Legal Medicine

Health Care Law and Medical Ethics

8th Edition - May 29, 2024
Authors: American College of Legal Medicine, American Board of Legal Medicine
Language: English
Paperback ISBN:
9 7 8 - 0 - 4 4 3 - 1 2 1 2 8 - 9
eBook ISBN:
9 7 8 - 0 - 4 4 3 - 2 8 4 2 5 - 0
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9 7 8 - 0 - 4 4 3 - 1 2 4 6 1 - 7

Authored by the two primary organizations in the field, Legal Medicine: Health Care Law and Medical Ethics, 8th Edition, remains the premier treatise in this increasingly… Read more

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Authored by the two primary organizations in the field, Legal Medicine: Health Care Law and Medical Ethics, 8th Edition, remains the premier treatise in this increasingly important area of medical practice. In the midst of a progressively litigious culture, this essential reference provides up-to-date information on topics surrounding professional medical liability, the business aspects of medical practice, and medicolegal and ethical issues, offering comprehensive discussions on a myriad of topics that health care professionals face every day.

Cover image
Title page
Copyright
Editorial Committee
Contributors
Preface
Acknowledgments and Dedication
Contents
Part One: Legal Medicine in the Digital Age
CHAPTER 1 History of Legal Medicine
Introduction
Ancient Chinese Medicine
Ancient Egyptian Medicine
Semite Tribes Medicine
Ancient Greek Law
Hippocrates
Roman Law
Arrest of St. Januarius by Emperor Diocletian
French Law
Impregnation of Woman by the Devil or Dream
Danelaw
Common Law in England
German Law
Arabic and Persian Canon of Medicine
Civil Law Versus Common Law
Stare Decisis
Tort Law
The Black (Bubonic) Plague
Early Causes of Malpractice in England
Development of Legal Medicine in Europe
Legal Medicine in the United States
Medical Jurisprudence
American College of Legal Medicine
American Society of Law, Medicine, and Ethics
Legal Medicine Education
American Board of Legal Medicine
Bibliography
CHAPTER 2 The American Legal System
US Constitutions
Statutory Law
Administrative Law
Common Law
Federal Court System
State Court System
Interaction Between Federal and State Courts
American Adversary Process
Developments in the Court System
Court-Annexed Dispute Resolution of Conflicts
Types of Law
Pearls
Bibliography
CHAPTER 3 Digital Healthcare
Introduction
The Digital Doctor
Concerns About AI Systems
Clinicians Versus AI Systems
FDA-Approved AI Medical Devices
Types of AI Models
Legal Accountability of the AI Device Itself
Use of AI in Healthcare
Use of AI in Radiology
Bibliography
CHAPTER 4 History of Artificial Intelligence, Machine Learning, and Deep Learning
Concepts of Mechanized Human Thought
Artificial Intelligence
Intelligent Agents
Machine Learning
Deep Learning
Stanford AI Index Report
Bibliography
CHAPTER 5 Artificial Intelligence Liability Theories in Medicine
Product Liability
Medical Malpractice
Other Liability Theories
Endnotes
CHAPTER 6 Artificial Intelligence in Genetics
Introduction
Medical Applications of AI in Genetics
How Machine Learning Algorithms Work and Their Potential Applications in Genetics
How AI Can Improve the Accuracy and Speed of Genetic Diagnostics
Examples of AI-Based Genetic Diagnostic Tools Currently in Use or Under Development
Ethical Implications of AI in Genetics
Best Practices for Protecting Patient Privacy in the Use of AI in Genetics
Legal Implications of AI in Genetics
Liability and Regulation
Conclusions
Bibliography
CHAPTER 7 Use of AI in Dentistry
Introduction
Fields of Dentistry
Research
Legal Considerations
Bibliography
CHAPTER 8 Medical Records and Prescribing by Physicians
Introduction
Duty of Prescribing Clinician
Systematic Approach to Prescribing
Informal Caregivers
