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Thompson DL, Thomas KR, Fernandez MS. The Americans with Disabilities Act: social policy and worldwide implications for practice. Int J Rehabil Res. 1994;17:109–121. Weiss L. Compliance by physical medicine and rehabilitation residency applications with the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Rehabilitation Act of 1973: a commentary. Am J Phys Med Rehabil. 1997;76:433– 434. 3. General Occupational Medicine Adams RM. The dermatologist and workers’ compensation: theory and practice. Dermatol Clin. 1994;12:583–589. Bellamy R. Compensation neurosis: financial reward for illness as nocebo. Clin Orthop. 1997:94–106. Boden LI. Workers’ compensation in the United States: high costs, low benefits. Annu Rev Public Health. 1995;16: 189–218. Bondi D. Spotting red flags in workers’ compensation cases. Natl Med Leg J. 1997;8:6. Boynton B. Independent medical examinations: analyzing IME reports for workers compensation cases. Natl Med Leg J. 1996;7:1, 6–7. Brooks A, Ward FG. Assessment of disability under the Social Security Industrial Injuries Benefit Scheme. Occup Med (Oxf). 1997;47:112–116. Brooks A. Occupational disease and injury and state compensation. J R Soc Health. 1997;117:123–126. Calfee BE. Workers’ compensation litigation review, part I. AAOHN J. 1997;45:609–611. Calfee BE. Workers’ compensation litigation review, part II. AAOHN J. 1998;46:45– 46. Cameron SJ. Workers’ compensation—what role the doctor? Med J Aust. 1996;164:26–27. Carey TS. Chronic back pain: behavioral interventions and outcomes in a changing healthcare environment. Behav Med. 1994;20:113–117. Carr JD. Workers’ compensation systems: purpose and mandate. Occup Med. 1998;13:417–422. Chibnall JT, Tait RC. The Pain Disability Index: factor structure and normative data. Arch Phys Med Rehabil. 1994;75: 1082–1086. Choi BC. Recording, notification, compilation, and classification of statistics of 671
occupational accidents and diseases: the Thai experience. J Occup Environ Med. 1996;38: 1151–1160. Dembe AE, Himmelstein JS, Stevens BA, Beachler MP. Improving workers’ compensation medical care. Health Aff (Millwood). 1997;16:253–257. Engelberg AL. Disability and workers’ compensation. Prim Care. 1994;21:275–289. Evans W. Occupational asthma—a lawyer’s view. J R Soc Health. 1996;116:229– 230. Feinberg JS, Kelley CR. Pregnant workers: a physician’s guide to assessing safe employment. West J Med. 1998; 168:86–92. Fisher EL, Fuortes LJ, Field RW. Occupational exposure of water-plant operators to high concentrations of radon-222 gas. J Occup Environ Med. 1996;38:759–764. Fox DD, Gerson A, Lees-Haley PR. Interrelationship of MMPI-2 validity scales in personal injury claims. J Clin Psychol. 1995;51:42–47. Gaw DW, Emerson T. Use and misuse of the AMA guides in assessing impairment. J Tenn Med Assoc. 1996;89:77–78. Gots RE. Multiple chemical sensitivities—public policy. J Toxicol Clin Toxicol. 1995;33:111–113. Groves FB, Gallagher LA. What the hand surgeon should know about workers’ compensation. Hand Clin. 1993;9:369–372. Harte D, Smith DA. Workers’ compensation appeals systems in Canada and the United States. Occup Med. 1998;13: 423–427. Hartman DE. Missed diagnoses and misdiagnoses of environmental toxicant exposure: the psychiatry of toxic exposure and multiple chemical sensitivity. Psychiatr Clin North Am. 1998;21:659–670, vii. Hoyt K. Workers’ compensation for illness and injury. J Emerg Nurs. 1997;23:164. Hughson WG. Work related disabilities. Med Sect Proc. 1994:53–65. Jarvis KB, Phillips RB, Danielson C. Managed care preapproval and its effect on the cost of Utah worker compensation claims. J Manipulative Physiol Ther. 1997;20:372–376. Johnson WG, Baldwin ML, Burton JF Jr. Why is the treatment of work- related injuries so costly? New evidence from California. Inquiry. 1996;33:53–65. Kasdan ML, Vender MI, Lewis K, Stallings SP, Melhorn JM. Carpal tunnel syndrome: effects of litigation on utilization of medical care and physician workload. J Ky Med Assoc. 1996;94:287–290. Katz RT, Rondinelli RD. Impairment and disability rating in low back pain. Occup 672
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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
Page 481 and 482:
1. Birth Certificates Normally the
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caused or contributed to by infecti
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D. Law Enforcement Reporting Every
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campus police. The campus police de
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the law enforcement authorities are
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when they are acting as officers of
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eporting practices. J Emerg Med. 19
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Starr P, Starr S. Reinventing vital
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October;51:132]. J Am Med Womens As
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laws governing air and water pollut
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the widespread occurrence of tooth
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within the power of the judiciary t
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[specify fluoridation measure at is
Page 507 and 508:
Still other arguments center on all
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(Wash. 1955); Rogowski v. City of D
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adverse effects would occur was arb
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Kaul v. City of Chehalis, 277 P.2d
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Introduction There are special cons
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Under no circumstances should medic
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patients about high-risk behavior a
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arrier method that is only 70% effe
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
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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
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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
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
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1. Adoption 2. Family Planning and
Page 559 and 560:
Soderberg H, Andersson C, Janzon L,
Page 561 and 562:
Hum Reprod. 1992;7:1029-1033. Snowd
Page 563 and 564:
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
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 and 602:
Marshall BM. Ethical issues in assi
Page 603 and 604:
1995;115:39-43. Greely HT. Genetic
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
Page 665 and 666: this includes all types of medical
Page 667 and 668: clinics or home health visits. An i
Page 669 and 670: Purtilo RB. Ethical issues in the h
Page 671: Disabilities Act: a decision analys
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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