The Physician's Perspective on Medical Law - Volume 1 discusses situations where there may be legal issues involved in the course of evaluating and treating patients. The authors describe the type of information needed to be collected, how to deal with it, how to preserve it and how to communicate it.

The Physician's Perspective on Medical Law - Volume II focuses on the health care system in the U.S. from a physician's perspective. The authors examine and discuss physician licensure, hospital peer review, medical record keeping, and the treatment of Medicare, Medicaid and other types of health insurance.

Available in two formats, The Physician's Perspective on Medical Law - Volumes 1 & 2 make a valuable addition to any physician's library. And now, buy both volumes and save!

Based on interviews with miners, union and company archives, newspapers, and reports by mine inspectors, this study looks at the tragic link between the dust and radiation of St. Lawrence's government mines and approximately 200 fatal cases of lung disease and silicosis among former miners. By chronicling the many forces that created this particular disaster and shaped the response to it, this investigation tackles the larger problem of workplace health and safety, addressing the company disregard and government neglect that allow industrial tragedies such as this to happen and the community efforts to gain recognition of health hazards in the mines and obtain adequate compensation for victims and their families.

Beginning in the mid 1970s the manufacturer of Benedictin was sued repeatedly over allegations that the drug--prescribed for pregnant women to overcome the effects of morning sickness--had caused birth defects. Yet in twenty years no one has collected any damages.
Joseph Sanders offers a comprehensive study of this litigation. Sanders looks at the cases from the different perspectives of the parties involved: attorneys, scientists, and juries. He discusses the role of lawyers in the development of claims and in the litigation, how scientific evidence is used in these trials, and the role of judges in managing and resolving these cases.
Increasingly, courts have decided who will bear the costs of the side effects of many products. These cases often involve thousands of individual law suits and present a variety of issues for the courts, including how to determine factual issues of causation, the value of claims, and how to fairly manage a large volume of claims. And yet the role of the judicial system in resolving liability issues involving large numbers of claims is highly controversial.
This book will appeal to scholars of the American judiciary and those interested in the role of courts in product liability matters.
Joseph Sanders is Professor of Law, University of Houston Law Center.

The perfect textbook for healthcare students who want a fresh, innovative way to understand how law and ethics relate to their studies, placements, and professional practice. By using a unique format made up of frequently asked questions and corresponding answers, Key Questions in Healthcare covers the what, why, where and how in legal and ethical issues related to healthcare. Its easy-to-use layout helps you quickly find informative yet straightforward answers to over 150 questions, helping you to feel confident in your legal and ethical knowledge, without leaving you overwhelmed or confused. All answers are written in-line with Nursing and Healthcare regulations and its conversational writing style will make you feel like you are talking with a lecturer, instructor, or knowledgeable colleague, rather than reading a textbook. The book is appropriate for all levels, from healthcare students in the initial stages of their education, to the advanced practitioner who wishes to refresh their knowledge, or maybe learn something new.

Why do present-day mental health professionals practice the way that they do? Over the past fifty years, a number of landmark court holdings have changed such basic principles as what material is confidential, how civil commitment and involuntary treatment are conducted, and when a therapist has a duty to protect the public from a dangerous patient. Unlike most legal texts, this volume explores these complex principles through the human stories of the litigants involved.

An analysis of the cultural and economic drivers of the growing phenomenon of FGCS, written by cross-disciplinary experts, this book challenges the concept of individual consumer choice in FGCS: a decision that is rarely exercised in a socio-cultural vacuum. Four distinct aspects of FGCS are covered: variations in female genital anatomy; surgical techniques and evidence; historical contexts and ethical dilemmas; norm-critical understandings to inform professional responses. Rendering philosophical critiques accessible, and exposing dubious social values that underpin the practice, this text is crucial in driving a broader understanding of FGCS as a cultural phenomenon of our times. Only with a fuller understanding of the multiple perspectives of FGCS, can there be sensible alternatives for women and girls psychologically troubled by their natural, healthy form. Offering explanations and interventions at individual, institutional and societal levels, this text will be valued by both professional and non-professional audiences.

This book argues against the legalisation of voluntary euthanasia and/or physician-assisted suicide on the ground that, even if they were ethically defensible in certain 'hard cases', neither could be effectively controlled by law. It maintains that the experience of legalisation in the Netherlands, Belgium and Oregon lends support to the two 'slippery slope' arguments against legalisation, the 'empirical' and the 'logical'. The empirical argument challenges the feasibility of drafting and enforcing adequate safeguards against abuse and mistake; the logical argument shows that acceptance of the case for euthanasia in the case of suffering patients who request it logically involves acceptance of euthanasia for suffering patients who are unable to request it, such as infants and those with advanced dementia.

When Henry Morgentaler, Canada’s best-known abortion rights advocate, died in 2013, activists and scholars began to reassess the state of abortion in the country. In this volume, some of Canada’s foremost researchers challenge current thinking about abortion by revealing the discrepancy between what Canadians believe the law to be after the 1988 Morgentaler decision and what people are experiencing on the ground. Showcasing new theoretical frameworks and approaches from law, history, medicine, women’s studies, and political science, these timely essays reveal the diversity of abortion experiences across the country, past and present, and make a case for shifting the debate from abortion rights to reproductive justice.

