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Books > Medicine > General issues > Medicolegal issues
"Senator Tom Daschle's narrative of what went on behind the scenes in the making of the new health care legislation delivers a powerful lesson in the workings of American politics."
Combining his insights as a health care expert and his political expertise, this is the inside story about how the new legislation came together: from the persistence of President Obama to the subsequent efforts--and counter efforts--within the Senate and the House. In Daschle's hands, this becomes a dramatic personal story and a remarkable lesson in politics at the highest level.
The second and thoroughly revised edition of the 1999 reference provides substantially expanded citations in vital areas such as institutional liability, genetics, managed care, integrated delivery systems, professional regulation, and antitrust law. This comprehensive reference work is unique in its scope, accuracy, timeliness, and viability. It is endorsed by the American Health Lawyers Association and the American Hospital Association.
Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking (MIT Press, 2004) and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University.
This third book in the authoritative BACP Legal Resources for Counsellors and Psychotherapists series provides a user-friendly guide to the law for all those practising and training in the counselling profession. Barbara Mitchels and Tim Bond make legal issues relevant and bring them alive for the practitioner. Packed with practical examples, this book covers essential areas of law for practitioners including - professional ethics and standards - negligence - contracts and premises - employment and insurance - dealing with legal claims - professional diligence. Other features include a glossary, tables and flowcharts as well as a comprehensive index of resources and organisations for additional information and guidance. This readable book helps practice managers, counsellors and psychotherapists to recognise, understand and address legal issues that may arise in their practice, and assists them in finding any additional resources they may need. Demystifying the law, this book is an authoritative guide for therapists, including those working in private practice, as well as being important reading for all those studying counselling, psychotherapy or clinical psychology.
A much-needed and hard-hitting plan, from one of the great Democratic minds of our time, to reform America's broken health-care system. Undoubtedly, the biggest domestic policy issue in the coming years will be America's health-care system. Millions of Americans go without medical care because they can't afford it, and many others are mired in debt because they can't pay their medical bills. It's hard to think of another public policy problem that has lingered unaddressed for so long. Why have we failed to solve a problem that is such a high priority for so many citizens? Former Senate Majority Leader Tom Daschle believes the problem is rooted in the complexity of the health-care issue and the power of the interest groups--doctors, hospitals, insurers, drug companies, researchers, patient advocates--that have a direct stake in it. Rather than simply pointing out the major flaws and placing blame, Daschle offers key solutions and creates a blueprint for solving the crisis. Daschle's solution lies in the Federal Reserve Board, which has overseen the equally complicated financial system with great success. A Fed-like health board would offer a public framework within which a private health-care system can operate more effectively and efficiently--insulated from political pressure yet accountable to elected officials and the American people. Daschle argues that this independent board would create a single standard of care and exert tremendous influence on every other provider and payer, even those in the private sector. After decades of failed incremental measures, the American health-care system remains fundamentally broken and requires a comprehensive fix. With his bold and forward-looking plan, Daschle points us to the solution.
The State Children's Health Insurance Program (SCHIP) offers federal matching funds for states and territories to provide health insurance to uninsured, low-income children in families whose annual incomes are too high to qualify for Medicaid. Unlike Medicaid, which operates as an individual entitlement, SCHIP operates as a capped grant program. Allotment of funds among states is determined by a formula set in law. Once a state depletes a given year's original allotment, other than funds from prior years made available through redistribution, no additional federal funds will be made available to that state for that year. States have the flexibility to design their programs to operate within these funding constraints. The allotment and redistribution methods under current law have been incompatible with state spending patterns to date.
As The Profession Of Physical Therapy Continues Its Growth Toward Autonomous Practice, The Physical Therapist, Physical Therapist Assistant And Student Are Going To Face Liability Risks And Exposure Like Never Before. Physical Therapist's Business Practice And Legal Guide Provides The Tools Needed To Integrate Risk Management Practices Into The Daily Patient Care Routine. Each Chapter Includes Key Concepts And Discussion Questions. Specific Cases Are Also Discussed To Explain And Support Legal Concepts And How These Set The Stage For Future Risks Exposure.
This timely book analyses and evaluates ethical and social implications of recent developments in reporting surgeon performance. It contains chapters by leading international specialists in philosophy, bioethics, epidemiology, medical administration, surgery, and law, demonstrating the diversity and complexity of debates about this topic, raising considerations of patient autonomy, accountability, justice, and the quality and safety of medical services. Performance information on individual cardiac surgeons has been publicly available in parts of the US for over a decade. Survival rates for individual cardiac surgeons in the UK have recently been released to the public. This trend is being driven by various factors, including concerns about accountability, patients??? rights, quality and safety of medical care, and the need to avoid scandals in medical care. This trend is likely to extend to other countries, to other clinicians, and to professions beyond health care, making this text an essential addition to the literature available.
