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Corker D. Involuntary disclosure of private medical records to the defense in criminal proceedings. Med Sci Law. 1998;38:138–141. Francisco CJ. Confidentiality, privilege, and release of medical records under a subpoena duces tecum. Tex Med. 1991;87:34–35. Gilhooly ML, McGhee SM. Medical records: practicalities and principles of patient possession. J Med Ethics. 1991;17:138–143. Henry PF. Legal issues relating to access to medical records. Nurse Pract Forum. 1993;4:120–121. Jones TL, George T. Private matters: will electronic medical records doom confidentiality? Tex Med. 1996;92:46–50. Karp D. Dictated medical records reduce liability. Alaska Med. 1991;33:42. Kluge EH. Advanced patient records: some ethical and legal considerations touching medical information space. Methods Inf Med. 1993;32:95–103. Knox EG. Confidential medical records and epidemiological research. BMJ. 1992;304:727–8. Markus A, Lockwood M. Is it permissible to edit medical records? BMJ. 1991;303:349–51. Markus AC. Medical confidentiality and records in general practice. Br J Gen Pract. 1991;41:136, 138. Melton LJ 3rd. The threat to medical-records research. N Engl J Med. 1997;337:466– 470. Mitchell MW. Physician medical records patient access revisited. J Ark Med Soc. 1991;88:89–90. Miya PA, Megal ME. Confidentiality and electronic medical records. Medsurg Nurs. 1997;6:222–224, 212. Philipsen N, McMullen P. Medical records: promoting patient confidentiality. Nursingconnections. 1993;6:48–50. Prosser RL Jr. Alteration of medical records submitted for medicolegal review. JAMA. 1992;267:2630–2631. Richards BC, Thomasson GO. Medical records figure prominently in malpractice cases: a closed liability claims analysis. Colo Med. 1992;89:398–401. Rind DM, Kohane IS, Szolovits P, Safran C, Chueh HC, Barnett GO. Maintaining the confidentiality of medical records shared over the Internet and the World Wide Web. Ann Intern Med. 1997;127:138–141. Rosenblum JB. Legal aspects of computerized medical records. Leg Med. 1995:205– 379
225. Smith J. Good medical records key to prevention, defense against malpractice claims. Mich Med. 1993;92:14–15. Sokolov KI. Medical records of minors—procedures regarding disclosure. J Med Assoc Ga. 1989;78:718–721. Start CA. Patient records and medical history: tips to avoid liability. J Mich Dent Assoc. 1996;78:22, 24. Tadd V. Medical records: off the record. Nurs Stand. 1996;10:44. Tilton SH. Right to privacy and confidentiality of medical records. Occup Med. 1996;11:17–29. Wald N, Law M, Meade T, Miller G, Alberman E, Dickinson J. Use of personal medical records for research purposes. BMJ. 1994;309:1422–1444. Weil Z. Evidential damage as a result of improper medical records. Med Law. 1998;17:13–24. Wernert JJ. Maintaining confidentiality of computerized medical records. Indiana Med. 1995;88:440–444. Williams RC. Privacy and computerized medical records. Ala Med. 1995;65:29–37. Wooddell J. Medical records and their use in litigation. Mo Med. 1997;94:168–170. G. Exhibit 7–1 P.L. Mccarthy’s Technique For Evaluating Pediatric Patients Quality of Cry 1—strong cry with normal tone or contented and not crying 2—whimpering or sobbing 3—weak cry, moaning, or high-pitched cry Reaction to Parental Stimulation 1—cries briefly and then stops, or is contented and not crying 2—cries off and on 3—cries continually or hardly responds State Variation 1—if awake, stays awake, or if asleep and then stimulated, awakens quickly 2—closes eyes briefly when awake, or awakens with prolonged stimulation 3—falls asleep or will not arouse 380
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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
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) Reasonable-Patient Standard This
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candidates for treatment if their u
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prospective reimbursement systems r
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The child’s legal status should b
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litigation. Most states allow a phy
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should be reported to the child pro
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mental suffering and injury. 5. No
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ensure that all other participants
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(1) The research involves no more t
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different dialects but with differe
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to consent to medical care. Convers
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person. The power of attorney may b
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eligious reasons. Parents may refus
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life-support technologies, patients
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use every possible avenue to prolon
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decision? The court found that Miss
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Cruzan really dead? Justice Rehnqui
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discussed in terms of the patient
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) Following the Patient’s Wishes
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Few termination of life-support cas
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 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
Page 359 and 360: Access to the records is subject to
Page 361 and 362: Use appropriate safeguards to preve
Page 363 and 364: when they were designing research s
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Page 377 and 378: night unless she has a serious conc
Page 379: difficult to authenticate, unless t
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Page 387 and 388: California. Independent Contractor:
Page 389 and 390: physician fail to obtain a proper i
Page 391 and 392: When a physician recommends unneces
Page 393 and 394: Because employers attempt to limit
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Page 399 and 400: important if the employee injures a
Page 401 and 402: these rules vary greatly from state
Page 403 and 404: If, as frequently happens, the pati
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Page 407 and 408: protocols become generic documentat
Page 409 and 410: the physician is directly supervisi
Page 411 and 412: a. Penicillin V potassium 250 mg q.
Page 413 and 414: they hospitalize or refer a patient
Page 415 and 416: patient’s right of privacy should
Page 417 and 418: Medical students are often enthusia
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Page 423 and 424: is injured by a fellow workers’ n
Page 425 and 426: limited due process restrictions on
Page 427 and 428: agreeing to reimburse the MCO for a
Page 429 and 430: 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
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problems before they cause accident
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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
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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
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XIX. Occupational Medicine and Disa
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and balances inherent in having gen
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putative illness, requesting an exc
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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
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Purtilo RB. Ethical issues in the h
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Disabilities Act: a decision analys
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occupational accidents and diseases
Page 675 and 676:
1998;13:241-272. Pollack R. Update
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legislation, set minimum standards
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hearing seems to be rooted in the l
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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
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interfere with getting the child pr
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4. Handicapped Children Handicapped
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1996;35:237-242. Cheng TL, Savageau
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Med Sci Law. 1995;35:45-47. Mitten
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handling prisoners in a burns unit.
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legislation. The FDA, DHHS, HCFA, a
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of a lower court to a higher, appel
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assaulted will bring a legal action
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anesthesiologists and nurses with i
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Negligence to consider the plaintif
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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
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had that reasonable person been in
Page 727 and 728:
RICO The common abbreviation for st
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person seeks damages or other legal
Page 731 and 732:
appropriateness. Vacate When a cour
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