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1997;38:1–9. Tenery RM Jr. Patients need protection under managed care. Tex Med. 1998;94:44. Thurber CF. Commentary: quality and managed care: where is the fit? Am J Med Qual. 1997;12:177–182. Wachler AB, Avery PA. Physician incentive plan regulations: implications for managed care organizations and providers. Health Lawyer. 1996;8:1–5. Weber RD. Managed care tort liability. Mich Med. 1997;96:8, 52. 2. Teaching And Supervision Adams BL. Why must nurses risk their careers for safe care? Am J Nurs. 1997;97:80. Barter M, Furmidge ML. Unlicensed assistive personnel. Issues relating to delegation and supervision. J Nurs Adm. 1994;24:36–40. Berlin L. Liability of attending physicians when supervising residents. AJR Am J Roentgenol. 1998;171:295–299. Berlin L. Liability of the moonlighting resident. AJR Am J Roentgenol. 1998;171:565–567. Berlin L. Vicarious liability. AJR Am J Roentgenol. 1997;169:621–624. Berliner MC. To fear or not to fear: hospital liability for teaching physician and resident billing issues. J Health Care Finance. 1996;23:86–87. Booth D, Carruth AK. Violations of the nurse practice act: implications for nurse managers. Nurs Manage. 1998;29:35– 39; quiz 40. Butters JM, Strope JL. Legal standards of conduct for students and residents: implications for health professions educators. Acad Med. 1996;71:583–590. Calfee BE. The legal consequences of practicing beneath your licensure status. Revolution. 1997;7:21. Chiarella EM. Nurses’ liability in doctor–nurse relationships. Contemp Nurse. 1993;2:6–10. Collins SE. Supervision of and delegation to UAPs. Fla Nurse. 1997;45:8, 10. Dewar MA. Medical law and ethics: from training to education. J Fla Med Assoc. 1994;81:11. Falk JL. Medical direction of emergency medical service systems: a full-time commitment whose time has come. Crit Care Med. 1993;21:1259–1260. Feldstein JH, Fishman CL. A hospital’s liability for staffing its emergency room with an intern. Leg Med. 1990:179–188. 431
Fiesta J. Delegation, downsizing and liability. Nurs Manage. 1997;28:14. George JE, Quattrone MS, Goldstone M. Nurse-physician communication breakdown: is it a basis for nurse liability? J Emerg Nurs. 1996;22:144–145. Grupp-Phelan J, Reynolds S, Lingl LL. Professional liability of residents in a children’s hospital. Arch Pediatr Adolesc Med. 1996;150:87–90. Hall SA. Potential liabilities of medical directors for actions of EMTs. Prehosp Emerg Care. 1998;2:76–80. Hannah HW. Vicarious liability. J Am Vet Med Assoc. 1995;207:863–864. Helms LB, Helms CM. Forty years of litigation involving residents and their training, II. malpractice issues. Acad Med. 1991;66:718–725. Heylen R. The vicarious liability of a surgeon for a negligent anesthesiologist. Acta Anaesthesiol Belg. 1993;44:61–68. Hirsh HL. Medico-legal considerations in the use of physician extenders. Leg Med. 1991:127–205. Holliman CJ, Wuerz RC, Meador SA. Decrease in medical command errors with use of a “standing orders” protocol system. Am J Emerg Med. 1994;12:279–283. Howard G. Vicarious liability of employers explained. Occup Health (Lond). 1991;43:266–267. Jenkins SM. The myth of vicarious liability: impact on barriers to nurse- midwifery practice. J Nurse Midwifery. 1994;39:98–106. Jerrold L, Jerrold R. Litigation, legislation, and ethics: vicarious liability: its importance in professional practices. Am J Orthod Dentofacial Orthop. 1998;114:114–116. Keill SL. Moonlighting: why training programs should monitor residents’ activities. Hosp Community Psychiatry. 1991;42:735–738. Kollas CD. Exploring internal medicine chief residents’ medicolegal knowledge. J Leg Med. 1997;18:47–61. Kollas CD. Medicolegal program for resident physicians. Pa Med. 1997;100:28–29. Larimore WL. Pregnancy care liability misperceptions among medical students in Florida. Fam Med. 1994;26:154–156. Mannino MJ. Legal aspects of nurse anesthesia practice. Nurs Clin North Am. 1996;31:581–589. McBride D. Who shoulders the risk? Liability and allied health providers. Iowa Med. 1996;86:201–202. McMullen P, Philipsen N. An unsafe or unprofessional colleague: what’s a nurse to 432
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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
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than any element of human behaviora
