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Peterson DC. Clinician responsibilities under the National Childhood Vaccine Injury Act. Minn Med. 1992;75:29– 31. Potterat JJ. Contact tracing’s price is not its value. Sex Transm Dis. 1997;24:519– 521. Rahman M, Fukui T, Asai A. Cost-effectiveness analysis of partner notification program for human immunodeficiency virus infection in Japan. J Epidemiol. 1998;8:123–128. Roberts DF. Disease reporting: the first step in surveillance. SC Nurse. 1996;3:16– 17. Robinson AJ, Greenhouse P. Prevention of recurrent pelvic infection by contact tracing: a commonsense approach. Br J Obstet Gynaecol. 1996;103:859–861. Rodriguez EM, Steinbart S, Shaulis G, Bur S, Dwyer DM. Pulmonary tuberculosis in a high school student and a broad contact investigation: lessons relearned. Md Med J. 1996;45:1019–1022. Rogers SJ, Tross S, Doino-Ingersol J, Weisfuse I. Partner notification with HIV- infected drug users: results of formative research. AIDS Care. 1998;10:415–429. Rothenberg RB, Potterat JJ, Woodhouse DE. Personal risk taking and the spread of disease: beyond core groups. J Infect Dis. 1996;174:S144–S149. Rothenberg RB, Sterk C, Toomey KE, et al. Using social network and ethnographic tools to evaluate syphilis transmission. Sex Transm Dis. 1998;25:154–160. Rothenberg RB, Woodhouse DE, Potterat JJ, Muth SQ, Darrow WW, Klovdahl AS. Social networks in disease transmission: the Colorado Springs Study. NIDA Res Monogr. 1995;151:3–19. Rothman LM, Dubeski G. School contact tracing following a cluster of tuberculosis cases in two Scarborough schools. Can J Public Health. 1993;84:297–302. Ruben FL, Lynch DC. Tuberculosis control through contact investigation. Pa Med. 1996;99:22–23. Salerno MC, Jackson MM. Clinical savvy: what does the National Childhood Vaccine Injury Act require of nurses? Am J Nurs. 1988;88:1019–1020. Sepkowitz S. Perverse reactions to pertussis vaccine by government medical agencies. J Okla State Med Assoc. 1996;89:135–138. Slabber CF, Davies JC. Reporting occupational disease. S Afr Med J. 1994;84:127– 128. Small PM, Hopewell PC, Singh SP, et al. The epidemiology of tuberculosis in San Francisco: a population-based study using conventional and molecular methods. N Engl J Med. 1994;330:1703–1709. 493
Starr P, Starr S. Reinventing vital statistics: the impact of changes in information technology, welfare policy, and medical care. Public Health Rep. 1995;110:534–544. Toomey KE, Peterman TA, Dicker LW, Zaidi AA, Wroten JE, Carolina J. Human immunodeficiency virus partner notification: cost and effectiveness data from an attempted randomized controlled trial. Sex Transm Dis. 1998;25:310– 316. Toreki W. Risk management...National Childhood Vaccine Injury Act of 1986. Trends Health Care Law Ethics. 1992;7:41–44. Valway SE, Sanchez MP, Shinnick TF, et al. An outbreak involving extensive transmission of a virulent strain of Mycobacterium tuberculosis. N Engl J Med. 1998;338:633– 639. Watchi R, Kahlstrom E, Vachon LA, Barnes PF. Pediatric tuberculosis: clinical presentation and contact investigation at an urban medical center. Respiration. 1998;65:192–194. West GR, Stark KA. Partner notification for HIV prevention: a critical reexamination. AIDS Educ Prev. 1997;9:68–78. Woodhouse DE, Potterat JJ, Rothenberg RB, Darrow WW, Klovdahl AS, Muth SQ. Ethical and legal issues in social network research: the real and the ideal. NIDA Res Monogr. 1995;151:131–143. Woodhouse DE, Rothenberg RB, Potterat JJ, et al. Mapping a social network of heterosexuals at high risk for HIV infection. AIDS. 1994;8:1331–1336. Woolbright LA, Harshbarger DS. The revised standard certificate of live birth: analysis of medical risk factor data from birth certificates in Alabama, 1988–92. Public Health Rep. 1995;110:59–63. 2. Law Enforcement Reporting Andronicus M, Oates RK, Peat J, Spalding S, Martin H. Non- accidental burns in children. Burns. 1998;24:552–558. Archer PJ, Mallonee S, Schmidt AC, Ikeda RM. Oklahoma Firearm- Related Injury Surveillance. Am J Prev Med. 1998;15:83–91. Atta HM, Walker ML. Penetrating neck trauma: lack of universal reporting guidelines. Am Surg. 1998;64:222–225. Barber CW, Ozonoff VV, Schuster M, et al. Massachusetts Weapon- Related Injury Surveillance System. Am J Prev Med. 1998;15:57–66. Budai P. Mandatory reporting of child abuse: is it in the best interest of the child? Aust NZ J Psychiatry. 1996;30:794– 804. Chiocca EM. Documenting suspected child abuse, part I. Nursing. 1998;28:17. 494
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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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protocols become generic documentat
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the physician is directly supervisi
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a. Penicillin V potassium 250 mg q.