Duty to Improve Medical Knowledge and Skill
Placebo and Nocebo
Herbal or Dietary Supplements
Polypharmacy
Inappropriate or Problematic Polypharmacy
Prescribing Cascade
Assessment of Inappropriate Prescribing
Serotonin Syndrome
Drug–Drug Interactions
Bibliography
CHAPTER 9 Spoliation: Altered Medical Records
Introduction
Case 1. Cut-and-Paste Entries
Case 2. Destruction of Documents
Discussion of Issues
Definition of Spoliation
Spoliation Detection Methods
Implications of Spoliation
Types of Spoliation Remedies
Record Retention
Intentional Spoliation of Evidence
Tort of Negligence Spoliation
Statutes of Limitations for Preservation of Evidence
Instruction to the Jury About Spoliation
Survival Strategy
Destruction of Medical Records
Bibliography
CHAPTER 10 The Confidentiality of Digital Medical Information
Introduction
Federal HIPAA Privacy Rule
State Law
Conclusions
Bibliography
CHAPTER 11 Telemedicine Liability
Introduction
Email and Physician–Patient Communication
Legal Issues
Corporate Practice of Medicine
Bibliography
Part Two: Law of Medicine and Medical Practice
CHAPTER 12 The Standard of Care and the Reasonable Doctor and Juror
Introduction
Types of Standards of Care
Multiple Standards of Care
The Reasonable Person
Objective Reasonable Person Standard
Standards for Informed Consent
Bibliography
CHAPTER 13 Healthcare Provider Contracts
Introduction
Managed Healthcare Goals: Effect on Contracting Healthcare Providers
Contracting and Reimbursement: Healthcare Provider Contracts
Contract Analysis: Signing a Standard Healthcare Contract
Ability to Negotiate Terms
Conclusions
Bibliography
CHAPTER 14 Physician As an Employer*
Introduction
Hazard Communication Standard
Americans with Disabilities Act
Bloodborne Pathogen Standard
Clinical Laboratory Improvement Amendments
Health Insurance Portability and Accountability Act
Bibliography
CHAPTER 15 The Law of Agency and Partnership
Introduction
Parties and the Relationship
Rights and Duties Between Principal and Agent
Liabilities of Parties Based in Tort
Bibliography
CHAPTER 16 Medical Practice Organizations and Joint Ventures*
Introduction
Practice Organizations Among Physicians
Partnership
Managed Healthcare
Joint Ventures
Antitrust Considerations
Conclusion
Bibliography
CHAPTER 17 Patents, Intellectual Property, and Licenses*
Introduction
Patents
Other Forms of Intellectual Property
Ownership and Licensing
Bibliography
CHAPTER 18 The Law of Antitrust*
Introduction
Conduct Violations
Enforcement
Defenses
Robinson-Patman Act
Recent Developments in Antitrust and Health Care Reform
Bibliography
CHAPTER 19 Alternative Dispute Resolution Techniques
Introduction
Mediation
Co-Mediation
Arbitration
Advantages of Arbitration
Disadvantages of Arbitration
Court-Annexed Arbitration
Hybrid Methods
Other Forms of Alternative Dispute Resolution
Alternative Dispute Resolution and Medical Malpractice Claims
Alternative Dispute Resolution and Other Medical Disputes
Bibliography
CHAPTER 20 Professional Liability Insurance
Introduction
Policy Type
Deductible
Bibliography
Part Three: Medical Education and Practice
CHAPTER 21 Medical Education and State Board Licensure
“Right” to Be a Physician
Medical School Admission Criteria
Medical School Retention and Graduation
Medical Licensure
Types of Licensures
Defenses to Disciplinary Charges
Discovery
Recusal of Board Members
Sanctions
National Collectors of Disciplinary Data
Restoration of a License
Bibliography
CHAPTER 22 Medical Staff Peer Review in Credentialing and Privileging of Physicians
Medical Staff Peer Review
Credentialing
Privileging
Proctoring
Due Process
Physician Rights Under Managed Care
Application of Due Process Principles
Confidentiality and Peer Review Privilege
Peer Review Corrective Action: An Unfair Process?