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Law Policy. 1997;361. Brody, H. Com
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Furthermore, a physician who withdr
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Cunningham N. Fear and informed con
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Invest Radiol. 1996;31:109-113. Nic
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interests test. J Leg Med. 1991;12:
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esearch subjects: proposed guidelin
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1994;8:19-27. Silverman HJ. Ethical
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Insurance Portability and Accountab
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physician, just as the records of c
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and if the patient is the victim of
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Disabilities Act (ADA) limits an em
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that is part of routine medical car
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A description of each purpose of th
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services to the medical care provid
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Access to the records is subject to
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Use appropriate safeguards to preve
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when they were designing research s
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such as an antitrust or false claim
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contain, the potential for harm in
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identification of abnormal findings
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Anything that indicates special tre
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put in the chart to document that t
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keep personal notes, and often the
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night unless she has a serious conc
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difficult to authenticate, unless t
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
Page 391 and 392: When a physician recommends unneces
Page 393 and 394: Because employers attempt to limit
Page 395 and 396: utilization review organization den
Page 397 and 398: to influence a treating doctor’s
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
Page 405 and 406: eviewed completely by the supervisi
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
Page 419 and 420: unauthorized practice of medicine.
Page 421 and 422: staff knows that the orders are onl
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
Page 431: Med Soc. 1996;148:341-343. Maurer W
Page 435 and 436: XIV. Peer Review and Deselection HI
Page 437 and 438: the development of new legal theori
Page 439 and 440: juror’s perspective, peer review
Page 441 and 442: to deal fairly with citizens, these
Page 443 and 444: 5. There is an overriding national
Page 445 and 446: a) Notice of a Right to a Hearing T
Page 447 and 448: equest, to the physician or practit
Page 449 and 450: subchapter. Information about malpr
Page 451 and 452: the standards set forth in the Act,
Page 453 and 454: 2. The Problem of Bias Until recent
Page 455 and 456: from general disclosure, but it sho
Page 457 and 458: do cost-cutting that the physicians
Page 459 and 460: Med. 1997;18:521-538. Maguire D. Te
Page 461 and 462: Introduction All medical care pract
Page 463 and 464: we are due for another worldwide ep
Page 465 and 466: include nurses, dentists, veterinar
Page 467 and 468: marital disharmony. In the classic
Page 469 and 470: criticisms of the cost of contact t
Page 471 and 472: diseases such as the Marburg or Ebo
Page 473 and 474: organized, powerful political lobby
Page 475 and 476: homosexual activists and the religi
Page 477 and 478: eligion or conscience. Thus, he can
Page 479 and 480: high, amounting to several dollars
Page 481 and 482: 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
Page 507 and 508:
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
Page 551 and 552:
But the rule does not contemplate t
Page 553 and 554:
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,
Page 561 and 562:
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
