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ABOUT THE AUTHORS, xii
ACKNOWLEDGMENTS, xvi
PART 1. THE FOUNDATIONS OF LAW AND ETHICS, 1
CHAPTER 1. Introduction to Law and Ethics, 2
Why Study Law and Ethics?, 3
Court Cases Illustrate Risk of Litigation, 4
Comparing Aspects of Law and Ethics, 7
Law, 7
Ethics, 9
Codes of Ethics and Ethics Guidelines, 9
Bioethics, 12
The Role of Ethics Committees, 13
Etiquette, 13
Qualities of Successful Health Care Practitioners, 14
Courtesy, 14
Compassion, 15
Common Sense, 15
People Skills, 16
Technical Skills, 16
Critical Thinking Skills, 16
Ethics Issues, 18
CHAPTER 2. Working in Health Care, 26
Licensure, Certification, Registration, and Accreditation, 27
Reciprocity, 29
Medical Practice Acts and Medical Boards, 29
Health Care Professions, 32
The Physician's Education, 39
The Physician's License and Responsibilities, 40
License Revocation or Suspension, 41
Respondeat Superior, 42
Medical Practice Management Systems, 44
Sole Proprietorship, 44
Partnership, 45
Professional Corporation, 45
Group Practice, 45
Types of Managed Care, 46
Health Maintenance Organizations, 46
Preferred Provider Organizations, 47
Physician-Hospital Organizations, 47
Other Variations in Managed Care Plans, 47
Legislation Affecting Health Care Plans, 48
Health Care Quality Improvement Act of 1986, 48
Health Insurance Portability and Accountability Act, 49
Controlling Health Care Fraud and Abuse, 49
Telemedicine, 51
Consumer Precautions Regarding Telemedicine, 52
Ethics Issues, 53
CHAPTER 3. Law, the Courts, and Contracts, 60
The Basis of Law, 61
The Federal Government, 61
State Governments, 62
Sources of Law, 63
Classifications of Law, 65
Criminal Law, 65
Can Knowledge of a Crime Make You Guilty?, 66
Players in the Court Scene, 66
Civil Law, 66
Tort Liability, 67
Intentional Torts, 67
Unintentional Torts, 67
The Court System, 69
Federal Courts, 69
State Courts, 71
Contracts, 72
Types of Contracts, 74
Expressed Contracts, 74
Implied Contracts, 76
The Physician-Patient Contract and Managed Care, 78
The Physician's Rights and Responsibilities, 78
The Patient's Rights and Responsibilities, 80
Termination of Contracts, 81
Law of Agency, 82
Ethics Issues, 83
PART 2. LEGAL ISSUES FOR WORKING HEALTH CARE PRACTITIONERS, 91
CHAPTER 4. Professional Liability and Medical Malpractice, 92
Liability, 93
Standard of Care and Duty of Care, 94
Physicians, 96
Guidelines for Physicians and Other Health Care Practitioners, 97
Privacy, Confidentiality, and Privileged Communication, 98
The Tort of Negligence, 101
JCAHO Standards on Medical Mistakes and Patient Safety, 103
Res Ipsa Loquitur, 105
Damage Awards and Medical Malpractice Insurance, 105
Wrongful Death Statutes, 107
Elements of a Lawsuit, 109
Phases of a Lawsuit, 109
Witness Testimony, 110
Courtroom Conduct, 112
Alternative Dispute Resolution, 112
Ethics Issues, 114
CHAPTER 5. Defenses to Liability Suits, 122
Preventing Liability Suits, 123
The Four Cs of Medical Malpractice Prevention, 123
Employing Physicians and Medical Facilities, 125
Why Do Patients Sue?, 126
Communicating with Patients, 127
Documentation, 128
Types of Defenses, 130
Denial, 130
Affirmative Defenses, 130
Technical Defenses, 132
Risk Management, 135
Professional Liability Insurance, 136
Ethics Issues, 139
CHAPTER 6. Medical Records and Informed Consent, 145
Medical Records, 146
Entries, 146
Photographs, Videotaping, and Other Methods of Patient Imaging, 148
Corrections, 148
Ownership, 150
Retention and Storage, 150
Confidentiality, 150
Health Information Technology (HIT), 151
Technological Threats to Confidentiality, 153
Release of Information, 154
Consent, 158
Informed Consent, 158
Informed Consent and Abortion Law, 161
HIV and Informed Consent, 163
When Consent Is Unnecessary, 164
Ethics Issues, 165
CHAPTER 7. Privacy Law and HIPAA, 172