Bibliography
CHAPTER 23 Physician Profile Databases*
Introduction
Grouping of Databases
Categories of Information
Consumer-Accessed Databases
Publishing Malpractice Information
Reliability of Malpractice Information
Emerging Types of Information
Unintended Consequences
Peer Reporting
Consumer Privacy
Bibliography
CHAPTER 24 Complementary and Alternative Medicine*
Introduction
Recognition of Complementary and Alternative Medicine by the Biomedical Community
Disciplinary Procedures
Particular Cam Practices
Unprofessional Conduct Standard
Medical Freedom Acts
Medical Malpractice Standard of Care
Respectable Minority or Two Schools of Thought Doctrine
Malpractice Liability Management Strategy
Malpractice Liability for Complementary and Alternative Medicine Referral
Bibliography
Part Four: Professional Medical Ethics
CHAPTER 25 Physician–Patient Relationship*
Fiduciary
Hospital–Physician–Patient Relationship
Nature of the Physician–Patient Relationship
Absence of Physician–Patient Relationship
Creation of the Physician–Patient Relationship
Limiting the Duties Imposed
Duty by the Physician, and Patient Obligation
Breach of the Physician–Patient Relationship Contract
Emtala
Liability for Injury to Third Parties
Relationships Formed by Contract With Others
Termination of the Physician–Patient Relationship
Bibliography
CHAPTER 26 Competency and Capacity: A Primer*
Competency in General
The Law in General
Common Competency Areas
Appendix 26.1 Some Areas of Law in Which Competency is an Issue
Civil Law
Family Law
Criminal Law
Bibliography
CHAPTER 27 Informed Consent to Medical and Surgical Treatment*
Introduction
The Foundation of the Doctrine
What Must Be Disclosed?
Two Standards for Disclosure
Emergency Consent
The “Extension Doctrine”
Waiver
Therapeutic Privilege
Causation Issues
Minors
“Informed Refusal”
Refusal by Others on the Patient’s Behalf
Who Is Responsible to Obtain Informed Consent?
Duty of Hospitals or Other Healthcare Institutions
Documenting Consent
Appendix I
A. States Following a Physician-Based Standard
B. States Following a Patient-Based Standard
Appendix II. Overview of States’ Positions on Disclosure Standard
States With Other Approaches or Not Classified
Bibliography
CHAPTER 28 Mandatory Evaluation of Older Doctors for Physical and Cognitive Impairment
Introduction
Factors Driving Mandatory Screening of Older Doctors
Professionals Who Become Too Old to Practice
Census of US Doctors
Neurodegenerative Disorders
Alzheimer Disease
Quality of Medical Care by Older Doctors
Why Screen Older Doctors?
Nondigital Cognitive Evaluation Tests
Digital Cognitive Evaluation Tests
Clinical Tests
Federal Law
Who Enforces ADEA?
State Law Against Discrimination Example: New Jersey
State of Utah
Court Decisions
EEOC v. Yale New Haven Hospital (2020)
Late Career Practitioner Policy
Bibliography
Part Five: Prescribing and Pain Management
CHAPTER 29 Prescribing by Clinicians
Introduction
Ethical and Legal Concerns
Systematic Approach to Prescribing
Informal Caregivers
Duty To Improve Medical Knowledge and Skill
Placebo and Noceboes
Herbal or Dietary Supplements
Polypharmacy
Inappropriate or Problematic Polypharmacy
Assessment of Inappropriate Prescribing
Serotonin Syndrome
Inappropriate Medications
Prescribing Cascades
Drug–Drug Interactions
Bibliography
CHAPTER 30 Drug Courts
Introduction
Bibliography
