Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9780763724948 | 0763724947
- Cover: Hardcover
- Copyright: 1/1/2002
Demonstrates once again why professional and instructors nationwide rely on George Pozgar to make the study of the legal aspects of health care administration meaningful and memorable.
George D. Pozgar, MBA, CHE, is President of his own firm, Gp Health Care Consulting, in Annapolis, Maryland
Preface | p. ix |
Acknowledgments | p. xiii |
Introduction to Law | p. 1 |
Sources of Law | p. 1 |
Government Organization | p. 7 |
Administrative Departments and Agencies | p. 11 |
Tort Law | p. 18 |
Introduction | p. 19 |
Intentional and Negligent Wrongdoing | p. 19 |
Negligence | p. 20 |
Intentional Torts | p. 30 |
Products Liability | p. 40 |
Criminal Aspects of Health Care | p. 47 |
Introduction | p. 48 |
Criminal Procedure | p. 48 |
Case Reviews | p. 49 |
Patient Abuse | p. 59 |
Contracts and Antitrust | p. 69 |
Introduction | p. 70 |
Purpose of a Contract | p. 70 |
Types of Contracts | p. 70 |
Elements of a Contract | p. 71 |
Competent Parties | p. 72 |
Legality of Object | p. 73 |
Statute of Frauds | p. 73 |
Conditions | p. 74 |
Performance | p. 74 |
Nonperformance Defenses | p. 74 |
Remedies | p. 74 |
State Laws/Uniform Commercial Code | p. 75 |
Contracts of Adhesion | p. 75 |
Guaranty and Warranty | p. 75 |
Employment Contracts | p. 75 |
Exclusive Contracts | p. 77 |
Restraint of Trade | p. 80 |
Hospital Staff Privileges | p. 83 |
Patient Transfer | p. 84 |
Insurance Denials | p. 86 |
Civil Procedure and Trial Practice | p. 89 |
Introduction | p. 90 |
Pleadings | p. 90 |
Discovery and Examination before Trial | p. 92 |
Motions | p. 94 |
Notice of Trial | p. 94 |
Memorandum of Law | p. 95 |
The Court | p. 95 |
The Jury | p. 95 |
Subpoenas | p. 96 |
Opening Statements | p. 96 |
Burden of Proof | p. 96 |
Evidence | p. 100 |
Defenses against Recovery | p. 106 |
Closing Statements | p. 114 |
Judge's Charge to the Jury | p. 115 |
Jury Deliberation and Determination | p. 115 |
Damages | p. 116 |
Appeals | p. 119 |
Execution of Judgments | p. 120 |
Corporate Liability | p. 124 |
Introduction | p. 124 |
Authority of Health Care Corporations | p. 125 |
Corporate Organization and Committee Structure | p. 126 |
Doctrine of Respondeat Superior | p. 128 |
Corporate Negligence | p. 131 |
Duties of Health Care Corporations | p. 133 |
CEO/Administrator's Role and Responsibility | p. 141 |
Medical Staff | p. 143 |
Medical Staff | p. 146 |
Introduction | p. 146 |
Medical Staff Organization | p. 146 |
Medical Staff Privileges | p. 148 |
Delineation of Clinical Privileges | p. 150 |
Appeal Process | p. 152 |
Physician Supervision and Monitoring | p. 152 |
Reappointments | p. 153 |
Medical Director | p. 153 |
Negligent Acts | p. 154 |
Physician-Patient Relationship | p. 178 |
Nursing and the Law | p. 181 |
Historical Perspective | p. 182 |
The Practice of Nursing | p. 182 |
The Broadening Scope of Practice | p. 183 |
Nurse Licensure | p. 184 |
American Nurses Association | p. 185 |
National League for Nursing | p. 185 |
Nurse Practice Roles | p. 185 |
Negligent Acts | p. 192 |
Liability by Departments and Health Care Professionals | p. 213 |
Introduction | p. 214 |
Ambulatory Care Centers | p. 214 |
Anesthesia | p. 214 |