Privacy and the United States Constitution, 173
Federal Privacy Laws, 175
Health Insurance Portability and Accountability Act (HIPAA), 178
HIPAA Language, 179
Covered Entities, 179
Covered Transactions, 180
Other Important HIPAA Terms, 180
HIPAA Standards, 183
Standard 1: Transactions and Code Sets, 184
Code Sets, 184
Transaction Requirements, 184
Standard 2: Privacy Rule, 185
Permissions, 186
Special Requirements for Disclosing Protected Health Information, 190
Patient Rights, 194
Standard 3: Security Rule, 194
Standard 4: National Identifier Standards, 195
Frequently Asked Questions about HIPAA, 196
Ethics Issues, 198
PART 3. PROFESSIONAL, SOCIAL, AND INTERPERSONAL HEALTH CARE ISSUES, 207
CHAPTER 8. Physicians' Public Duties and Responsibilities, 208
Vital Statistics, 209
Births, 210
Deaths, 210
Forensic Medicine, 213
Public Health Statutes, 215
Communicable and Other Notifiable Diseases, 215
The National Childhood Vaccine Injury Act of 1986, 217
Vaccination as a Bioethics Issue, 220
Reportable Injuries, 221
The Unborn Victims of Violence Act, 222
Identifying Abuse, 222
Drug Regulations, 223
The Controlled Substances Act, 224
Ethics Issues, 226
CHAPTER 9. Workplace Legalities, 233
How the Law Affects the Workplace, 234
Hiring and Firing, 234
Discrimination, 235
Labor and Employment Laws, 237
Employment Discrimination Laws, 237
Wage and Hour Laws, 238
Workplace Safety Laws, 238
Other Terms of Employment, 238
Employee Safety and Welfare, 239
Occupational Safety and Health Administration (OSHA), 239
OSHA Health Standards and CDC Guidelines, 241
Workers' Compensation, 244
Unemployment Insurance, 245
Hiring and the New Employee, 246
Interviews, 246
Bonding, 247
Employment Paperwork, 247
Ethics Issues, 248
CHAPTER 10. The Beginning of Life and Childhood, 254
The Influence of Technology on the Beginning of Life, 255
Genetics, 255
The Human Genome Project, 256
Genetic Testing, 257
Genetic Testing and Discrimination, 258
Genetic Engineering, 259
Human Stem Cell Research, 260
Gene Therapy, 262
Conception and the Beginning of Life, 263
Infertility, 263
Surrogacy, 263
Adoption, 264
Rights of Children, 266
Best Interest of the Child Concept, 266
Rights of the Newborn, 266
Abandoned Infants, 266
Teenagers, 268
Ethics Issues, 270
CHAPTER 11. Death and Dying, 277
Attitudes toward Death and Dying, 278
Determination of Death, 279
Autopsies, 280
Teaching Health Care Practitioners to Care for Dying Patients, 281
The Right to Die Movement, 283
Euthanasia and Physician-Assisted Suicide, 286
Caring for Dying Patients, 287
Hospice Care, 288
Planning Ahead, 289
Living Will, 290
Durable Power of Attorney, 291
Health Care Proxy, 291
Do-Not-Resuscitate (DNR) Order, 291
The National Organ Transplant Act, 293
Organ Donor Directives, 294
Uniform Anatomical Gift Act, 294
Frequently Asked Questions about Organ Donation, 295
The Grieving Process, 297
What Is Grief?, 297
Stages of Grief, 298
Finding Support, 299
Ethics Issues, 300
CHAPTER 12. Health Care Trends and Forecasts, 309
Cost, Access, and Quality, 310
Cost, 311
New Health Care Technology, 313
Growth in the Population of Older Adults, 313
Emphasis on Specialty Medicine, 315
Increasing Numbers of Underinsured and Uninsured, 315
Labor Intensity of Health Care Services, 315
Reimbursement System Incentives, 315
Access, 316
Government Attempts to Reform Health Care, 317
Quality, 318
Health Care Forecasts, 320
Medical Technologies, 321
Health Information Technologies, 325
Reforming the Health Care System, 327
Ethics Issues, 328
APPENDIX 1. State Medical Boards, 334
APPENDIX 2. Health Care Professional Organizations, 339
APPENDIX 3. Associations for Major Diseases, 341
Glossary, 342
Photo Credits, 357
Court Cases in Alphabetical Order Index, 358
Court Cases by Subject Index, 360
Index, 363

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