CHAPTER 31 Cannabis (Marijuana): Metabolic and Medical Aspects
Introduction
Plant Cannabinoids, Terpenes, and Flavonoids
The Endocannabinoid System
Cannabinoid Receptors
CBD Pharmacodynamics and Pharmacokinetics
THC Pharmacodynamics and Pharmacokinetics
Medical Marijuana
Marijuana Treats
Cannabinoid Hyperemesis Syndrome
Beneficial Effects of Cannabis
Adverse Effects of Cannabis
Marijuana Use by the Elderly
Artificial Intelligence in Cannabis
Cannabis (THC and CBD) Products
Conclusion
Bibliography
CHAPTER 32 Cannabinoids: Legal Aspects
Introduction
Hemp Import to America
British Jamestown Colony and Virginia
Women’s Temperance Movement and the Woman’s Christian Temperance Union
Cannabis Listed in the US Pharmacopeia
Marijuana and Wetbacks
Criminalization of Cannabis
The Harrison Narcotics Act
Cannabis Prohibition Beginning in 1930
Marihuana Stamp Tax Act of 1937
La Guardia Committee Report of 1944
Arrests and Convictions on Marijuana Charges
Other Arrests for Marijuana Possession
Federal Marihuana Tax Act Unconstitutional: Leary v. United States (1969)
Leary’s Arrest for Possession of Marijuana
First Marijuana Treatment: United States v. Randall (1999)
Legalization of Marijuana in States
Cannabis, as a Religious Entheogen, Is Not Controlled by Government Regulations
Federal Regulation of Cannabis (Marijuana) in the United States
FDA-Approved Marijuana Drugs
FDA Warnings
Marijuana Prohibited in National Parks and Federal Land
Cannabinoid and Cannabimimetic Compounds as of 2023
State Exceptions
State Regulation of Marijuana in the United States
State Marijuana Regulations
Bibliography
CHAPTER 33 Liability for Physicians Who Certify Medical Cannabis Therapy
Introduction
Medical Marijuana and Cannabidiol Research Expansion Act
“Bona Fide” Physician–Patient Relationship
Potential Physician Liabilities
Bibliography
Part Six: Legal Aspects of Public Health
CHAPTER 34 Occupational Health Law
Introduction
The Occupational Safety and Health Act
Coverage
Keeping the Worker Informed
Discrimination in the Workplace
Tort Liability
Legal Liability of the Occupational Healthcare Provider: Medical Malpractice
Conclusion
Bibliography
CHAPTER 35 Public Health Law
Introduction
The Basis of Public Health Authority
Public Health Law as Administrative Law
Punishment Versus Prevention: Limits on Public Health Powers
Public Health Due Process Rights
Gathering Data
Restrictions of the Person
Regulation of Property
Public Health Enforcement Tools
Emergency Response and Public Health Law After 9/11
Public Health Law After COVID-19
Artificial Intelligence in Public Health
Bibliography
CHAPTER 36 HIV/AIDS: Ethical and Legal Aspects
Introduction
HIV Screening and Testing
Occupational Exposures and HIV Testing
Substance Use, HIV, and HIV Prevention Strategies
Confidentiality, Privacy, and Disclosure
Treatment
Bibliography
CHAPTER 37 Responses to COVID-19: Ethical and Legal Issues
Introduction
COVID Transmission, Care, and Prevention: Ethical and Legal Issues
Allocation of Scarce Resources
Healthcare Workers, Obligations, and Mandates
Global Access to Vaccines and Boosters
Ethical Issues in COVID-19 Challenge Trials
Bibliography
CHAPTER 38 Legal and Policy Aspects of Bioterrorism
Introduction
The Anthrax Attacks
Investigational Drugs in War and Biowarfare
Civil Liberties and Bioterrorism
Uniform State Bioterrorism Law?