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they hospitalize or refer a patient
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patient’s right of privacy should
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Medical students are often enthusia
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unauthorized practice of medicine.
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staff knows that the orders are onl
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is injured by a fellow workers’ n
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limited due process restrictions on
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agreeing to reimburse the MCO for a
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collective action, a close reading
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Med Soc. 1996;148:341-343. Maurer W
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Fiesta J. Delegation, downsizing an
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XIV. Peer Review and Deselection HI
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the development of new legal theori
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juror’s perspective, peer review
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to deal fairly with citizens, these
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
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: eporting practices. J Emerg Med. 19
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
Page 509 and 510: (Wash. 1955); Rogowski v. City of D
Page 511 and 512: adverse effects would occur was arb
Page 513 and 514: Kaul v. City of Chehalis, 277 P.2d
Page 515 and 516: Introduction There are special cons
Page 517 and 518: Under no circumstances should medic
Page 519 and 520: patients about high-risk behavior a
Page 521 and 522: arrier method that is only 70% effe
Page 523 and 524: injectable contraceptive that lasts
Page 525 and 526: that HIV is less of a threat than a
Page 527 and 528: for procedures affecting reproducti
Page 529 and 530: funded services to coerce a person
Page 531 and 532: The person who obtains the consent;
Page 533 and 534: The recognition of personal privacy
Page 535 and 536: medically necessary: On their face,
Page 537 and 538: Although abortion is still a surgic
Page 539 and 540: The presumption of legitimacy was a
Page 541 and 542: Unfitness is also narrowly defined
Page 543 and 544: consistent with public health and s
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constitutional protections or feder
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information in violation of confide
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Mary Sue’s ova were successfully
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But the rule does not contemplate t
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as not to violate this prohibition.
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committed before she knows the stre
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1. Adoption 2. Family Planning and
Page 559 and 560:
Soderberg H, Andersson C, Janzon L,
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Hum Reprod. 1992;7:1029-1033. Snowd
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condition. This conflict can take t
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eaching a level of 1 per 11 births
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who has finally conceived after thr
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should be sure that she understands
Page 571 and 572:
The treatment of infertility poses
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disorder should not be helped to co
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Choosing a sperm donor can be legal
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prevent the spread of disease, and
Page 579 and 580:
problems before they cause accident
Page 581 and 582:
Beyond a structured prenatal care s
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
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Marshall BM. Ethical issues in assi
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1995;115:39-43. Greely HT. Genetic
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3. General Obstetrics Abrams FR. Co
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King NM. Informed consent and the p
Page 609 and 610:
XIX. Occupational Medicine and Disa
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
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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
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
Page 661 and 662:
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
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Team physicians’ duties are to th
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first aid and training programs are
Page 687 and 688:
equired by the school is not accept
Page 689 and 690:
interfere with getting the child pr
Page 691 and 692:
4. Handicapped Children Handicapped
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1996;35:237-242. Cheng TL, Savageau
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Med Sci Law. 1995;35:45-47. Mitten
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handling prisoners in a burns unit.
Page 699 and 700:
legislation. The FDA, DHHS, HCFA, a
Page 701 and 702:
of a lower court to a higher, appel
Page 703 and 704:
assaulted will bring a legal action
Page 705 and 706:
anesthesiologists and nurses with i
Page 707 and 708:
Negligence to consider the plaintif
Page 709 and 710:
declaratory judgments about the con
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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