Chiropractor | p. 215 |
Dentistry | p. 216 |
Emergency Department | p. 217 |
Environment of Care | p. 227 |
Laboratory | p. 234 |
Medical Imaging | p. 235 |
Nutritional Services | p. 238 |
Paramedic | p. 238 |
Pharmacy | p. 239 |
Physical Therapy | p. 242 |
Physician's Assistant | p. 243 |
Podiatrist | p. 243 |
Respiratory Therapist | p. 243 |
Sexual Improprieties | p. 243 |
Surgery | p. 244 |
Certification of Health Care Professionals | p. 245 |
Licensing of Health Care Professionals | p. 245 |
Helpful Advice for All Health Care Professionals | p. 246 |
Information Management and Health Care Records | p. 249 |
Introduction | p. 249 |
Managing Information | p. 249 |
Medical Records | p. 250 |
Patient Consent | p. 273 |
Introduction | p. 274 |
Consent--A Definition | p. 274 |
Patient Self-Determination Act | p. 274 |
Informed Consent | p. 275 |
Right To Refuse Treatment | p. 283 |
Proof of Consent | p. 284 |
Who May Consent | p. 285 |
Religious Beliefs | p. 288 |
Refusal of Treatment | p. 289 |
Release Form | p. 289 |
Exculpatory Agreement | p. 289 |
Statutory Consent | p. 290 |
Consent and Judicial Intervention | p. 290 |
Defense and Failure To Inform | p. 290 |
Legal Reporting Requirements | p. 294 |
Introduction | p. 294 |
Child Abuse | p. 294 |
Elder Abuse | p. 296 |
Communicable Diseases | p. 296 |
Births and Deaths | p. 296 |
Suspicious Deaths | p. 296 |
Reporting Professional Misconduct--National Practitioner Data Bank | p. 297 |
Risk Management/Incident Reporting | p. 298 |
Sentinel Event Reporting/Joint Commission | p. 299 |
Corporate Compliance Programs | p. 300 |
Issues of Procreation | p. 303 |
Introduction | p. 304 |
Abortion | p. 304 |
Circuit Court Decisions | p. 306 |
State Regulation | p. 308 |
Sterilization | p. 312 |
Artificial Insemination | p. 313 |
Wrongful Birth, Wrongful Life, and Wrongful Conception | p. 314 |
Patient Rights and Responsibilities | p. 321 |
Introduction | p. 322 |
Patient Rights | p. 322 |
Admission | p. 322 |
Discharge | p. 324 |
Transfer | p. 326 |
Patient Bill of Rights | p. 326 |
Patient Responsibilities | p. 327 |
Patient Advocacy | p. 328 |
Acquired Immune Deficiency Syndrome | p. 331 |
Introduction | p. 331 |
Spread of AIDS | p. 332 |
AIDS and Health Care Workers | p. 334 |
Suspension of Surgical Privileges | p. 334 |
Confidentiality | p. 334 |
Medical Records | p. 336 |
AIDS and the Right To Know | p. 336 |
AIDS--The Right To Treatment | p. 336 |
Mandatory Testing | p. 336 |
News Media and Confidentiality | p. 336 |
Discrimination | p. 337 |
Negligence | p. 338 |
Criminal Actions | p. 338 |
Reporting Requirements | p. 339 |
AIDS Emergency Act | p. 339 |
Occupational Safety and Health Act | p. 339 |
AIDS Education | p. 339 |
Health Care Ethics | p. 342 |
Introduction | p. 343 |
Ethics Committee | p. 343 |
End-of-Life Issues | p. 345 |
Autopsy | p. 363 |
Organ Donations | p. 365 |
Experimentation | p. 367 |
Malpractice Insurance | p. 374 |
Introduction | p. 374 |
The Insurance Policy | p. 375 |
Liability of the Professional | p. 375 |
The Insurance Agreement | p. 376 |
Medical Liability Insurance | p. 378 |
Medical Malpractice Insurance Associations | p. 379 |
Self-Insurance | p. 379 |
Trustee Coverage | p. 379 |
Mandated Medical Staff Insurance Coverage | p. 380 |
