Informed consent and research. BMJ. 1998;316:1008. Berg JW. Legal and ethical complexities of consent with cognitively impaired 339
esearch subjects: proposed guidelines. J Law Med Ethics. 1996;24:18–35. Berry DL, Dodd MJ, Hinds PS, Ferrell BR. Informed consent: process and clinical issues. Oncol Nurs Forum. 1996;23:507–512. Biros MH, Runge JW, Lewis RJ, Doherty C. Emergency medicine and the development of the Food and Drug Administration’s final rule on informed consent and waiver of informed consent in emergency research circumstances. Acad Emerg Med. 1998;5:359–368. Brody BA, Katz J, Dula A. In case of emergency: no need for consent. Hastings Cent Rep. 1997;27:7; discussion 7–12. Clever LH. Obtain informed consent before publishing information about patients. JAMA. 1997;278:628–629. Daar AS. Ethics of xenotransplantation: animal issues, consent, and likely transformation of transplant ethics. World J Surg. 1997;21:975–982. Davis TC, Holcombe RF, Berkel HJ, Pramanik S, Divers SG. Informed consent for clinical trials: a comparative study of standard versus simplified forms. J Nat Cancer Inst. 1998;90:668–674. Doyal L. Informed consent in medical research: journals should not publish research to which patients have not given fully informed consent—with three exceptions. BMJ. 1997;314:1107–1111. Doyal L, Tobias JS, Warnock M, Power L, Goodare H. Informed consent in medical research. BMJ. 1998;316:1000– 1005. Dukoff R, Sunderland T. Durable power of attorney and informed consent with Alzheimer’s disease patients: a clinical study. Am J Psychiatry. 1997;154:1070– 1075. Elliott C. Caring about risks: are severely depressed patients competent to consent to research? Arch Gen Psychiatry. 1997;54:113–116. Foster C. Commentary: ethics of clinical research without patients’ consent. BMJ. 1996;312:817. Geller G, Strauss M, Bernhardt BA, Holtzman NA. “Decoding” informed consent: insights from women regarding breast cancer susceptibility testing. Hastings Cent Rep. 1997;27:28–33. Haimowitz S, Delano SJ, Oldham JM. Uninformed decisionmaking: the case of surrogate research consent. Hastings Cent Rep. 1997;27:9–16. Hewlett SE. Is consent to participate in research voluntary? Arthritis Care Res. 1996;9:400–404. High DM. Research with Alzheimer’s disease subjects: informed consent and proxy decision making. J Am Geriatr Soc. 1992;40:950–957. 340
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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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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
Page 289 and 290: ) Reasonable-Patient Standard This
Page 291 and 292: candidates for treatment if their u
Page 293 and 294: prospective reimbursement systems r
Page 295 and 296: The child’s legal status should b
Page 297 and 298: litigation. Most states allow a phy
Page 299 and 300: should be reported to the child pro
Page 301 and 302: mental suffering and injury. 5. No
Page 303 and 304: ensure that all other participants
Page 305 and 306: (1) The research involves no more t
Page 307 and 308: different dialects but with differe
Page 309 and 310: to consent to medical care. Convers
Page 311 and 312: person. The power of attorney may b
Page 313 and 314: eligious reasons. Parents may refus
Page 315 and 316: life-support technologies, patients
Page 317 and 318: use every possible avenue to prolon
Page 319 and 320: decision? The court found that Miss
Page 321 and 322: Cruzan really dead? Justice Rehnqui
Page 323 and 324: discussed in terms of the patient
Page 325 and 326: ) Following the Patient’s Wishes
Page 327 and 328: Few termination of life-support cas
Page 329 and 330: than any element of human behaviora
Page 331 and 332: Law Policy. 1997;361. Brody, H. Com
Page 333 and 334: Furthermore, a physician who withdr
Page 335 and 336: Cunningham N. Fear and informed con
Page 337 and 338: Invest Radiol. 1996;31:109-113. Nic
Page 339: interests test. J Leg Med. 1991;12:
Page 343 and 344: 1994;8:19-27. Silverman HJ. Ethical
Page 345 and 346: Insurance Portability and Accountab
Page 347 and 348: physician, just as the records of c
Page 349 and 350: and if the patient is the victim of
Page 351 and 352: Disabilities Act (ADA) limits an em
Page 353 and 354: that is part of routine medical car
Page 355 and 356: A description of each purpose of th
Page 357 and 358: services to the medical care provid
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Page 361 and 362: Use appropriate safeguards to preve
Page 363 and 364: when they were designing research s
Page 365 and 366: such as an antitrust or false claim
Page 367 and 368: contain, the potential for harm in
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Page 371 and 372: Anything that indicates special tre
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Page 375 and 376: keep personal notes, and often the
Page 377 and 378: night unless she has a serious conc
Page 379 and 380: difficult to authenticate, unless t
Page 381 and 382: 225. Smith J. Good medical records
Page 383 and 384: The legal consequences of the corpo
Page 385 and 386: to set up their own practices or wo
Page 387 and 388: California. Independent Contractor:
Page 389 and 390: physician fail to obtain a proper i
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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,
Page 537 and 538:
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
Page 583 and 584:
patient’s decisions. The patient
Page 585 and 586:
covered in signs that ask women if
Page 587 and 588:
decisions not to use medical interv
Page 589 and 590:
lifesaving care. Many physicians ig
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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
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Employees may also have a financial
Page 629 and 630:
available information on the proper
Page 631 and 632:
lood tests that are medically neces
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hospital. Both the medical care pro
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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
Page 655 and 656:
hepatitis A, the onset of the disea
Page 657 and 658:
(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
Page 683 and 684:
Team physicians’ duties are to th
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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
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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
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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