Federal Public Health (and Smallpox)
Bibliography
Part Seven: Forensic Science and Medicine
CHAPTER 39 Forensic Use of Medical Information in Civil and Criminal Justice Systems
Introduction
History of Forensic Medicine
The Adversarial Process
Expert Witnesses
Forensic Psychiatry and Psychology
Admissibility of Expert Testimony
Bibliography
CHAPTER 40 Forensic Pathology
Autopsies
Areas of Concern
Forensic Pathology Versus Hospital Pathology
Rape
Paternity
Child Abuse
Recognition and Categories of Abusers
Drug Abuse
Conclusion
Bibliography
CHAPTER 41 Psychiatric Patients and Forensic Psychiatry
Psychiatry and Criminal Law
Disposition of Mentally Incompetent Adults to Stand Trial
The M’Naughton Rule
Irresistible Impulse Test
Durham (or New Hampshire) Rule
American Law Institute Test
Other Defenses
Posttraumatic Stress Disorder
Abolition of the Insanity Defense
Comprehensive Crime Control Act of 1984
Guilty but Mentally Ill
Civil Rights
Gravely Disabled People
Least Restrictive Alternative
Rights of the Civilly Committed Patient
Bibliography
CHAPTER 42 Forensic Criminalistics
Introduction
Stages of Evidentiary Analysis
Classification of Physical Evidence
Transient Evidence
Conditional Evidence
Pattern Evidence
Transfer and Trace Evidence
Polymer Evidence
Associative Evidence
Challenges to Criminalistics Evidence
Bibliography
Part Eight: Care of Special Patients
CHAPTER 43 Child Abuse*
Introduction and Statistics
Definition
Religious Exemptions
Diagnosis
Differential Diagnosis
Reporting Laws
Privacy, Reporting, and HIPAA
Underreporting
Value of Immunity
Limitations of Immunity
Overreporting
Liability for Failure to Report
State Liability
Liability for Reporting
Bibliography
CHAPTER 44 Domestic Violence Patients*
Introduction
Civil Protection Orders
Criminal Domestic Violence Prosecutions
Impact of Domestic Violence in Other Areas of Law
Conclusion
Bibliography
CHAPTER 45 Geriatric Patients
Introduction
Elder Mistreatment
Guardianship and Its Alternatives
Research With Older Human Participants
Financing Medical Care for Geriatric Patients
Elder Law as a Growing Specialty
Bibliography
CHAPTER 46 Elder Law: Ethical and Legal Issues
Introduction
Elder Rights
Fiduciary Duties
Capacity and Competency
Letter of Capacity (Competency)
Guardian Versus Conservator
Informed Consent and Refusal
Recurring Treatment
Powers of Attorney and Durable Powers of Attorney
Older Driver Safety
Mandatory Reporting
Voluntary Reporting
Liability for Reporting
Potentially Unsafe Older Doctor
Unsafe Doctor
Confidentiality
Advance Care Planning and Directives
Failure to Comply With Patient’s Advance Directive
Examples
Pain Management at the End of Life
End-Stage Heart Failure
Discontinuation of Ventilator Support, Hydration, and Nutrition
Palliative Care Team
Do Not Resuscitate
Cardiopulmonary Resuscitation
Long-Term Care Facilities
Concerns About Long-Term Care Facility Building Structures
Future of Long-Term Care Facilities
Examples
Appendix A
Bibliography
CHAPTER 47 Cancer Genetics: Discrimination and Counseling
Introduction
Molecular Genetic Testing
Chromosomes
Discrimination
Federal Legislation
Task Force on Genetic Information and Insurance
Professional Organization
State Legislation
Genetic Testing
Prevention in High-Risk Individuals
Significant Cases
Bibliography
CHAPTER 48 The Process of Dying*
Introduction
Determination of Death
Brain Death
The President’s Commission on “Defining Death”
Higher Brain Death
Death Certificate
Cause of Death
Custody of the Body and Authorization for Autopsy
The Dying Patient
The SUPPORT Study
Forgoing Life-Sustaining Treatment
Medical Futility
Do-Not-Rescucitate Orders and Futility
Withholding and Withdrawing Treatment From Patients Without Decisional Capacity
The Role of Advance Directives
Care of the Dying Patient
Medical Malpractice in End-Of-Life Care
Care of the Dying Patient and the Criminal Law
Bibliography
CHAPTER 49 Aid in Dying and Palliative Sedation in the United States
Aid in Dying
Oregon’s Death with Dignity Act
