Regarded as the citable treatise in the field, the 7th Edition of Legal Medicine explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. Edited by the American College of Legal Medicine Textbook Committee, it features comprehensive discussions on a myriad of legal issues that health care professionals face every day. Substantially revised and expanded and written in a plain manner, this New Edition includes 20 brand-new chapters that address the hottest topics in the field today. Will also serve as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM). Includes need-to-know information on telemedicine and electronic mail · medical and scientific expert testimony · medical records and disclosure about patients · and liability exposure facing managed care organizations. Addresses the legal aspects of almost every medical topic that impacts health care professionals. Uses actual case studies to illustrate nuances in the law. Discusses current trends in the peer review process · physician-assisted suicide · and managed care organizations. Offers the expert guidance of top professionals across medical and legal fields in an easy to read format. Includes a glossary of medical terms. Features many brand-new chapters, including Patient Safety · Medication Errors · Disclosure of Adverse Outcome and Apologizing to Injured Patient · Liability of Pharmacists · No-Fault Liability· Legal Aspects of Bioterrorism · and Forensic Psychiatry.

lgli/K:\_add\!woodhead\!\!!!\2007 ACLM - Legal Medicine[7thED]_Rsyl.pdf

lgrsnf/K:\_add\!woodhead\!\!!!\2007 ACLM - Legal Medicine[7thED]_Rsyl.pdf

nexusstc/Legal Medicine, 7e/25cbc64d366429fe118e3f011c184323.pdf

zlib/Medicine/ACLM/Legal Medicine, 7e_2629705.pdf

Legal Medicine (Legal Medicine (American College of Legal Medicine))

Legal Medicine E-Book

Shafeek S Sanbar; American College of Legal Medicine.; et al

Elsevier Health Sciences

Elsevier - Health Sciences Division

Mosby; Mosby/Elsevier

Mosby, Incorporated

Elsevier Inc., Health Sciences Division, Philadelphia, 2007

United States, United States of America

7th ed, Philadelphia, PA, c2007

7 edition, April 19, 2007

7th ed, London, 2007

PT, 2007

lg1419628

producers:
Acrobat Distiller 8.0.0 (Windows)

{"edition":"7","isbns":["0323037534","0323076076","9780323037532","9780323076074"],"last_page":765,"publisher":"Mosby;Elsevier Health Sciences"}

Includes bibliographical references and indexes.

