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ethinking impaired provider policies. Am J Med Qual. 1996;11:94–99. Couch JB, Kauffman A, Merry M. The value of external peer review after the Health Care Quality Improvement Act and Patrick v. Burget. Qual Assur Util Rev. 1989;4:86– 88. Crespo RA. Physician deselection: what it means for you. Wis Med J. 1997;96:58–62. Faunce TA, Rudge B. Deaths on the table: proposal for an international convention on the investigation and prevention of anaesthetic mortality. Med Law. 1998;17:31–54. Freeman J. Peer review is critical to quality medical care. Iowa Med. 1997;87:357. Gilbert ML. The National Practitioner Data Bank: is big brother watching you? J Colo Dent Assoc. 1998;77:30–31. Graddy B. Self-query and the National Practitioner Data Bank: issues of confidentiality. Tex Med. 1993;89:54–55. Graddy B. TMA takes aim against deselection. Tex Med. 1994;90:14–17. Granville RL, Flannery FT. The National Practitioner Data Bank: an overview for the emergency physician. Emerg Med Clin North Am. 1993;11:923–931. Hay CR. Health Care Quality Improvement Act of 1986: what physicians need to know about the Act. Kans Med. 1989;90:239–240, 242, 244. Heffernan M. The Health Care Quality Improvement Act of 1986 and the National Practitioner Data Bank: the controversy over practitioner privacy versus public access. Bull Med Libr Assoc. 1996;84:263–269. Heim SW, Stevermer JJ. Do peer review organizations improve quality of care in AMI? J Fam Pract. 1998;47:95. Horner SL. The Health Care Quality Improvement Act of 1986: its history, provisions, applications and implications. Am J Law Med. 1990;16:455–498. Hotko B, Van Dyke D. Peer review: strengthening leadership skills. Nurs Manage. 1998;29:41, 44. Kennedy KE. Peer review: federal and state protection. Minn Med. 1996;79:52–54. King JY. Practice guidelines and medical malpractice litigation. Med Law. 1997;16:29–39. Levine RD, Sugarman M, Schiller W, Weinshel S, Lehning EJ, Lagasse RS. The effect of group discussion on interrater reliability of structured peer review. Anesthesiology. 1998;89:507–515. Liner RS. Physician deselection: the dynamics of a new threat to the physician– patient relationship. Am J Law Med. 1997;23:511–537. Lingle EA, Frazier DS. Physician defamation: candor rarely results in liability. J Leg 457
Med. 1997;18:521–538. Maguire D. Ten commandments of peer review. Neonatal Netw. 1998;17:63–67. Martz EW. Confidentiality and control. Del Med J. 1997;69:157–159. Martz EW. National Practitioner Data Bank. Del Med J. 1995;67:492–493. Meadow W, Bell A, Lantos J. Physicians’ experience with allegations of medical malpractice in the neonatal intensive care unit. Pediatrics. 1997;99:E10. Metter EJ, Granville RL, Kussman MJ. The effect of threshold amounts for reporting malpractice payments to the National Practitioner Data Bank: analysis using the closed claims data base of the Office of the Assistant Secretary of Defense (Health Affairs). Mil Med. 1997;162:257–261. Montague J. Breaking the bank? MDs say NPDB needs screening. Hosp Health Netw. 1993;67:51. Montague J. Should the public have access to the National Practitioner Data Bank? Hosp Health Netw. 1994;68:52, 54–56. Neighbor WE, Baldwin LM, West PA, Hart LG. Rural hospitals’ experience with the National Practitioner Data Bank. Am J Public Health. 1997;87:663–666. Ortolon K. Deselection, round two: TMA takes due process fight with managed care organizations to US Congress. Tex Med. 1994;90:20–22. Oshel RE, Croft T, Rodak J Jr. The National Practitioner Data Bank: the first 4 years. Public Health Rep. 1995;110:383– 394. Pallesen KS. The Health Care Quality Improvement Act of 1986: National Practitioner Data Bank. Nebr Med J. 1991;76:353–372. Pugsley SC. Implementing the Health Care Quality Improvement Act. Leg Med. 1990:217–242. Rifkin AM, Evans GE, Hall GD. Antitrust’s recent attack on the peer review practitioner: is the Health Care Quality Improvement Act a viable remedy? Md Med J. 1990;39:21– 32. Ronai SE. Physician deselection by managed care plans: due process guidance for doctors terminated without cause. Conn Med. 1997;61:483–486. Ronai SE, Meng ME. Civil liability of peer review participants: Patrick v. Burget and the Health Care Quality Improvement Act of 1986. Conn Med. 1988;52:537–540. Sandrick K. Two years and running: the National Practitioner Data Bank begins to roll, but issues remain. Hospitals. 1993;67:44–45. Scott C. Should physicians have a voice in insurer settlements of medical malpractice claims? J Fla Med Assoc. 1993;80:633–666. 458
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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
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225. Smith J. Good medical records
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The legal consequences of the corpo
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to set up their own practices or wo
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California. Independent Contractor:
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physician fail to obtain a proper i
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When a physician recommends unneces
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Because employers attempt to limit
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utilization review organization den
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to influence a treating doctor’s
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important if the employee injures a
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these rules vary greatly from state
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If, as frequently happens, the pati
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eviewed completely by the supervisi
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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
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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 and 432: Med Soc. 1996;148:341-343. Maurer W
Page 433 and 434: Fiesta J. Delegation, downsizing an
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: do cost-cutting that the physicians
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
Page 483 and 484: caused or contributed to by infecti
Page 485 and 486: D. Law Enforcement Reporting Every
Page 487 and 488: campus police. The campus police de
Page 489 and 490: the law enforcement authorities are
Page 491 and 492: when they are acting as officers of
Page 493 and 494: eporting practices. J Emerg Med. 19
Page 495 and 496: Starr P, Starr S. Reinventing vital
Page 497 and 498: October;51:132]. J Am Med Womens As
Page 499 and 500: laws governing air and water pollut
Page 501 and 502: the widespread occurrence of tooth
Page 503 and 504: within the power of the judiciary t
Page 505 and 506: [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,
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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
Page 557 and 558:
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
Page 567 and 568:
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
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Section 504 was a remedial statute
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or recurrent, that the key word was
Page 639 and 640:
government officials investigating
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incorrect, so this area of the law
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is to ensure that patients have eno
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problems. The Court also reiterated
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the medical problems have affected
Page 649 and 650:
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
Page 659 and 660:
Many diseases are spread by insects
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eporting duties that apply to the c
Page 663 and 664:
9. Bloodborne Pathogens All workpla
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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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