Amazon no longer offers textbook rentals. We do!

Medical Law and Ethics

by: Fremgen, Bonnie F.

Medical Law and Ethics

by: Fremgen, Bonnie F.

ISBN 13:
9780835951388
ISBN 10:
0835951383
Edition: 1st
Format: Paperback
Copyright: 01/01/2002
Publisher: Prentice Hall
Newer Edition

Rent

Sorry, this item is currently unavailable.

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Extend or Purchase Your Rental at Any Time

Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.

Summary

"Medical Law and Ethics 2nd Edition provides essential legal and ethical principles for anyone pursuing a healthcare career. It provides a foundation of all the essentials including the legal system, the patient/physician relationship, professional liability and medical malpractice prevention, public duties of the physician, the medical record, confidentiality, bioethical issues, and HIPAA."--BOOK JACKET.

Preface

Acknowledgments

xiii

About the Author

Introduction to Medical Law, Ethics, and Bioethics

(14)

Why Study Law, Ethics, and Bioethics?

(2)

Medical Law

(1)

Ethics

(5)

Utilitarianism

(1)

Rights-Based Ethics

(1)

Duty-Based Ethics

(1)

Virtue-Based Ethics

(1)

Interpersonal Ethics

(2)

Three-Step Ethics Model

(1)

What Ethics Is Not

(1)

Bioethics

(5)

PART I THE LEGAL ENVIRONMENT

(42)

The Legal System

(26)

The Legal System

(2)

Sources of Law

(3)

Constitutional Law

(1)

Statutory and Regulatory Law

(1)

Common Law

(1)

Classification of Laws

(8)

Civil (Private) Law

(3)

Contract Law

(3)

Public Law: Criminal Law

(2)

The Court System

(1)

Types of Courts

(1)

The Trial Process

(10)

The Procedure

(2)

Subpoena

(2)

Expert Witness

(1)

Testifying in Court

(5)

Importance of the Legal System for the Physician

(14)

Medical Practice Acts

(1)

Licensure of the Physician

(2)

Examination

(1)

Endorsement

(1)

Reciprocity

(1)

Registration

(1)

Revocation and Suspension of Licensure

(1)

Licensure and Certification of Allied Health Professionals

(1)

Practicing Medicine without a License

(1)

Standard of Care

(1)

Confidentiality

(1)

Statute of Limitations

(1)

Good Samaritan Laws

(1)

Respondeat Superior

(8)

Employee's Duty to Carry Out Orders

(1)

Employer's Duty to Employees

(6)

PART II THE HEALTH CARE ENVIRONMENT

(114)

Medical Practice and Allied Health Professionals

(16)

Today's Health Care Environment

(1)

Types of Medical Practice

(3)

Solo Practice

(1)

Partnership

(1)

Associate Practice

(1)

Group Practice

(1)

Professional Corporation

(1)

Medical Specialty Boards

(3)

American College of Surgeons

(1)

American College of Physicians

(1)

Allied Health Professionals

(8)

Registered Nurse

(1)

Nurse Practitioner

(1)

Licensed Practical Nurse

(1)

Pharmacist

(1)

Physician's Assistant

(1)

Certified Medical Assistant and Registered Medical Assistant

(1)

Certified Medical Transcriptionist

(1)

Laboratory Technician

(1)

Laboratory Technologist

(6)

The Physician-Patient Relationship

(16)

The Physician-Patient Relationship

(1)

Physician Rights

(1)

The Physician's Responsibilities

(1)

Professional Practice Responsibilities

(1)

The Patient's Rights

(5)

Confidentiality

(1)

Patient Self-Determination Acts

(2)

Rights of Minors

(1)

The Patient's Responsibilities

(9)

Consent

(9)

Professional Liability and Medical Malpractice

(20)

Professional Negligence and Medical Malpractice

(1)

The Tort of Negligence

(4)

The Four Ds of Negligence

(4)

Defense to Malpractice Suits

(2)

Denial Defense

(1)

Assumption of Risk

(1)

Contributory Negligence

(1)

Comparative Negligence

(1)

Borrowed Servant

(1)

Ignorance of Facts and Unintentional Wrongs

(1)

Statute of Limitations

(1)

Res Judicata

(1)

Professional Liability

(3)

Civil Liability Cases

(1)

Physical Conditions of the Premises

100

(1)

Promise to Cure

100

(1)

Law of Agency

100

(1)

Who Is Liable?