Includes bibliographical references and indexes.
Brandon Hill
Doody Core Title

Front Cover 1
Legal Medicine: American College of Legal Medicine Texbook Committee 4
Copyright Page 5
Contents 6
Contributors 10
Preface 16
Chapter 1. Introduction: Legal Medicine 18
HISTORY OF LEGAL MEDICINE 18
LEGAL MEDICINE IN AMERICA 18
HEALTH LAW IN LAW SCHOOLS 20
DUAL MD/JD DEGREES 21
MEDICAL ETHICS AND LEGAL MEDICINE IN MEDICAL SCHOOLS 21
POSTGRADUATE LEGAL MEDICINE EDUCATION 22
CONCLUSION 22
Part I: Medical Licensure, Credentialing and Privileging, Profiling, and Impairment 24
Chapter 2. Medical Practice: Education and Licensure 24
THE "RIGHT" TO BE A PHYSICIAN 24
MEDICAL SCHOOL ADMISSION CRITERIA 24
MEDICAL SCHOOL RETENTION AND GRADUATION 25
MEDICAL LICENSURE 27
CONCLUSION 32
Chapter 3. Medical Staff Peer Review in the Credentialing and Privileging of Physicians 34
MEDICAL STAFF PEER REVIEW 34
CREDENTIALING 34
PRIVILEGING 35
PROCTORING 35
DUE PROCESS 35
PHYSICIAN RIGHTS UNDER MANAGED CARE 35
APPLICATION OF DUE PROCESS PRINCIPLES 36
CONFIDENTIALITY AND PEER REVIEW PRIVILEGE 37
PEER REVIEW CORRECTIVE ACTION: AN UNFAIR PROCESS? 37
Chapter 4. Physician Profile Databases 40
GROUPING OF DATABASES 40
CATEGORIES OF INFORMATION 41
CONSUMER-ACCESSED DATABASES 42
PUBLISHING MALPRACTICE INFORMATION 43
RELIABILITY OF MALPRACTICE INFORMATION 44
EMERGING TYPES OF INFORMATION 44
UNINTENDED CONSEQUENCES 45
Chapter 5. Health Care Professional Impairment 48
ADDICTIVE DISORDERS ARE CHRONIC MEDICAL ILLNESSES 48
DIAGNOSIS AND TREATMENT OF ADDICTIVE DISORDERS 48
PATIENT MEDICAL RECORDS ARE PROTECTED 48
ADDICTION AS A DISABLING ILLNESS 49
POLICY PROVISIONS: INDIVIDUAL DISABILITY INCOME POLICIES 49
POLICY PROVISIONS: GROUP POLICIES (LONG-TERM DISABILITY) 49
LEGAL ISSUES/DEFENSES 50
CONCLUSION 50
Part II: Business Aspects of Medical Practice 52
Chapter 6. Health Care Provider Contracts 52
MANAGED HEALTH CARE GOALS: EFFECT ON CONTRACTING HEALTH CARE PROVIDERS 52
CONTRACTING AND REIMBURSEMENT: HEALTH CARE PROVIDER CONTRACTS 53
CONTRACT ANALYSIS 54
CONCLUSION 56
Chapter 7. Agency 60
THE LAW OF AGENCY 60
PARTIES AND THE RELATIONSHIP 60
RIGHTS AND DUTIES BETWEEN PRINCIPAL AND AGENT 61
LIABILITIES OF PARTIES BASED IN TORT 63
Chapter 8. Antitrust 66
HISTORY AND INTRODUCTION 66
CONDUCT VIOLATIONS 67
ENFORCEMENT 75
DEFENSES 75
ROBINSON-PATMAN ACT 77
RECENT DEVELOPMENTS IN ANTITRUST AND HEALTH CARE REFORM 77
Chapter 9. Complementary and Alternative Medicine 84
INTRODUCTION: RECOGNITION OF COMPLEMENTARY AND ALTERNATIVE MEDICINE (CAM) BY THE BIOMEDICAL COMMUNITY 84
DISCIPLINARY PROCEDURES 84
PARTICULAR CAM PRACTICES 85
UNPROFESSIONAL CONDUCT STANDARD 85
MEDICAL FREEDOM ACTS 86
MEDICAL MALPRACTICE 86
MALPRACTICE LIABILITY MANAGEMENT STRATEGY 88
MALPRACTICE LIABILITY FOR CAM REFERRAL 88
CONCLUSION 88
Chapter 10. Practice Organizations and Joint Ventures 92
PRACTICE ORGANIZATIONS AMONG PHYSICIANS 92
MANAGED HEALTH CARE 95
JOINT VENTURES 97
ANTITRUST CONSIDERATIONS 100
REGULATORY AND RELATED CONSIDERATIONS 101
CONCLUSION 103
Chapter 11. Coproviders and Institutional Practice 106
COPROVIDERS 106
INSTITUTIONAL PRACTICE 111
Chapter 12. Physician as an Employer 132
HAZARD COMMUNICATION STANDARD 132
AMERICANS WITH DISABILITIES ACT 133
