Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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2. Genetic Counseling Andrews LB. Legal aspects of genetic information. Yale J Biol Med. 1991;64:29–40. Atkin K, Ahmad WI. Genetic screening and haemoglobinopathies: ethics, politics and practice. Soc Sci Med. 1998;46:445–458. Ayme S, Macquart-Moulin G, Julian-Reynier C, Chabal F, Giraud F. Diffusion of information about genetic risk within families. Neuromuscul Disord. 1993;3:571– 574. Bondy M, Mastromarino C. Ethical issues of genetic testing and their implications in epidemiologic studies. Ann Epidemiol. 1997;7:363–366. Briard ML, Mattei JF. Cystic fibrosis: preimplantation diagnosis, prenatal diagnosis and medical ethics, a successful combination. Pediatr Pulmonol Suppl. 1997;16:65. Burgess MM, Laberge CM, Knoppers BM. Bioethics for clinicians, 14: ethics and genetics in medicine. CMAJ. 1998;158:1309–1313. Chadwick RF. What counts as success in genetic counseling? J Med Ethics. 1993;19:43–46; discussion 47–49. Clarke A, Parsons E, Williams A. Outcomes and process in genetic counseling. Clin Genet. 1996;50:462–469. Dailey JV, Pagnotto MA, Fontana-Bitton S, Brewster SJ. Role of the genetic counselor: an overview. J Perinat Neonatal Nurs. 1995;9:32–44. Danks DM. Germ-line gene therapy: no place in treatment of genetic disease. Hum Gene Ther. 1994;5:151–152. Davis JG. Predictive genetic tests: problems and pitfalls. Ann NY Acad Sci. 1997;833:42–46. Dickens BM. Legal issues in predictive genetic testing programs. Alzheimer Dis Assoc Disord. 1994;8:94–101. Dickenson D. Carriers of genetic disorder and the right to have children. Acta Genet Med Gemellol. 1995;44:75–80. Donley J. The perfect child mirage. Midwifery Today Childbirth Educ. 1994:20–21. Elkins TE, Brown D. Ethical concerns and future directions in maternal screening for Down syndrome. Womens Health Issues. 1995;5:15–20. Fletcher JC, Evans MI. Ethics in reproductive genetics. Clin Obstet Gynecol. 1992;35:763–782. Glover NM, Glover SJ. Ethical and legal issues regarding selective abortion of fetuses with Down syndrome. Ment Retard. 1996;34:207–214. Grantham JJ. Ethical issues and genetic counseling. Contrib Nephrol. 601
1995;115:39–43. Greely HT. Genetic testing for cancer susceptibility: challenges for creators of practice guidelines. Oncology (Huntingt). 1997;11:171–176. Henn W. Predictive diagnosis and genetic screening: manipulation of fate? Perspect Biol Med. 1998;41:282–289. Kennedy M. Genetic testing: harbinger of hope or landmine in the medical landscape? Wis Med J. 1998;97:30–3, 37. Lupton ML. The impact of genetics on society: the law’s response. Med Law. 1991;10:55–76. McAbee GN, Sherman J, Davidoff-Feldman B. Physician’s duty to warn third parties about the risk of genetic diseases. Pediatrics. 1998;102:140–142. McGee G, Arruda M. A crossroads in genetic counseling and ethics. Camb Q Healthc Ethics. 1998;7:97–100. McKinnon WC, Baty BJ, Bennett RL, et al. Predisposition genetic testing for late- onset disorders in adults. A position paper of the National Society of Genetic Counselors. JAMA. 1997;278:1217–1220. Milunsky JM, Milunsky A. Genetic counseling in perinatal medicine. Obstet Gynecol Clin North Am. 1997;24:1–17. Modell B. The ethics of prenatal diagnosis and genetic counseling. World Health Forum. 1990;11:179–186. Pelias MZ. Duty to disclose in medical genetics: a legal perspective. Am J Med Genet. 1991;39:347–354. Pembrey ME. In the light of preimplantation genetic diagnosis: some ethical issues in medical genetics revisited. Eur J Hum Genet. 1998;6:4–11. Pueschel SM. Ethical considerations relating to prenatal diagnosis of fetuses with Down syndrome. Ment Retard. 1991;29:185–190. Reilly P. Physician responsibility in conducting genetic testing. J Natl Cancer Inst Monogr. 1995;17:59–61. Report of a WHO Scientific Group. Control of hereditary diseases. World Health Organ Tech Rep Ser. 1996;865:1–84. Rhodes R. Genetic links, family ties, and social bonds: rights and responsibilities in the face of genetic knowledge. J Med Philos. 1998;23:10–30. Roberts SF. Prenatal diagnosis: chances, choices. J Fla Med Assoc. 1997;84:374– 378. Schaap T. Confidentiality in counseling for X-linked conditions. Clin Genet. 602
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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
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5. There is an overriding national
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a) Notice of a Right to a Hearing T
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equest, to the physician or practit
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subchapter. Information about malpr
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the standards set forth in the Act,
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2. The Problem of Bias Until recent
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from general disclosure, but it sho
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do cost-cutting that the physicians
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Med. 1997;18:521-538. Maguire D. Te
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Introduction All medical care pract
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we are due for another worldwide ep
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include nurses, dentists, veterinar
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marital disharmony. In the classic
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criticisms of the cost of contact t
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diseases such as the Marburg or Ebo
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organized, powerful political lobby
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homosexual activists and the religi
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eligion or conscience. Thus, he can
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high, amounting to several dollars
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1. Birth Certificates Normally the
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caused or contributed to by infecti
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D. Law Enforcement Reporting Every
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campus police. The campus police de
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the law enforcement authorities are
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when they are acting as officers of
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eporting practices. J Emerg Med. 19
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Starr P, Starr S. Reinventing vital
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October;51:132]. J Am Med Womens As
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laws governing air and water pollut
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the widespread occurrence of tooth
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within the power of the judiciary t
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
Page 519 and 520:
patients about high-risk behavior a
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arrier method that is only 70% effe
Page 523 and 524:
injectable contraceptive that lasts
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that HIV is less of a threat than a
Page 527 and 528:
for procedures affecting reproducti
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funded services to coerce a person
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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
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consistent with public health and s
Page 545 and 546:
constitutional protections or feder
Page 547 and 548:
information in violation of confide
Page 549 and 550:
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.
Page 555 and 556: 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
Page 563 and 564: condition. This conflict can take t
Page 565 and 566: 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
Page 573 and 574: 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: Marshall BM. Ethical issues in assi
Page 605 and 606: 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
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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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