100

(1)

Liability Insurance

101

(1)

Malpractice Insurance

101

(1)

Arbitration

102

(1)

Liability of Other Health Professionals

102

(2)

Dental Assistant

102

(1)

Laboratory Technician

102

(1)

Nurse

103

(1)

Nursing Assistant

103

(1)

Paramedic

103

(1)

Pharmacist

103

(1)

Physical Therapist

104

(1)

Respiratory Assistant

104

(1)

Malpractice Prevention

104

(7)

General Guidelines

104

(1)

Safety

105

(1)

Communication

105

(1)

Documentation

106

(5)

Public Duties of the Physician

111

(18)

Public Health Records and Vital Statistics

112

(7)

Births

113

(1)

Deaths

113

(2)

Communicable Diseases

115

(1)

Child Abuse

116

(1)

Elder Abuse

117

(1)

Spousal Abuse

117

(1)

Signs of Abuse

118

(1)

Substance Abuse

118

(1)

Gathering Evidence in Cases of Abuse

118

(1)

Other Reportable Conditions

119

(1)

Controlled Substances Act and Regulations

119

(1)

Prescriptions of Controlled Drugs

120

(1)

Good Samaritan Laws

120

(2)

Protection of the Employee and the Environment

122

(7)

Medical Waste

122

(7)

Federal Regulations Affecting the Medical Professional

129

(24)

Equal Employment Opportunity and Employment Discrimination

130

(5)

Employment-at-Will Concept

130

(1)

Title VII of the Civil Rights Act of 1964

131

(1)

Equal Employment Opportunity Act (EEOA) of 1972

132

(1)

Pregnancy Discrimination Act of 1978

132

(1)

Civil Rights Act of 1991

133

(1)

Age Discrimination in Employment Act of 1967

133

(1)

Rehabilitation Act of 1973

134

(1)

Americans with Disabilities Act (ADA) of 1990

134

(1)

Employee Health and Safety

135

(2)

Occupational Safety and Health Act (OSHA) of 1970

135

(1)

Health Maintenance Organization (HMO) Act of 1973

136

(1)

Comprehensive Omnibus Budget Reconciliation Act (COBRA) of 1985

136

(1)

Drug-Free Workplace Act of 1988

136

(1)

Compensation and Benefits Regulations

137

(3)

Fair Labor Standards Act (FLSA) of 1938

137

(1)

Unemployment Compensation

137

(1)

Equal Pay Act of 1963

138

(1)

Federal Insurance Contribution Act (FICA) of 1935

138

(1)

Workers' Compensation Act

139

(1)

Employee Retirement Income Security Act (ERISA) of 1974

139

(1)

Family and Medical Leave Act (FMLA) of 1994

140

(1)

Consumer Protection and Collection Practices

140

(3)

Fair Credit Reporting Act of 1971

140

(1)

Equal Credit Opportunity Act of 1975

140

(1)

Truth in Lending Act (Regulation Z) of 1969

141

(1)

Fair Debt Collection Practices Act of 1978

141

(1)

Using a Collection Agency

141

(1)

Bankruptcy

141

(2)

Federal Wage Garnishment Law of 1970

143

(1)

Claims against Estates

143

(1)

The Statute of Limitations

143

(1)

Antitrust Laws

143

(1)

The Sherman Antitrust Act

144

(1)

The Clayton Act

144

(1)

The Federal Trade Commission (FTC) Act

144

(1)

Federal Labor Acts

144

(9)

The National Labor Relations Act (NLRA) of 1935

144

(1)

Labor Management Relations Act (LMRA)

145

(1)

Labor Rights

145

(1)

Elections

145

(1)

Effective Hiring Practices

145

(2)

Legal and Illegal Interview Questions

147

(6)

The Medical Record

153

(18)

The Medical Record

154

(1)

Purpose of the Medical Record

154

(1)

Contents of the Medical Record

154

(6)

Problem-Oriented Medical Record (POMR)

156

(1)

SOAP Charting

157

(2)

Corrections and Alterations

159

(1)

Timelines of Documentation

159

(1)

Completeness of Entries

159

(1)

Confidentiality

160

(1)

Ownership

161

(1)

Release of Information

161

(1)

Privacy Act of 1974

161

(1)

State Open Record Laws

161

(1)

Alcohol and Drug Abuse Patient Records

162

(1)

Retention and Storage of Medical Records

162

(2)

Storage

163

(1)

Computerized Medical Records

164

(1)

Reporting and Disclosure Requirements

164

(1)

Duty to Report AIDS, HIV, and ARC Cases

164

(1)

Use of the Medical Record in Court

165

(6)

Improper Disclosure

165

(1)

Subpoena Duces Tecum

165

(6)

PART III MEDICAL ETHICS

171

(98)

Ethic and Bioethic Issues in Medicine

173

(16)

Early History

174

(1)

Ethical Standards and Behavior

175

(1)

Codes of Ethics

175

(5)

American Medical Association (AMA) Principles of Medical Ethics

176

(1)

Judicial Council Opinions of the AMA

176

(1)

Code of Ethics of the American Association of Medical Assistants (AAMA)

176

(3)

Nurses' Code of Ethics

179

(1)

Bioethical Issues

180

(1)

Ethical Issues and Personal Choice

180

(1)

The Ethics of Biomedical Research

181

(2)

Ethics of the Biomedical Researcher

181

(1)

Consent

182

(1)

Conflicts of Interest

182

(1)

Ethics of Randomized Test Trials

182

(1)

Problems with the Double-Blind Test

183

(1)

Model for Examining Ethical Dilemmas

183

(1)

Medical Etiquette

184

(5)

Ethical Issues Relating to Life

189

(22)

Fetal Development

190

(1)

When Does Life Begin?