BLOOD-BORNE PATHOGENS STANDARD 134
CLINICAL LABORATORY IMPROVEMENT AMENDMENTS 135
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 137
Chapter 13. Health Professionals and the Regulated Industry: The Laws and Regulations Enforced by the U.S. Food and Drug Administration 140
HISTORICAL PERSPECTIVE 140
GENERAL CONSIDERATIONS FOR REGULATED PRODUCTS 145
DRUGS FOR HUMAN USE 147
BIOLOGICS 151
FOODS 152
COSMETICS 154
ANIMAL PRODUCTS 154
MEDICAL DEVICES 155
REPORTING PROBLEMS: ADVERSE EVENTS AND PRODUCT QUALITY ISSUES 156
FDA’s ROLE IN THE "PRACTICE OF MEDICINE" 156
Chapter 14. Health Insurance and Professional Liability Insurance 160
HEALTH INSURANCE 160
UNIVERSAL HEALTH CARE 160
MEDICAL MALPRACTICE INSURANCE 161
FORMATION OF THE INSURANCE CONTRACT 162
INTERPRETATION OF INSURANCE CONTRACTS 162
FRAUD 164
INSURANCE REGULATION 164
NATIONAL PRACTITIONER DATA BANK 165
INSURANCE ACCOUNTING 166
Chapter 15. Patents, Intellectual Property, and Licenses 168
PATENTS 168
OTHER FORMS OF INTELLECTUAL PROPERTY 171
OWNERSHIP AND LICENSING 172
Chapter 16. Federal Health Information Privacy Requirements 176
FEDERAL HEALTH INFORMATION PRIVACY REGULATIONS 176
STATE HEALTH INFORMATION PRIVACY LAWS 179
CONCLUSION 179
Part III: Medicolegal and Ethical Encounters 182
Chapter 17. Ethics and Bioethics 182
TRUTH TELLING 183
PRINCIPLES OF BIOMEDICAL ETHICS 184
AUTONOMY 184
BENEFICENCE (AND ITS COUNTERPART, NONMALFEASANCE) 188
JUSTICE 188
Chapter 18. Research and Experimentation 192
HISTORICAL BACKGROUND 192
BENEFIT VERSUS RISK RULE 197
CRIMINAL AND CIVIL LIABILITY 198
INNOVATIVE THERAPY 200
RADIATION EXPERIMENTS 201
QUESTIONABLE HUMAN RESEARCH AND EXPERIMENTATION PRACTICES 202
CONCLUSION 204
APPENDIX 18-1: THE NUREMBERG CODE 207
APPENDIX 18-2: THE DECLARATION OF HELSINKI 207
Chapter 19. The Human Genome Project 210
HISTORY OF GENETICS 210
HISTORY OF THE HUMAN GENOME PROJECT 211
THE NEW GENETICS AND THE SHADOW OF EUGENICS 212
GENETIC REDUCTIONISM/DETERMINISM 212
GENETIC ENHANCEMENT 213
ACCESS TO GENETIC SERVICES 213
GENETICS AND PRIVACY: INSURANCE AND EMPLOYMENT 214
CONCLUSION 215
Chapter 20. Legal Interests of the Fetal Patient 218
KEY QUESTIONS/ISSUES 218
ROE v. WADE: BENCHMARK FOR ANALYSIS OF FETAL RIGHTS 219
NEW CHALLENGES AND THE FUTURE LEGAL STATUS OF THE FETAL PATIENT 221
CONCLUSION 222
Chapter 21. Organ Donation and Transplantation 226
STATE ANATOMICAL GIFT ACTS 226
ROUTINE INQUIRY OR REQUIRED REQUEST 229
PRESUMED OR IMPLIED CONSENT 230
CADAVER ORGANS: DETERMINATION OF DEATH 230
ORGANS AND TISSUES FROM FETUSES AND ANENCEPHALIC INFANTS 231
LIVING DONORS: DONOR CONSENT 233
MINORS AND INCOMPETENT DONORS 233
CONFIDENTIALITY OF POTENTIAL DONORS 234
ARTIFICIAL AND ANIMAL TRANSPLANTS 234
DONOR SCREENING 235
FEDERAL LEGISLATION 235
SELECTION OF ORGAN RECIPIENTS 237
COST AND PAYMENT CONSIDERATIONS 238
MALPRACTICE SUITS 239
RECENT DEVELOPMENTS 240
Chapter 22. Life Care Planning: Ethical and Legal Issues 244
DEFINITION OF LIFE CARE PLANNING 244
LIFE CARE PLANNING PROCESS 244
THE SPECIALTY OF LIFE CARE PLANNING 246
LIFE CARE PLANNING CERTIFICATE AND ACADEMIC PROGRAMS 247
PROFESSIONAL LIFE CARE PLANNING ORGANIZATIONS 247
PROFESSIONAL LIFE CARE PLANNERS 247
ADVANTAGES AND BENEFITS OF A LIFE CARE PLAN 248