Investigation and Settlement of Claims | p. 380 |
Labor Relations | p. 382 |
Introduction | p. 383 |
Unions and Health Care Organizations | p. 383 |
Federal Labor Acts | p. 383 |
State Laws | p. 390 |
Labor Rights | p. 392 |
Management Rights | p. 392 |
Equal Employment Opportunity--Affirmative Action Plan | p. 393 |
Patient Rights during Labor Disputes | p. 394 |
Injunctions | p. 394 |
Administering a Collective Bargaining Agreement | p. 394 |
Employment, Discipline, and Discharge | p. 397 |
Introduction | p. 398 |
Employment at Will | p. 398 |
Public Policy Issues | p. 399 |
Interference with Employment Activities | p. 402 |
Defamation Actions | p. 402 |
Retaliatory Discharge | p. 402 |
Fairness--The Ultimate Test | p. 403 |
Unemployment Compensation | p. 404 |
Termination | p. 405 |
Effective Hiring Practices | p. 408 |
Managed Care and Organizational Restructuring | p. 411 |
Introduction | p. 411 |
Common Models of Managed Care Organizations | p. 412 |
Horizontal Consolidations | p. 413 |
Federally Qualified HMOs | p. 413 |
State Laws | p. 414 |
Case Management Firms | p. 414 |
Third-Party Administrators | p. 414 |
Utilization Review | p. 414 |
Liability for Nonparticipating Physicians | p. 415 |
Employee Retirement Insurance Security Act | p. 415 |
Reducing Exposure to Liability | p. 415 |
Health Care Quality Improvement Act of 1986 | p. 415 |
Managed Care and Legal Actions | p. 416 |
Antitrust | p. 418 |
Corporate Reorganization | p. 420 |
Restructuring Alternatives | p. 422 |
General Considerations | p. 423 |
Medical Staff and Restructuring | p. 424 |
Fund-Raising | p. 424 |
Regulatory Authority Checklist | p. 425 |
Anticompetition | p. 425 |
Safe-Harbor Regulations | p. 426 |
Statements of Antitrust Enforcement Policy in the Health Care Area | p. 427 |
Tort Reform and Reducing the Risks of Malpractice | p. 431 |
Introduction | p. 431 |
Arbitration and Mediation | p. 431 |
Structured Awards | p. 431 |
Pretrial Screening Panels | p. 432 |
Collateral Source Rule | p. 432 |
Contingency Fee Limitations | p. 433 |
Frivolous Claims | p. 434 |
Joint and Several Liability | p. 434 |
Malpractice Caps/Award Limitations | p. 434 |
No-Fault System | p. 435 |
Peer Review Organizations | p. 435 |
Medical Misconduct | p. 436 |
Regulation of Insurance Practices | p. 436 |
Setting Standards of Medical Care | p. 436 |
National Health Care Reform | p. 436 |
Risk Management | p. 437 |
Continuous Quality Improvement | p. 437 |
Zero Tolerance | p. 442 |
Introduction | p. 442 |
Leadership | p. 443 |
Planning | p. 443 |
Resource Allocation | p. 444 |
Performance Improvement (PI) | p. 444 |
Human Resources | p. 445 |
Infection Control | p. 446 |
Information Management | p. 446 |
Patient Assessment | p. 446 |
Emergency Department | p. 447 |
Environmental Safety | p. 448 |
Laboratory | p. 450 |
Medical Staff | p. 450 |
Medication Use | p. 451 |
Pastoral Care Services | p. 452 |
Patient Complaint Process | p. 453 |
Patient Care Unit | p. 453 |
Patient and Family Education | p. 453 |
Patient Rights | p. 453 |
Radiology | p. 454 |
Resource Center | p. 454 |
Respiratory Care | p. 454 |
Sterile Supply | p. 454 |
Surgery | p. 454 |
Web Sites | p. 455 |
Glossary | p. 456 |
Index of Cases | p. 462 |
Index | p. 470 |
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