190

(1)

Assisted or Artificial Conception

191

(4)

Artificial Insemination

191

(1)

In-Vitro Fertilization

192

(1)

Surrogate Motherhood

193

(1)

Fertility Drugs

194

(1)

Contraception

195

(1)

Sterilization

195

(3)

Voluntary Sterilization

195

(3)

Abortion

198

(4)

Roe v. Wade

199

(1)

Historical Progression of Cases Affecting Abortion

200

(1)

Incompetent Persons and Abortion

201

(1)

Employee's Right to Refuse to Participate in Abortions

201

(1)

Funding for Abortion

202

(1)

Ethical Issues Surrounding Abortion

202

(1)

Conscience Clauses

202

(1)

Genetic Counseling and Testing

203

(3)

Genetic Counseling

203

(1)

Prenatal Testing

204

(1)

Genetic Testing of Newborns

205

(1)

Wrongful Life Suits

206

(5)

Wrongful Life

206

(1)

Wrongful Conception/Wrongful Pregnancy

206

(5)

Death and Dying

211

(20)

The Dying Process

212

(1)

Legal Definition of Death

212

(9)

Karen Ann Quinlan Case

212

(1)

Criteria for Death

213

(1)

Cardiac Death

213

(1)

Brain-Oriented Death

214

(1)

Uniform Determination of Death Act

215

(1)

Withdrawing versus Withholding Treatment

216

(1)

Active Euthanasia versus Passive Euthanasia

216

(2)

The Nancy Cruzan Case

218

(1)

Direct versus Indirect Killing

218

(1)

Ordinary versus Extraordinary Means

219

(1)

Right to Die Legislation or Right to Refuse Treatment

220

(1)

Stages of Dying

221

(1)

Advance Directives

221

(3)

Choices in Life and Death

224

(1)

Suicide

224

(1)

Death Certificate

225

(1)

Medical Examiner Cases

225

(1)

Ethics Committees

226

(5)

Allocation of Resources

231

(38)

The Health Care Dilemma

232

(1)

Health Care Costs and Payments

233

(2)

The Allocation of Resources

233

(1)

Medicare

234

(1)

Medicaid

234

(1)

Diagnostic Related Groups (DRGs)

235

(1)

Ethics and Managed Care

235

(3)

Ethical Considerations of Managed Care

236

(1)

The Ethics of Preferred Provider Organizations

236

(1)

The Ethics of Fee Splitting

237

(1)

Cost Containment Dilemma

237

(1)

Distribution of Health Care

238

(7)

Limited Access to Health Care

238

(1)

Macroallocation and Microallocation of Health Care

238

(1)

Principles of Justice and Health Care

239

(1)

Rescher's Theory of Social Worth

240

(1)

Childress' Lottery Method

241

(1)

The Ethics of Transplant Rationing

241

(2)

Duty to Treat Indigent Patients

243

(1)

Duty to Treat AIDS Patients

243

(2)

Quality-of-Life Issues

245

(1)

Ethical Concerns with Information Technology (Informatics)

245

(8)

Appendices

A. Codes of Ethics

253

(12)

Hippocratic Oath

253

(1)

Declaration of Geneva

254

(1)

Declaration of Helsinki

254

(3)

The Nuremberg Code

257

(2)

Code for Nurses: Ethical Concepts Applied to Nursing (International Council of Nurses)

259

(1)

Allied Health Codes of Ethics

260

(1)

Code of Ethics for the Profession of Dietetics

260

(1)

Code of Ethics of the American Health Information Management Association

261

(1)

Code of Ethics of the American Society for Medical Technology

262

(1)

Code of Ethics for Radiation Therapists

263

(2)

B. Health Care Regulatory Credentialing Agencies

265

(2)

C. Medical Web Sites

267

(2)

Index

269

Amazon no longer offers textbook rentals. We do!

Medical Law and Ethics

Medical Law and Ethics

9780835951388

0835951383

Summary

Table of Contents

Supplemental Materials

Excerpts

Write a Review

Amazon no longer offers textbook rentals. We do!

Medical Law and Ethics

Medical Law and Ethics

9780835951388

0835951383

Summary

Table of Contents

Supplemental Materials

Excerpts

Write a Review

Related Products