PHYSICIANS AND LIFE CARE PLANNING 248
REFERRAL SOURCES 248
COMPLETION OF THE LIFE CARE PLAN 249
THE LIFE CARE PLAN AS A LEGAL DOCUMENT 250
LEGAL AND ETHICAL PRINCIPLES 250
ROLE OF THE ECONOMIST 250
CONCLUSION 252
Chapter 23. The Process of Dying 254
DETERMINATION OF DEATH 254
THE DYING PATIENT 256
CONCLUSION 259
Chapter 24. Physician-Assisted Suicide and Palliative Sedation 262
BASIC DEFINITIONS 262
BASIC LEGAL PRECEPTS 262
THE LAWS THAT GOVERN HASTENING DEATH IN AMERICA 262
PALLIATIVE SEDATION AND THE DOUBLE-EFFECT DOCTRINE 263
REGULATING MEDICAL PRACTICE IN THE CONTEXT OF END-OF-LIFE CARE 264
OREGON’S DEATH WITH DIGNITY ACT 264
OREGON’S DEATH WITH DIGNITY ACT IN ACTION 266
SOME FINAL THOUGHTS 267
Part IV: Professional Medical Liability 270
Chapter 25. Medical Malpractice Overview 270
PLAINTIFF’S LEGAL THEORIES OR CAUSES OF ACTION AGAINST A PHYSICIAN 270
MEDICAL MALPRACTICE DEFENSES 276
Chapter 26. Patient Safety and Health Care Quality 282
PATIENT SAFETY: PREVENTING ADVERSE EVENTS 282
HEALTH CARE QUALITY: ACHIEVING EFFECTIVENESS 284
ROLES AND RESOURCES IN SAFETY AND QUALITY 286
Chapter 27. Medication Errors 288
TYPES OF MEDICATION ERRORS 289
MEDICATION USE PROCESS 289
SYSTEM ERRORS 290
WHICH DRUGS ARE MOST OFTEN INVOLVED IN MEDICATION ERRORS? 291
HOW HAS MODERN RESEARCH IMPROVED THERAPEUTICS AND REDUCED DRUG-RELATED MORBIDITY? 292
IMPLICATIONS OF PHARMACOGENETICS AND PHARMACOGENOMICS ON MEDICAL NEGLIGENCE 293
Chapter 28. Disclosure of Adverse Outcome and Apologizing to the Injured Patient 296
BACKGROUND 296
THE BENEFITS AND RISKS OF APOLOGIZING 296
“SAFE” APOLOGIES 297
ELEMENTS COMMON TO SUCCESSFUL APOLOGIES 298
THE LEGAL SIGNIFICANCE OF APOLOGIZING 299
PROCEDURAL RULES FOR APOLOGY 299
CONCLUSION 301
Chapter 29. Risk Management 302
ORIGIN AND SCOPE 302
RISK IDENTIFICATION 305
RISK PRIORITIZATION 309
RISK CONTROL 310
RECENT DEVELOPMENT: USE OF ALTERNATIVE DISPUTE RESOLUTION 314
RISK PREVENTION 315
RISK FINANCING 317
EXTERNAL REQUIREMENTS 318
CONCLUSION 318
APPENDIX 29-1: TOP 10 ALLEGATIONS BY AVERAGE COST 319
APPENDIX 29-2: TOP 10 ALLEGATIONS BY FREQUENCY 319
APPENDIX 29-3: ALL ALLEGATIONS BY LOCATION 319
APPENDIX 29-4: UNUSUAL INCIDENT REPORT 320
Chapter 30. Alternative Dispute Resolution 322
MEDIATION 322
ARBITRATION 323
HYBRID METHODS 324
OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION 325
ALTERNATIVE DISPUTE RESOLUTION AND MEDICAL MALPRACTICE CLAIMS 325
ALTERNATIVE DISPUTE RESOLUTION AND OTHER MEDICAL DISPUTES 326
CONCLUSION 329
Chapter 31. Physician–Patient Relationship 332
NATURE AND CREATION 332
LIMITING THE DUTIES IMPOSED 333
BREACH OF CONTRACT 333
SPECIAL SITUATIONS 333
LIABILITY FOR INJURY TO THIRD PARTIES 335
RELATIONSHIPS FORMED BY CONTRACT WITH OTHERS 336
TERMINATION 337
EXPECTATIONS OF THE FUTURE: TRENDS 337
CONCLUSION 337
Chapter 32. Competency and Capacity: A Primer 342
COMPETENCY IN GENERAL 342
THE LAW IN GENERAL 342
COMMON COMPETENCY AREAS 343
APPENDIX 32-1: SOME AREAS OF LAW IN WHICH COMPETENCY IS AN ISSUE 353
APPENDIX 32-2: SOME GENERAL TESTS OF COMPETENCY 353
Chapter 33. Informed Consent to Medical and Surgical Treatment 354
ORIGINS OF THE INFORMED CONSENT DOCTRINE 354
EXCEPTIONS TO THE REQUIREMENT OF INFORMED CONSENT 356