The Process of Aid in Dying
Statistics
The Debates About Aid in Dying
Supporters of Aid in Dying
Opponents of Aid in Dying
Palliative Sedation
The Double-Effect Doctrine
Some Final Thoughts
Bibliography
CHAPTER 50 Preparticipation Athletic Screening, Supervision, and Disqualification of Student Athletes: Physician Apprehension of Legal Liability
Introduction
Preparticipation Student Athlete Screening/Supervision/Disqualification
Causes of Injury and Sudden Death in Student Athletes
Musculoskeletal Medical-Legal Cases
Neurological Medical-Legal Cases
Heat Illness Medical-Legal Cases
Cardiovascular Medical-Legal Cases
The Risks to Physicians for Disqualification of Athletes From Competitive Sports
Summary
Bibliography
Part Nine: Professional Medical Liability
CHAPTER 51 Medical Malpractice Stress Syndrome
Introduction
Medical Malpractice Stress Syndrome
Other Examples of Malpractice Cases
Litigation Stress
Physical and Psychological Manifestations of Medical Malpractice Stress Syndrome
Consultation With the Treating Physician
Discussions With Family, Friends, and Defense Counsel
Management of Medical Malpractice Stress Syndrome
Appendix 51 A Medical Malpractice Stress Syndrome Self-Assessment for Physicians
Bibliography
CHAPTER 52 Etiology of Medical Malpractice: Causes of Action
Plaintiff’s Legal Theories or Causes of Action Against a Physician
Wrongful Death
Loss of a Chance of Recovery or Survival
Res Ipsa Loquitur
Battery
Lack of Informed Consent
Abandonment
Breach of Privacy and Confidentiality
Breach of Contract or Warranty to Cure
Products or Strict Liability for Drugs and Medical Devices
Vicarious Liability for the Actions of Other Healthcare Providers
Negligent Referrals
False Imprisonment
Defamation
Failure to Warn and Control
Negligent Infliction of Emotional Distress
Outrage
Failure to Report
Fraud and Misrepresentation (Deceit)
Loss of Consortium
Bibliography
CHAPTER 53 Defenses to a Claim of Medical Malpractice Defenses
Medical Malpractice Defenses
Absence of Duty
No Breach of Duty (Compliance With the Standard of Care)
Lack of Causation
No Damages
Good Samaritan Laws
Agreement With Patient to Exempt Healthcare Provider From Liability
Statutes of Limitations: Failure to File a Malpractice Claim in a Timely Manner
Arbitration Agreement
Federal and State Institutional Immunity
Charitable Immunity
Assumption of the Risk
Contributory and Comparative Negligence
Last Clear Chance and Avoidable Consequences
Prior and Subsequent Negligent Physicians
Satisfaction and Release
Exculpatory Agreements and Indemnification Contracts
Settlement of Malpractice Claim
Bibliography
CHAPTER 54 Medication Errors by Healthcare Providers
Introduction
Definitions
Pharmacy Errors
Examples of Pharmacy Errors
Medical Errors by Prescribers
Herbal Remedies
Serotonin Syndrome
Polypharmacy
Inappropriate Medications
Drug–Drug Interaction
The Prescribing Process
Use of Artificial Intelligence in Drug Discovery and Development
Risk Management
Other Risk Management Suggestions
Bibliography
CHAPTER 55 Medical Testimony and the Expert Witness
Introduction
General Rules of Admissibility
Special Considerations
Conclusion
Bibliography
CHAPTER 56 Physician Conduct at Deposition and at Trial
Introduction
Bibliography
CHAPTER 57 Pretrial, Trial, and Appeal Procedures*
Introduction
Pretrial Matters and Stipulations
Voir Dire the Jury
Opening Statements
Plaintiff’s Proofs
Defendant’s Proofs
Rebuttal Evidence
Closing Arguments
Jury Instructions and Statement of the Issues
Itemization of Damages
Future Damages
Posttrial Matters
Dismissals and Judgments
Proceedings Following Judgment
Appeals
CHAPTER 58 Legal Liability in Clinical Trials Research
INTRODUCTION
Legal Basis of Research Litigation
Potential Actions Against Physician-Researchers
Suits Based on Negligence
Informed Consent
Risk Management and Social Welfare
Bibliography
CHAPTER 59 Medical Product Liability*
Introduction
Hypothetical Case
Issues
Survival Strategies
