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improved program evaluations. Am J Public Health. 1994;84:1901–1906. Vessey JA. School services for children with chronic conditions. Pediatr Nurs. 1997;23:507–510. Wolk LI. School-based health centers. Colo Med. 1994;91:321–322. Yates SR. The school nurse’s role: early intervention with preschool children. J Sch Nurs. 1992;8:30–36. 2. Teams Albrecht RR, Anderson WA, McGrew CA, McKeag DB, Hough DO. NCAA institutionally based drug testing: do our athletes know the rules of this game? Med Sci Sports Exerc. 1992;24:242–246. Albrecht RR, Anderson WA, McKeag DB. Drug testing of college athletes: the issues. Sports Med. 1992;14:349–352. American Medical Society for Sports Medicine (AMSSM) and the American Academy of Sports Medicine (AASM). Human immunodeficiency virus (HIV) and other bloodborne pathogens in sports. Joint position statement. Am J Sports Med. 1995;23:510–514. Boudreau F, Konzak B. Ben Johnson and the use of steroids in sport: sociological and ethical considerations. Can J Sport Sci. 1991;16:88–98. Brodie DA, Stopani K. Experimental ethics in sports medicine research. Sports Med. 1990;9:143–150. Christophersen AS, Morland J. Drug analysis for control purposes in forensic toxicology, workplace testing, sports medicine and related areas. Pharmacol Toxicol. 1994;74:202–210. Classe JG. Legal aspects of sports vision. Optom Clin. 1993;3:27–32. Ghosh A. Sports medicine is dead: long live sports medicine! J Indian Med Assoc. 1991;89:29–30. Levine BD, Stray-Gundersen J. The medical care of competitive athletes: the role of the physician and individual assumption of risk. Med Sci Sports Exerc. 1994;26:1190– 1192. Maron BJ, Brown RW, McGrew CA, Mitten MJ, Caplan AL, Hutter AM Jr. Ethical, legal and practical considerations affecting medical decision-making in competitive athletes. J Am Coll Cardiol. 1994;24:854–860. McConnell AA, Mackay GM. Consent in medicine and sport. J R Coll Surg Edinb. 1995;40. McConnell AA, MacKay MG. Medical confidentiality in sport and the public interest. 693
Med Sci Law. 1995;35:45–47. Mitten MJ, Mitten RJ. Legal considerations in treating the injured athlete. J Orthop Sports Phys Ther. 1995;21:38–43. Patterson PH, Dyment PG. Being a team physician. Pediatr Ann. 1997;26:13–16, 18. Pipe AL. J. B. Wolffe Memorial Lecture. Sport, science, and society: ethics in sports medicine. Med Sci Sports Exerc. 1993;25:888–900. Pollack BR. Legal considerations in sports dentistry. Dent Clin North Am. 1991;35:809–829. Polsky S. Winning medicine: professional sports team doctors’ conflicts of interest. J Contemp Health Law Policy. 1998;14:503–529. Pope HG Jr, Katz DL. Homicide and near-homicide by anabolic steroid users. J Clin Psychiatry. 1990;51:28–31. Press JM, Akau CK, Bowyer BL. Sports medicine, 5: the physiatrist as team physician. Arch Phys Med Rehabil. 1993;74:S447–S449. Randolph C. The free running athletic screening test. Ann Allergy Asthma Immunol. 1998;81:275a–275g. Silberstein CE. The professional sports team physician. Md Med J. 1996;45:683– 685. Sim J. Sports medicine: some ethical issues. Br J Sports Med. 1993;27:95–100. Spillane DM. Dentists, mouthguards, and the law. J Mass Dent Soc. 1994;43:21–24, 65. 3. Prisons Aiyebusi A. Forensic nursing. Nurs Times. 1998;94:51. Albrecht LJ. Cell block doc: medical practice inside the walls of the Texas prison system. Tex Med. 1993;89:38–44. American Society of Health-System Pharmacists. ASHP guidelines on pharmaceutical services in correctional facilities. Am J Health Syst Pharm. 1995;52:1810–1813. Blank S, McDonnell DD, Rubin SR, et al. New approaches to syphilis control: finding opportunities for syphilis treatment and congenital syphilis prevention in a women’s correctional setting. Sex Transm Dis. 1997;24:218–226. Case P, Meehan T, Jones TS. Arrests and incarceration of injection drug users for syringe possession in Massachusetts: implications for HIV prevention. J Acquir Immune Defic Syndr Hum Retrovirol. 1998;18:S71–S75. 694
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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
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[specify fluoridation measure at is
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Still other arguments center on all
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(Wash. 1955); Rogowski v. City of D
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adverse effects would occur was arb
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Kaul v. City of Chehalis, 277 P.2d
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Introduction There are special cons
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Under no circumstances should medic
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patients about high-risk behavior a
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arrier method that is only 70% effe
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injectable contraceptive that lasts
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that HIV is less of a threat than a
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for procedures affecting reproducti
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funded services to coerce a person
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The person who obtains the consent;
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The recognition of personal privacy
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medically necessary: On their face,
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Although abortion is still a surgic
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The presumption of legitimacy was a
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Unfitness is also narrowly defined
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consistent with public health and s
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constitutional protections or feder
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information in violation of confide
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Mary Sue’s ova were successfully
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But the rule does not contemplate t
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as not to violate this prohibition.
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committed before she knows the stre
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1. Adoption 2. Family Planning and
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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
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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
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problems before they cause accident
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Beyond a structured prenatal care s
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patient’s decisions. The patient
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covered in signs that ask women if
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decisions not to use medical interv
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lifesaving care. Many physicians ig
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profound differences in the underly
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midwife’s skills and judgment, as
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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
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XIX. Occupational Medicine and Disa
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and balances inherent in having gen
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putative illness, requesting an exc
Page 615 and 616:
compensation system. The company ma
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In some circumstances, the union ma
Page 619 and 620:
ethical obligations concerning the
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Records concerning voluntary employ
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employee’s health status.” In t
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films shall be preserved in their o
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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
Page 643 and 644: is to ensure that patients have eno
Page 645 and 646: problems. The Court also reiterated
Page 647 and 648: the medical problems have affected
Page 649 and 650: normal eyes and kidneys and no peri
Page 651 and 652: not constitute a disability. The pa
Page 653 and 654: workplace, their legal status is no
Page 655 and 656: hepatitis A, the onset of the disea
Page 657 and 658: (2) The nature and severity of the
Page 659 and 660: Many diseases are spread by insects
Page 661 and 662: eporting duties that apply to the c
Page 663 and 664: 9. Bloodborne Pathogens All workpla
Page 665 and 666: this includes all types of medical
Page 667 and 668: clinics or home health visits. An i
Page 669 and 670: Purtilo RB. Ethical issues in the h
Page 671 and 672: Disabilities Act: a decision analys
Page 673 and 674: occupational accidents and diseases
Page 675 and 676: 1998;13:241-272. Pollack R. Update
Page 677 and 678: legislation, set minimum standards
Page 679 and 680: hearing seems to be rooted in the l
Page 681 and 682: ates among drug addicts. Beyond the
Page 683 and 684: Team physicians’ duties are to th
Page 685 and 686: first aid and training programs are
Page 687 and 688: equired by the school is not accept
Page 689 and 690: interfere with getting the child pr
Page 691 and 692: 4. Handicapped Children Handicapped
Page 693: 1996;35:237-242. Cheng TL, Savageau
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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