WHO CAN GIVE CONSENT? 357
REFUSAL OF TREATMENT 358
OBTAINING AND DOCUMENTING CONSENT 359
CONCLUSION 360
APPENDIX 33-1: OVERVIEW OF STATES’ POSITIONS ON DISCLOSURE STANDARD 361
Chapter 34. Medical Records: Paper and Electronic 364
ADVANTAGES AND DISADVANTAGES OF ELECTRONIC MEDICAL RECORDS 364
STANDARDS OF RECORD-KEEPING 365
OWNERSHIP AND PATIENT ACCESS 368
CONFIDENTIALITY AND PRIVACY OF MEDICAL RECORDS 368
PRIVILEGE AND ADMISSIBILITY 371
Chapter 35. Medical Testimony and the Expert Witness 374
GENERAL RULES OF ADMISSIBILITY 375
SPECIAL CONSIDERATIONS 382
CONCLUSION 385
Chapter 36. Liability of Health Care Entities for Negligent Care 390
LEGAL BASIS FOR THE HOSPITAL’S DUTY TO PATIENTS 391
NONDELEGABLE DUTY 392
STANDARDS TO MEASURE HOSPITAL CONDUCT 392
MEDICAL STAFF SELECTION, MONITORING, AND SUPERVISION 395
EXPANDING HOSPITAL LEGAL DUTIES 396
MANAGED CARE ORGANIZATIONS 397
ERISA 398
DIRECT LIABILITY OF MANAGED CARE ORGANIZATIONS 398
CONTRACT AND WARRANTY THEORIES 399
PROFESSIONAL SERVICE CORPORATIONS 399
CONCLUSION 400
Chapter 37. Liability of Managed Care Organizations 402
ROARK v. HUMANA, INC. 402
AETNA HEALTH INC. v. DAVILA 404
IMPLICATIONS 405
SUBSEQUENT CASE LAW 405
FEDERAL LEGISLATION 406
CONCLUSION 406
Chapter 38. Pharmacist Malpractice and Liability 408
THE SCIENCE OF RISK MANAGEMENT 408
MOST COMMON ERROR: WRONG DRUG 408
THE “LOOK ALIKE” DRUG NAME PROBLEM 409
WRONG DRUG STRENGTH: ANOTHER COMMON ERROR 409
WRONG DIRECTIONS 409
LACK OF DRUG REVIEW 409
COUNSELING: A POWERFUL WEAPON AGAINST LIABILITY 410
NON-BODILY INJURY 410
OTHER (MISCELLANEOUS) ERRORS 410
MAIL-ORDER PHARMACIES 411
CONCLUSION 411
Chapter 39. Medical Product Liability 414
BACKGROUND 414
PRODUCT DEFECTS 415
CAUSATION AND DAMAGES 415
DEFENSES 416
CURRENT ISSUES 417
CONCLUSION 419
Chapter 40. Telemedicine and Electronic Mail Communication with Patients 424
TELEMEDICINE 424
LEGAL ISSUES 431
CONCLUSION 434
APPENDIX 40-1: A MODEL TELEMEDICINE ACT 436
Chapter 41. Professional Liability in Emergency Medicine 438
PROFESSIONAL LIABILITY CLAIMS 438
THE “DUTY” ELEMENT OF PROFESSIONAL LIABILITY CLAIMS 441
CONCLUSION 442
Chapter 42. Legal Issues in Newborn Intensive Care 444
INTRODUCTION 444
LEGAL CONCEPTS AND DEFINITIONS 444
INJURY PRIOR TO BIRTH 445
EXTREMELY PREMATURE INFANTS 446
CARING FOR PREMATURE INFANTS AGAINST PARENTS’ WISHES 448
WHEN PARENTS REQUEST CARE AND CLINICIANS REFUSE TO PROVIDE CARE 450
HANDICAPPED NEWBORNS 451
ANENCEPHALY 452
ETHICS 452
SUMMARY AND CONCLUSIONS 453
Chapter 43. Liability in Obstetrics and Gynecology 458
DELAYED DIAGNOSIS OF BREAST CANCER 458
GYNECOLOGIC SURGERY 460
OBSTETRICS 462
Chapter 44. Liability of Ophthalmologists 466
INTRODUCTION 466
RECOGNIZED COMPLICATIONS OF REFRACTIVE SURGERY 466
THEORIES OF RECOVERY FOR INJURY-CAUSING COMPLICATIONS FROM REFRACTIVE SURGERY 467
CONCLUSION 470
Chapter 45. Liability of Otolaryngologists 474
OTOLOGY 474
RHINOLOGY 476
LARYNGOLOGY 478
CONCLUSION 481
Chapter 46. Liability of Radiologists 484
THE PROBLEM 484
MANAGING RISK 484
TYPES OF ERRORS 484
THE “SOLUTION” 486
CONCLUSION 487
Chapter 47. Liability of Neurologists 490
MALPRACTICE LIABILITY 490
NONMALPRACTICE LIABILITY 494
LIABILITY OF THE FORENSIC NEUROLOGIST 495
CONCLUSION 495