GOLDEN RULES of Combined Medical Malpractice/Product Liability Suits
Bibliography
CHAPTER 60 Countersuits by Healthcare Providers*
Introduction
Policy Considerations
Malicious Prosecution
Abuse of Process
Defamation
Negligence
Intentional Torts
Constitutional Mandates
Prima Facie Tort
Appeals Results
Summary
Bibliography
CHAPTER 61 Crimes by Healthcare Providers (Part 1)
Introduction
Criminal Investigations Into Healthcare Delivery and Fraud
Collateral Consequences
The Federal Sentencing Guidelines
Basic Applicable Criminal Law, Procedure, and Definitions
Organizational Federal Sentencing
Sentencing Departures, Enhancements, and Adjustments
The First Step Act
Federal Supervised Release and State Probation/Parole
Pretrial Diversion Programs
Lesser Included Offenses
Vicarious Culpability, Coconspirators, and Accessories After the Fact
Conspiracy
Controlled Substances in the Physician’s Practice
Criminal Defenses and Mitigation
Bibliography
CHAPTER 62 Crimes by Healthcare Providers (Part 2)
Introduction
The Money
The Law
The False Claims Act and Qui Tam Actions
The Stark Laws
The Anti-Kickback Statute
The Food, Drug, and Cosmetic Act
The Prescription Drug Marketing Act
The IRS Code
The Affordable Care Act and Fraud and Abuse
Mail and Wire Fraud
The Spectrum of Fraud and Abuse
Healthcare Fraud and Abuse Crimes and Punishment
Racketeer Influenced and Corrupt Organizations
State Law Offenses
Bibliography
CHAPTER 63 Cerebral Palsy Litigation: A Continuing 21st Century Epidemic
Introduction
Cerebral Palsy Litigation Myths
Why Birth Asphyxia? Why Electronic Fetal Monitoring?
Cerebral Palsy Research Begins
Electronic Fetal Monitoring Research Begins
Cerebral Palsy Electronic Fetal Monitoring Litigation
Ignoring Cerebral Palsy Electronic Fetal Monitoring Research
Simple C-Sections?
Precise Electronic Fetal Monitoring Interpretation
Attacking Electronic Fetal Monitoring in Litigation
The End of Cystic Fibrosis Electronic Fetal Monitoring Litigation
Bibliography
Part Ten: Liability of Medical Specialists
CHAPTER 64 Emergency Medicine*
Introduction
Case Presentation
Issues
Survival Strategies
Golden Rules
Bibliography
CHAPTER 65 Family Practice and Internal Medicine Liability*
Introduction
Case Presentation
Issues
More Detailed Look—Traps For Practitioners
Golden Rules of Medical Malpractice Suits: Family Practitioners and Internists
Bibliography
CHAPTER 66 Liability of Cardiologists
Introduction
Unstable Angina
Myocardial Infarction
BIBLIOGRAPHY
CHAPTER 67 Liability of Surgeons
Introduction
Case Presentation
Issues
Survival Strategies and Safeguards
Bibliography
CHAPTER 68 Legal Issues in Newborn Intensive Care*
Introduction
Legal Concepts and Definitions
Live Birth
Wrongful Life
Wrongful Birth
Injury Prior to Birth
If the Fetus Dies in Utero
Civil Law
Criminal Law
Civil Law
When Parent’s Request Care and Clinicians Refuse to Provide Care
Newborns With Disabilities
Anencephaly
Ethics
Bibliography
CHAPTER 69 Pediatric Liability
Introduction
Case Presentation
Issues
Common Malpractice Suits in Pediatrics
Meningitis
Appendicitis
Telephone Triage
Common Malpractice Suits in Neonatology
Delivery Room Management/Resuscitation
Poor Neurological Outcome
Bibliography
CHAPTER 70 Liability in Obstetrics and Gynecology*
Introduction
Delayed Diagnosis of Breast Cancer
Gynecologic Surgery
Failure to Perform Timely Cesarean Section
Wrongful Birth/Conception (Pregnancy)/Life
Bibliography
CHAPTER 71 Liability of the Ophthalmologist
Introduction
Case Presentation
Issues
Survival Strategies
Screening should include
Bibliography
CHAPTER 72 Otolaryngology Liability*
Introduction
Otology
Rhinology
Laryngology
Conclusion
Bibliography
CHAPTER 73 Liability of Radiologists
Introduction
Managing Risk
Types of Radiological Errors
The “Solution”
Case Presentation
Liability Issues
Failure to Correct Discrepancy
Substituted Signature
Survival Strategies
Improve Communication
Conclusion
Bibliography
CHAPTER 74 Liability of Neurologists*
Introduction
Neurology: A High-Risk Specialty?
