CourseSmart - 0077329988 - Law and Ethics for Medical Careers, 5th Edition

Law and Ethics for Medical Careers, 5th Edition

by Judson, Karen; Harrison, Carlene

Publisher: McGraw-Hill Higher Education

Publishing Date: 2009/01/16

eText ISBN-10

0-07-732998-8

eText ISBN-13

978-0-07-732998-3

Print ISBN-10

0-07-340206-0

Print ISBN-13

978-0-07-340206-2

Saleable Print ISBN-10

0-07-340206-0

Saleable Print ISBN-13

978-0-07-340206-2

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Law and Ethics for Medical Careers, 5th Edition

by Judson, Karen; Harrison, Carlene

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ABOUT THE AUTHORS, xii

ACKNOWLEDGMENTS, xvi

PART 1. THE FOUNDATIONS O...

PART 2. LEGAL ISSUES FOR ...

PART 3. PROFESSIONAL, SOC...

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

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

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

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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