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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
- eBook ISBN: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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Request a sales quoteAuthored 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.
- Addresses the legal aspects of almost every medical topic that impacts health care professionals, using actual case studies to illustrate nuances in the law.
- Offers the expert guidance of top professionals across medical and legal fields in an easy-to-read format.
- Includes new chapters on Legal Medicine History; Healthcare Technology; Patients with Infectious Diseases (HIV Infection and COVID-19); General Pain Management; Opioids and Illicit Drugs: Misuse, Abuse and Addiction; Cannabis (Marijuana); Drug (Treatment) Courts; and Public Health Law and Policy.
- Provides authoritative information on current issues such as the high costs of medical liability insurance for practitioners and organizations; changes in health care and the law, including HIPAA and patient privacy; the overturning of Roe v. Wade; the opioid epidemic, and more.
- Features Key Points boxes to open every chapter, Pearls boxes to call out important details, additional diagrams and tables throughout, a glossary of medical terms, and updated references and suggested readings.
- Serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).
- Enhanced eBook includes complimentary access to the 3rd edition of the ABLM Board Review Exam & Study Guide, containing 2000 review questions and answers.
- An eBook version is included with purchase. The eBook allows you to access all of the text, figures, and references, with the ability to search, customize your content, make notes and highlights, and have content read aloud. Additional digital ancillary content may publish up to 6 weeks following the publication date.
Physicians (Internal Medicine and across specialties), registered nurses, hospital administrators, pharmacists, physician assistants, nurse practitioners and health lawyers
- 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
- No. of pages: 740
- Language: English
- Edition: 8
- Published: May 29, 2024
- Imprint: Elsevier
- Paperback ISBN: 9780443121289
- eBook ISBN: 9780443284250
- eBook ISBN: 9780443124617
A
American College of Legal Medicine
ACLM is a national medical specialty society recognized by AMA, as shown in the list of member organizations of the AMA House of Delegates (https://www.ama-assn.org/house-delegates/hod-organization/member-organizations-ama-house-delegates).
A
American Board of Legal Medicine
ABLM is the accrediting body for the ACLM.
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