Chapter 48. Liability of Plastic Surgeons 498
TORT CLAIMS 498
OTHER RISKS 504
Chapter 49. Nursing and the Law 508
MEDICAL MALPRACTICE 508
WORKPLACE TORTS AGAINST PATIENTS OTHER THAN MALPRACTICE 513
NURSING LICENSURE 513
Chapter 50. Dental Litigation: Triad of Concerns 516
STANDARD OF CARE 516
COMMON LITIGATION AREAS 516
TRIAD OF CONCERNS 517
EMERGENCY CARE 520
ADDITIONAL AREAS OF CONCERN 520
CONCLUSION 521
Chapter 51. Criminalization of Medical Negligence 524
THE DIFFERENCES BETWEEN CIVIL AND CRIMINAL NEGLIGENCE 525
THE PROBLEM IN PROSECUTING CRIMINAL MEDICAL NEGLIGENCE 525
PATTERNS OF CONDUCT ASSOCIATED WITH PROSECUTIONS FOR MEDICAL NEGLIGENCE 526
RECOMMENDATIONS 526
CONCLUSION 527
Chapter 52. Crimes by Health Care Providers 530
HEALTH CARE FRAUDS 530
PROSECUTORIAL CRITERIA 533
UNDERSTANDING CRIMINAL LAW 533
Chapter 53. Countersuits by Health Care Providers 538
POLICY CONSIDERATIONS 538
MALICIOUS PROSECUTION 538
ABUSE OF PROCESS 540
DEFAMATION 541
NEGLIGENCE 541
INTENTIONAL TORTS 541
CONSTITUTIONAL MANDATE 541
PRIMA FACIE TORT 542
APPEALS RESULTS 542
CONCLUSION 542
Chapter 54. No-Fault Medical Malpractice System in New Zealand 544
THE TROUBLE WITH TORT 544
NO-FAULT COMPENSATION 544
NONMONETARY REMEDIES 545
CONCLUSION 546
Part V: Care of Special Patients 548
Chapter 55. Children as Patients 548
STATE INTERVENTION 548
PARENS PATRIAE 549
TRANSFUSIONS 550
POLICE POWER 552
VACCINATIONS 552
PARENTAL NOTIFICATION 553
MUNCHAUSEN’S SYNDROME BY PROXY (MSP) 553
Chapter 56. Child Abuse 556
STATISTICS 556
DEFINITION 556
RELIGIOUS EXEMPTIONS 557
DIAGNOSIS 558
REPORTING LAWS 559
Chapter 57. Domestic Violence Patients 568
CIVIL PROTECTION ORDERS 568
CRIMINAL DOMESTIC VIOLENCE PROSECUTIONS 570
IMPACT OF DOMESTIC VIOLENCE IN OTHER AREAS OF LAW 570
CONCLUSION 571
Chapter 58. Geriatric Patients 576
ELDER MISTREATMENT 576
GUARDIANSHIP AND ITS ALTERNATIVES 577
RESEARCH WITH OLDER HUMAN PARTICIPANTS 578
FINANCING MEDICAL CARE FOR GERIATRIC PATIENTS 579
ELDER LAW AS A GROWING SPECIALTY 579
Chapter 59. Oncology Patients 582
FAILURE TO DIAGNOSE CANCER 582
PATHOLOGY REPORTS 583
RADIATION THERAPY 583
CHEMOTHERAPY 584
GENETICS 584
MOLECULAR GENETIC TESTING 584
DISCRIMINATION 585
TASK FORCE ON GENETIC INFORMATION AND INSURANCE 586
SIGNIFICANT CASES 586
UNORTHODOX CANCER TREATMENTS 587
CONCLUSION 588
Chapter 60. Brain-Injured Patients 592
PRIMARY CAUSES OF BRAIN IMPAIRMENT: DIAGNOSIS 592
TRAUMATIC BRAIN IMPAIRMENT 595
LEGAL CONSIDERATIONS 598
Chapter 61. Patients with HIV Infection and AIDS 600
TREATMENT 601
VACCINE DEVELOPMENT 601
DISCRIMINATION 602
TESTING 602
STATISTICS AND PRIVACY ISSUES 603
“SAFE NEEDLE” REGULATIONS 603
AIDS RESEARCH INVOLVING PRISON INMATES 604
MEDICAL USE OF MARIJUANA TO TREAT AIDS-RELATED SYMPTOMS 604
CONCLUSION 604
Chapter 62. The Law and the Relief of Pain: Pain Management 608
BASIC PRECEPTS AND DEFINITIONS 608
PROCESSES FOR AND RESULTS OF RECENT MANDATES 608
THE IMPACT OF THE LAW ON CLINICIANS/PRESCRIBERS WHEN TREATING PAIN 610
THE CHRONIC PAIN PATIENT 611
LIABILITY WHEN PAIN IS NOT ASSESSED/TREATED WELL 612
THE FUTURE OF PAIN MANAGEMENT 613
Chapter 63. Sports Medicine 616
Part VI: Forensic Science and Medicine 618
Chapter 64. Forensic Pathology 618
AUTOPSIES 618
FORENSIC PATHOLOGY VERSUS HOSPITAL PATHOLOGY 619