Page 569 and 570:
should be sure that she understands
Page 571 and 572:
The treatment of infertility poses
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disorder should not be helped to co
Page 575 and 576:
Choosing a sperm donor can be legal
Page 577 and 578:
prevent the spread of disease, and
Page 579 and 580:
problems before they cause accident
Page 581 and 582:
Beyond a structured prenatal care s
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
Page 591 and 592:
profound differences in the underly
Page 593 and 594:
midwife’s skills and judgment, as
Page 595 and 596:
who might sue on her behalf or on t
Page 597 and 598:
contraception, but contraception ha
Page 599 and 600:
One example has been the developmen
Page 601 and 602:
Marshall BM. Ethical issues in assi
Page 603 and 604:
1995;115:39-43. Greely HT. Genetic
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3. General Obstetrics Abrams FR. Co
Page 607 and 608:
King NM. Informed consent and the p
Page 609 and 610:
XIX. Occupational Medicine and Disa
Page 611 and 612:
and balances inherent in having gen
Page 613 and 614:
putative illness, requesting an exc
Page 615 and 616:
compensation system. The company ma
Page 617 and 618:
In some circumstances, the union ma
Page 619 and 620:
ethical obligations concerning the
Page 621 and 622:
Records concerning voluntary employ
Page 623 and 624:
employee’s health status.” In t
Page 625 and 626:
films shall be preserved in their o
Page 627 and 628:
Employees may also have a financial
Page 629 and 630:
available information on the proper
Page 631 and 632:
lood tests that are medically neces
Page 633 and 634:
hospital. Both the medical care pro
Page 635 and 636:
Section 504 was a remedial statute
Page 637 and 638:
or recurrent, that the key word was
Page 639 and 640:
government officials investigating
Page 641 and 642:
incorrect, so this area of the law
Page 643 and 644:
is to ensure that patients have eno
Page 645 and 646:
problems. The Court also reiterated
Page 647 and 648:
the medical problems have affected
Page 649 and 650:
normal eyes and kidneys and no peri
Page 651 and 652:
not constitute a disability. The pa
Page 653 and 654:
workplace, their legal status is no
Page 655 and 656:
hepatitis A, the onset of the disea
Page 657 and 658:
(2) The nature and severity of the
Page 659 and 660:
Many diseases are spread by insects
Page 661 and 662:
eporting duties that apply to the c
Page 663 and 664:
9. Bloodborne Pathogens All workpla
Page 665 and 666:
this includes all types of medical
Page 667 and 668:
clinics or home health visits. An i
Page 669 and 670:
Purtilo RB. Ethical issues in the h
Page 671 and 672:
Disabilities Act: a decision analys
Page 673 and 674:
occupational accidents and diseases
Page 675 and 676:
1998;13:241-272. Pollack R. Update
Page 677 and 678:
legislation, set minimum standards
Page 679 and 680:
hearing seems to be rooted in the l
Page 681 and 682:
ates among drug addicts. Beyond the
Page 683 and 684:
Team physicians’ duties are to th
Page 685 and 686:
first aid and training programs are
Page 687 and 688:
equired by the school is not accept
Page 689 and 690:
interfere with getting the child pr
Page 691 and 692:
4. Handicapped Children Handicapped
Page 693 and 694:
1996;35:237-242. Cheng TL, Savageau
Page 695 and 696:
Med Sci Law. 1995;35:45-47. Mitten
Page 697 and 698:
handling prisoners in a burns unit.
Page 699 and 700:
legislation. The FDA, DHHS, HCFA, a
Page 701 and 702:
of a lower court to a higher, appel
Page 703 and 704:
assaulted will bring a legal action
Page 705 and 706:
anesthesiologists and nurses with i
Page 707 and 708:
Negligence to consider the plaintif
Page 709 and 710:
declaratory judgments about the con
Page 711 and 712:
Durable Power of Attorney ensurance
Page 713 and 714:
fiduciary relationship, as is the r
Page 715 and 716:
Hearsay Rule Testimony of what anot
Page 717 and 718:
In Loco Parentis Literally, in the
Page 719 and 720:
to dangerous products such as drugs
Page 721 and 722:
filing of all official documents. I
Page 723 and 724:
Perjury The willful act of giving f
Page 725 and 726:
had that reasonable person been in
Page 727 and 728:
RICO The common abbreviation for st
Page 729 and 730:
person seeks damages or other legal
Page 731 and 732:
appropriateness. Vacate When a cour
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