Neurological Misadventure and Claims Against Neurologists
Specific Neurological Claims
Headache
Cerebrovascular Disease
Epilepsy
Nonmalpractice Liability
Forensic Neurology Liability—The Expert Witness
Bibliography
CHAPTER 75 Liability of Plastic Surgeons*
Introduction
Tort Claims
Claims Experience
Augmentation Mammoplasty
Breast Reduction and Mastopexy
Breast Reconstruction Following Mastectomy
Liposuction (Lipoplasty)
Rhinoplasty
Abdominoplasty
Chemical Peels, Laser Resurfacing, and Dermabrasion
Blepharoplasty (Cosmetic Eyelid Surgery)
Rhytidectomy (Facelift)
Injection of Skin Fillers and Botulinum Toxin
Other Risks
Bibliography
CHAPTER 76 Nursing Liability*
Introduction
Case Presentation
Issues
Negligent Retention and/or Supervision
Vicarious Negligence, or Respondeat Superior
Survival Strategies
Advances in Nursing Artificial Intelligence Technology
The Virtual Nursing Unit
Bibliography
CHAPTER 77 Liability of Pharmacists*
Introduction
Wrong Drug
Wrong Drug Strength
Wrong Directions
Lack of Drug Review
Case Report
Counseling
Non–Bodily Injury
Miscellaneous Errors
Case Report
Distractions
Avoiding Errors and Malpractice
Recommendations for Avoiding Pharmacist Malpractice
Case Reports
Pharmacist Duty to Protect Patients from Harm
Mail-Order Pharmacies
Steps Toward a Better Outcome
Bibliography
CHAPTER 78 Liability of Psychiatrists
Introduction
Survival Strategies
Bibliography
CHAPTER 79 Liability of the Clinical Pathologist
Introduction
Discussion
Misdiagnosis of Surgical Specimens
Misdiagnosis of Frozen Sections
Benign Versus Malignant Tumors: Classification, Grading, and Staging of Malignant Tumors
Failure to Consult Other Pathologists
Failure to Recognize an Inadequate Specimen
Failure to Communicate With the Surgeon in a Timely and Proper Manner
Failure to Resolve Conflicting Diagnoses
Failure to Report Revised Findings
Cytology Studies
Bibliography
CHAPTER 80 Life Care Planning: Ethical and Legal Issues
Introduction
Definition of Life Care Planning
Life Care Planning Process
The Specialty of Life Care Planning
Life Care Planning Certificate and Academic Programs
Professional Life Care Planning Organizations
Professional Life Care Planners
Advantages and Benefits of a Life Care Plan
Physicians and Life Care Planning
Referral Sources
Completion of the Life Care Plan
The Life Care Plan as a Legal Document
Legal and Ethical Principles
Role of the Economist
Acknowledgment
Resources
Bibliography
CHAPTER 81 Liability of Urologists
Introduction
Case (Hypothetical)
Newborn Circumcision
Prostate Cancer
Why Is Screening for Prostate Cancer Controversial?
Benign Prostatic Hyperplasia
The Bladder: Micturition
The Kidney and Ureter
Erectile Dysfunction
Medical Treatment for Erectile Dysfunction
Priapism
Male sterilization
Bibliography
CHAPTER 82 Liability and Risk Management in Anesthesiology
Introduction
American Society of Anesthesiologists
Types of Analgesia and Anesthesia
Complications and Errors Related to Anesthesia
Anesthesia Malpractice Claim
Anesthesia Malpractice Lawsuits
Malpractice Costs
ASA Closed Claim Database
Monitored Anesthesia Care
Obstetrics Anesthesia
Management of Chronic Pain
Failure to Rescue
Follow-Up Study of Anesthesiology Closed Claims
Digital Anesthesia
Drug Delivery Robots
Mechanical Intubation Robots
Anesthesia AI Clinical Support Decisions
Use of AI in Preanesthetic Evaluation
AI Use in Intraoperative Anesthesia Care
Use of AI in Postoperative Anesthesia Care
Risk Management in Anesthesia
Risk Mitigation Strategies
Bibliography
Glossary of AI Terms
Appendix A
Case Index
Subject Index

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