RAPE 620
PATERNITY 622
CHILD ABUSE 622
DRUG ABUSE 623
CONCLUSION 624
Chapter 65. Forensic Engineering 626
ACCIDENT RECONSTRUCTION 626
BIOMECHANICS OF INJURIES 628
PRODUCTS LIABILITY 629
CONCLUSION 631
Chapter 66. Forensic Toxicology 634
POSTMORTEM FORENSIC TOXICOLOGY 634
HUMAN PERFORMANCE TOXICOLOGY 635
ALCOHOL IN THE BODY AND ITS EFFECTS 635
DRUGS AND DRIVING 636
FORENSIC DRUG TESTING 636
Chapter 67. Psychiatric Patients and Forensic Psychiatry 638
PSYCHIATRY AND CRIMINAL LAW 638
PSYCHIATRIC MALPRACTICE 643
CIVIL RIGHTS 648
Chapter 68. Criminalistics 652
STAGES OF EVIDENTIARY ANALYSIS 652
CLASSIFICATION OF PHYSICAL EVIDENCE 653
CHALLENGES TO CRIMINALISTICS EVIDENCE 659
Chapter 69. Forensic Entomology 662
BRIEF HISTORY 663
SCIENTIFIC PERSPECTIVE AND PRINCIPLES OF APPLICATION 663
APPLICATIONS 664
ADDITIONAL APPLICATIONS 666
IMPORTANCE OF CLIMATOLOGICAL INPUT 666
IMPORTANCE OF RESEARCH 667
QUALIFICATIONS OF THE FORENSIC ENTOMOLOGIST 668
CONCLUSION 668
Chapter 70. Forensic Odontology 672
BASIS OF FORENSIC ODONTOLOGY 672
DENTAL IDENTIFICATION 672
MASS CASUALTY INCIDENTS 673
BITEMARK EVIDENCE 674
MISCELLANEOUS PATTERNED MARKINGS 674
HUMAN ABUSE EVIDENCE 675
ANALYSIS OF DENTAL EVIDENCE 675
DEVELOPMENTAL APPLICATIONS 675
CONCLUSION 676
Chapter 71. Utilization of Forensic Science in the Civil and Criminal Justice Systems: Forensic Use of Medical Information 678
BRIEF HISTORY OF FORENSIC MEDICINE 678
THE ADVERSARIAL PROCESS 679
EXPERT WITNESSES 680
FORENSIC PSYCHIATRY AND PSYCHOLOGY 681
ADMISSIBILITY OF EXPERT TESTIMONY 681
Part VII: Legal Aspects of Public Health 684
Chapter 72. Occupational Health Law 684
THE OCCUPATIONAL SAFETY AND HEALTH ACT 684
KEEPING THE WORKER INFORMED 685
DISCRIMINATION IN THE WORKPLACE 687
TORT LIABILITY 690
LEGAL LIABILITY OF THE OCCUPATIONAL HEALTH CARE PROVIDER: MEDICAL MALPRACTICE 690
CONCLUSION 691
Chapter 73. Public Health Law 692
THE BASIS OF PUBLIC HEALTH AUTHORITY 692
PREVENTION VERSUS PUNISHMENT 693
CONTROL OF THE PERSON 693
COMBATING UNHEALTHFUL CONDITIONS 693
GATHERING DATA 694
PUBLIC HEALTH LAW AFTER 9/11 694
Chapter 74. Legal Aspects of Bioterrorism 696
THE ANTHRAX ATTACKS 696
THE “MODEL” STATE EMERGENCY HEALTH POWERS ACT 699
FEDERAL PUBLIC HEALTH (AND SMALLPOX) 702
Part VIII: International Contributions 706
Chapter 75. Physician Licensing and Disciplining in England and Europe 706
SCOPE OF THIS CHAPTER 706
THE LEGAL BACKGROUND 707
REGISTRATION 707
DISCIPLINARY MATTERS UNDER THE “OLD REGIME” 708
RECENT CHANGES IN THE LAW ON THE UK’S GENERAL MEDICAL COUNCIL 710
THE GENERAL MEDICAL COUNCIL OF THE FUTURE 711
INTERNATIONAL CONSIDERATIONS ON IMPAIRED DOCTORS 713
APPENDIX 75-1: REGISTRATION AND DISCIPLINARY AUTHORITIES IN THE EU (2002) 715
Chapter 76. Privacy 716
MEDICAL RECORDS 717
ACCESS TO PATIENT RECORDS 718
NATIONAL PRIVACY PRINCIPLES (NPPs) 718
SPECIAL CIRCUMSTANCES 719
APPLICATION OF PRIVACY RULES TO CLINICAL PRACTICE 720
CONCLUSION 721
Chapter 77. Drivers and the Law 722
THE LICENSING PROCESS 722
WHICH STANDARDS SHOULD APPLY 723
CONFIDENTIALITY 723
MEDICAL CONDITIONS 724
CONSEQUENCES OF NOT BEING ABLE TO DRIVE 724
CONCLUSION 725
Glossary: Selected Health Care and Legal Terminology 728
Case Index 738
Subject Index 742