Medical law and ethics are frequently referred to in conjunction, and appear together in many textbooks. But do they combine to form a cohesive unit, and do they benefit each other? It may be argued that they do not, but rather suffer a symbiotic relationship, clashing rather than cooperating. Medical Ethics and Medical Law examines this relationship, and how the law sees medical ethics. It then considers whether medical ethics function in the way that the law thinks that it does. After providing a historical perspective that identifies medical ethics discourse as disjointed and fragmented, the book continues by examining key medico-legal case law and reports that have an inherent ethical content for clues as to how they define medical ethics and its role. The book also considers how medical ethics sees the law, concluding that a misapprehension by each party as to what the other does creates a mutually harmful relationship between them.
Abusive Head Trauma in Infants and Children combines all aspects of abusive head trauma cases into one complete reference for clinicians, investigators, prosecutors, and social workers. The text details the application of medical science to the investigation and prosecution of these cases, as well as issues of long-term outcome, developmental and educational needs, and strategies for community-based education and prevention.
... this book has a much greater value in approaching the particularly difficult field of non-accidental head injuries (NAHI) in children than many sophisticated articles in high-ranked medical journals... This book will affect considerably the approach of the reader to suspected NAHI cases. The book is well worth the couple of hours needed to read it.' - Forensic Science, Medicine and Pathology 'The book provides a logical and thorough overview of a complex and often emotive subject from a professional and objective stance without any obvious bias... In summary, this excellent book provides an insight into the controversial area of non-accidental head injury in babies and infants and will be of interest to paediatricians, social workers, the legal profession and a small number of paediatric nurses, some of whom may come into contact with these families.' - British Journal of Neuroscience Nursing 'For readers in a variety of disciplines, Cobley (Cardiff Law School, Wales) and Sanders (Medical Sociology, U. of Manchester) explore challenges of responding to head injury in small children that are not due to accident. The research project underlying the study investigated the quantity and quality of evidence recorded when a subdural haemorrhage is detected, and evaluated the use made of such evidence in making decisions that determine the social and legal consequence for the victims and their families. The methodology and raw results of the research are appended.' - www.booknews.com This academic research volume explores non-accidental head injury in babies and young children, covering medical, social, and legal aspects of this phenomenon, as well as the responsibilities of professionals, child protection agencies and the media in this area. Non-accidental head injury is often referred to as being synonymous with 'shaken baby syndrome' (SBS) - a term which has attracted a great deal of controversy in recent years due to both disagreement about its cause and the reliability of eyewitness testimony. The authors investigate the existing evidence surrounding SBS and its recognition and construction, including medical versus social explanations and the difficulties involved in proving abuse. The reliability of eyewitness and expert testimony are discussed in the context of the concept of proof, as is the social backlash against high profile media cases such as those of Sally Clarke, Trupti Patel and Angela Cannings. The authors argue for an examination of non-accidental head injury rather than SBS, as this term encompasses other forms of abuse as well as shaking, and caution against a blind acceptance of medical testimony, arguing that this may impede child protection agencies' ability to assess cases objectively and accurately. They also consider the effectiveness of prevention strategies in reducing the incidence of child abuse cases. This insightful book is essential reading for social workers, lawyers, health professionals, and those working with child protection agencies.
This text is offered as a medical legal resource of the physician assistant profession. It is intended for use through all phases of the professional development of the physician assistant, from the high school student sorting through options in career choices, to physician assistant students, practicing physician assistants and supervisory physicians, or those who are considering practicing with a physician assistant. The history and development of the profession is reviewed, allowing an understanding of the role the physician assistant plays in the healthcare team approach to patient care. The scope of practice is defined, along with the key collaboration between the physician assistant and the supervising physician. Regulatory requirements are delineated by state, including basic requirements and maintenance of licensure and certification.
This Basic Legal Guide Contains The Extensive Information Respiratory Therapists Need To Know About The Court System, Lawyers, Law, And Litigation. Written By Tony Dewitt, A Lawyer And Therapist With 13 Years Of Clinical Experience Ranging From Floor-Therapy To Administrative And Management Functions, This Book Combines The Author's Knowledge Of The Complex Interactions In The Legal System And How The Legal System Relates To Therapy Delivered At The Bedside. The Respiratory Therapist's Legal Answer Book Presents 16 Areas Of The Law, Including Medical Negligence, Hospital Law And Employment Law, Contains A Series Of Questions And Answers About The Subject Areas Of The Law, And Provides Extensive Guidance For Therapists Navigating The Treacherous Currents Of Ever-Changing Laws.
Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance, and tort litigation.
Abusive Head Trauma CD-ROM depicts how head injuries occur using 3-D images and animation. This product is valuable for explaining the complex biomechanics of abusive head injury to investigators, mandated reporters, judges, and jurors. Detailed forensic animations created under the direction of a nationally recognized head trauma expert make this multimedia resource a necessary addition to the library of any prosecutor, police officer, emergency medical professional, or child advocate. Anyone who has ever encountered suspected abusive head injury knows the challenges involved with proving that suspicion. This reference provides diagnostic information to definitively determine whether the injuries are abusive or nonabusive.
The Swine Flu Affair contains a reconstruction of the events leading up to and surrounding the swine flu immunization program, which has been gathered by combining press accounts, hearings, official files, and interviews with participants. This study will be of value to all who are interested in the process by which large decisions are made.
Why is it so difficult to find a good doctor, and see the doctor when you have a problem? Why are you told to "go to the emergency room?" Why is your "doctor" a nurse practitioner? The U.S. health care system, heralded as the finest in the world, has been in decline for a number of years. Here are the explanations for the decline in availability of primary health care, its increasing cost, and the increasingly impersonal care encountered by the patient. Dr. Rosenblum, chosen by his peers as a leading physician in his community, clarifies the many issues contributing to deterioration of health care. He employs his experience as an internist, and interviews with key individuals involved in health policy and health care delivery. He proposes solutions to halt the disintegration of primary health care, which if restored to its former position of prominence, would reverse the downhill course of medical care in the United States.
The Encyclopedia of Work-Related Illnesses, Injuries, and Health Issues is a complete reference to the relationship between individual health and the workplace and the rights of employees. It explains the issues in high-risk industries such as construction, mining, and farming and it explains the factors affecting industries such as hospitals and groceries where the risk of nonfatal injury is a serious threat. Covering stress and health concerns peculiar to the modern office, such as carpal tunnel syndrome and sick building syndrome, the book also discusses child labor laws, workmen's compensation and health insurance. Appendixes include a bibliography and directory of resources
Shapiro has updated his 1995 edition to include the latest US Supreme Court cases on abortion. The court cases are presented in edited form for use in the undergraduate and graduate classroom in a variety of disciplines. Shapiro provides a lengthy introduction to elucidate the complexities of this controversial issue.
Life expectancy is an important issue in cases of serious personal injury. This book explains how to calculate life expectancy, and how to avoid common mistakes and misunderstandings. Basic concepts are illustrated with data from studies involving a wide range of conditions, including alcoholism, cerebral palsy, colon cancer, diabetes, and spinal cord injury (tetraplegia). There are also case studies of three of the major topics in life expectancy -- cerebral palsy; traumatic brain injury; and tetraplegia. The chapters are user-friendly, with extensive use of visual aids such as graphs and tables. The subject of epidemiology is at the heart of the methods that are discussed, and additional reading sources are suggested for those readers who would like to learn more about this important area of modern medicine.
Many advocates of euthanasia consider the criminal law to be an inappropriate medium to adjudicate the profound ethical and humanitarian dilemmas associated with end of life decisions. Euthanasia, Death with Dignity and the Law examines the legal response to euthanasia and end of life decisions and considers whether legal reform is an appropriate response to calls for euthanasia to be more readily available as a mechanism for providing death with dignity. Through an analysis of consent to treatment, living wills and autonomous medical decision making, euthanasia is carefully located within its legal, medical, and social contexts. This book focuses on the impact of euthanasia on the dignity of both the recipient and the practitioner while emphasizing the legal, professional, and ethical implications of euthanasia and its significance for the exercise of clinical discretion. It will provide a valuable addition to the euthanasia debate.
Various types of traditional medicine and other medical practices referred to as complementary or alternative medicine are increasingly used in both developing and developed countries. In order to promote safe and appropriate use of these medicines and practices, as well as to ensure the quality of service and practitioners, national regulations are vital. Establishing national policies on traditional medicine, and/or complementary/alternative medicine and their medical practices, should therefore include creation of legal frameworks. This review summarizes the legal status of several major practices in traditional medicine and complementary/alternative medicine in 123 countries. It includes data on: the use of traditional and complementary/alternative medicine; the regulatory situation of traditional and complementary/alternative remedies and practitioners; health insurance coverage of traditional and complementary/alternative medicine; education and training of practitioners of traditional and complementary/alternative medicine. Information provided in this review will be useful not only to policy makers, but also to researchers, universities, the public, insurance companies and pharmaceutical industries.
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