Explores And Illustrates The Legal Implications Of Medical Practice And The Special Legal Issues Arising From Managed Care. Edited By The American College Of Legal Medicine Textbook Committee, It Features Comprehensive Discussions On A Myriad Of Legal Issues That Health Care Professionals Face Every Day. Substantially Revised And Expanded And Written In A Plain Manner, This New Edition Includes 20 Brand-new Chapters That Address The Hottest Topics In The Field Today. Will Also Serve As The Syllabus For The Board Review Course Of The American Board Of Legal Medicine (ablm). Introduction: Legal Medicine -- Medical Practice: Education And Licensure -- Medical Staff Peer Review In The Credentialing And Privileging And Impairment Of Physicians -- Physician Profile Databases -- Health Care Professional Impairment -- Health Care Provider Contracts -- Agency -- Antitrust -- Complementary And Alternative Medicine -- Practice Organizations And Joint Ventures -- Coproviders And Institutional Practice -- Physician As An Employer -- Health Professionals And The Regulated Industry: The Laws And Regulations Enforced By The U.s. Food Drug And Administration -- Health Insurance And Professional Liability Insurance -- Patents, Intellectual Property, And Licenses -- Federal Health Information Privacy Requirements -- Ethics And Bioethics -- Research And Experimentation -- The Human Genome Project -- Legal Interests Of The Fetal Patient -- Organ Donation And Transplantation -- Life Care Planning: Ethical And Legal Issues -- The Process Of Dying --^ Physician-assisted Suicide And Palliative Sedation -- Medical Malpractice Overview -- Patient Safety And Health Care Quality -- Medication Errors -- Disclosure Of Adverse Outcome And Apologizing To The Injured Patient -- Risk Management -- Alternative Dispute Resolution -- Physician-patient Relationship -- Competency And Capacity: A Primer -- Informed Consent To Medical And Surgical Treatment -- Medical Records: Paper And Electronic -- Medical Testimony And The Expert Witness -- Liability Of Health Care For Entities Negligent Care -- Liability Of Managed Care Organizations -- Pharmacist Malpractice And Liability -- Medical Product Liability -- Telemedicine And Electronic Mail Communication With Patients -- Professional Liability In Emergency Medicine -- Legal Issues In Newborn Intensvie Care -- Liability In Obstetrics And Gynecology -- Liability Of Ophthalmologists -- Liability Of Otolaryngologists -- Liability Of Radiologists -- Liability Of Neurologists --^ Liability Of Plastic Surgeons -- Nursing And The Law -- Dental Litigation: Triad Of Concerns -- Criminalization Of Medical Negligence -- Crimes By Health Care Providers -- Countersuits By Health Care Providers -- No-fault Medical Malpractice System In New Zealand -- Children As Patients -- Child Abuse -- Domestic Violence Patients -- Geriatric Patients -- Oncology Patients -- Brain-injured Patients -- Patients With Hiv Infection And Aids -- The Law And The Relief Of Pain: Pain Management -- Sports Medicine -- Forensic Pathology -- Forensic Engineering -- Forensic Toxicology -- Psychiatric Patients And Forensic Psychiatry -- Criminalistics -- Forensic Entomology -- Forensic Odontology -- Utilization Of Forensic Science In The Civil And Criminal Justice Systems: Forensic Use Of Medical Information -- Occupational Health Law -- Public Health Law -- Legal Aspects Of Bioterrorism -- Physician Licensing And Disciplining In England And Europe -- Privacy -- Drivers And The Law. American College Of Legal Medicine Textbook Committee, S. Sandy Sanbar ... [et Al.]. American College Of Legal Medicine. Includes Bibliographical References And Indexes.

2015-12-23