Preaching Prevention examines the controversial U.S. President's Emergency Plan for AIDS Relief (PEPFAR) initiative to "abstain and be faithful" as a primary prevention strategy in Africa. This ethnography of the born-again Christians who led the new anti-AIDS push in Uganda provides insight into both what it means for foreign governments to "export" approaches to care and treatment and the ways communities respond to and repurpose such projects. By examining born-again Christians' support of Uganda's controversial 2009 Anti-Homosexuality Bill, the book's final chapter explores the enduring tensions surrounding the message of personal accountability heralded by U.S. policy makers. Preaching Prevention is the first to examine the cultural reception of PEPFAR in Africa. Lydia Boyd asks, What are the consequences when individual responsibility and autonomy are valorized in public health initiatives and those values are at odds with the existing cultural context? Her book investigates the cultures of the U.S. and Ugandan evangelical communities and how the flow of U.S.-directed monies influenced Ugandan discourses about sexuality and personal agency. It is a pioneering examination of a global health policy whose legacies are still unfolding.

Abusive Head Trauma in Infants and Children; Medical, Legal, and Forensic Issues combines alt aspects of abusive head trauma cases--medical, social service, investigative, legal and preventive--into one complete reference. All professionals involved in identifing children at risk, diagnosing injuries, investigating allegations, implementing services and strategizing for prevention will find this book a tremendous resource. In addition to reviewing the most up-to-date information on mechanisms of injury, pathophysiology, and physical findings, Abusive Head Trauma in Infants and Children 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 education and prevention. A case study chapter gives the learner an opportunity to apply the information. This textual and visual reference addresses all forms of abusive head trauma--including shaking injuries. These volumes clearly describe the mechanisms involved in inflicted head injuries, and outline steps used to discover abusive head injuries in the absence of the external signs of trauma. Abusive Head Trauma Supplementary 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, and jurors.

Medicine and health care generate many bioethical problems and dilemmas that are of great academic, professional and public interest. This comprehensive resource is designed as a succinct yet authoritative text and reference for clinicians, bioethicists, and advanced students seeking a better understanding of ethics problems in the clinical setting. Each chapter illustrates an ethical problem that might be encountered in everyday practice; defines the concepts at issue; examines their implications from the perspectives of ethics, law and policy; and then provides a practical resolution. There are 10 key sections presenting the most vital topics and clinically relevant areas of modern bioethics. International, interdisciplinary authorship and cross-cultural orientation ensure suitability for a worldwide audience. This book will assist all clinicians in making well-reasoned and defensible decisions by developing their awareness of ethical considerations and teaching the analytical skills to deal with them effectively.

There is an increasing demand for gestational surrogacy in current reproductive medicine practice. Infertile couples often engage overseas surrogates, which increases the risk for legal and ethical complications. This book provides clinical guidance on the provision of gestational surrogacy on a worldwide basis, with brief summaries of the legal position within countries where it is offered. This volume provides a comprehensive overview of surrogacy for clinicians, counsellors, attorneys, legislators and anyone interested in reproductive health policy by filling an immediate niche as a resource for those interested in third-party reproductive treatments.

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 timely and provocative analysis of the broad range of policy issues raised by stem cell science and how lawmakers should address them The explosion of interest in stem cell research raises a raft of controversial policy questions. When should human embryos be used to create stem cells? Should cloning be outlawed? Should egg and tissue donors be paid? Should we allow scientists to patent stem cells? Is the government entitled to a portion of the revenue from stem cell technology created with public funds? How should the regulators and courts balance the competing goals of access to revolutionary treatments and protection of the public from unknown risks? Russell Korobkin, with contributions from Stephen R. Munzer, provides the first thorough discussion and analysis of these and other unsettled questions of law, policy, and ethics that surround stem cell science. His clear and concise description of complex problems coupled with logical and well-balanced conclusions makes this volume essential reading for all Americans, general readers and experts alike, interested in the promise of stem cell research and the future of regenerative medicine.

Medicaid is a state administered program and each state sets its own guidelines regarding eligibility and services. Many groups of people are covered by Medicaid. Even within these groups, though, certain requirements must be met. These may include age, pregnancy, disability, or blindness; income and resources (like bank accounts, real property, or other items that can be sold for cash); and status as either a citizen or a lawfully admitted immigrant. The rules for counting income and resources vary from state to state and from group to group. There are special rules for those who live in nursing homes and for disabled children living at home. This book discusses these factors.

The Common Rule (45 CFR 46, Subpart A) governs research that is conducted on human beings if it is funded by one of 18 federal agencies. It requires a review of proposed research by an Institutional Review Board (IRB), the informed consent of research subjects, and institutional assurances of compliance with the regulations. In 1974, 45 CFR 46 was published following some cases of harm to human subjects, such as those caused by thalidomide drug trials and the United States Public Health Service syphilis study in Tuskeegee, Alabama. The regulations had their roots in numerous international agreements, such as the Nuremberg Code and the Declaration of Helsinki, and domestic policies, such as those put forth by the Department of Health, Education and Welfare (DHEW; now the Department of Health and Human Services, HHS). In 1991, 16 federal agencies adopted 45 CFR 46, Subpart A, which then became known as the Common Rule. Since the Common Rule took effect, events like the death of Jesse Gelsinger in 1999 due to his participation a clinical trial have prompted scrutiny of the Rule and its ability to protect research subjects. In order to help enhance research subject protections, in 2000 HHS removed the Office for Protection from Research Risks (OPRR) from the National Institutes of Health (NIH), and created a new office -- the Office for Human Research Protections (OHRP) -- in an elevated position in HHS. In addition, groups like the National Bioethics Advisory Commission and the National Academies raised the following policy questions: (1) Should the Common Rule be applied to non-federally funded research, social and behavioural research, international clinical trials, and research with human biological materials? (2) Do existing provisions ensure the participation and protection of children, prisoners, minorities, those with diminished capacity, pregnant women, foetuses, neonates, and people in emergency situations? (3) What should be the requirements regarding IRBs' membership, responsibilities, training, and registration? (4) How should conflicts of interest, accreditation, ongoing research, and adverse event reporting be handled? (5) How should basic and research-related medical care's cost, and IRB liability for harm be handled? (6) How should the human subjects protection system be reassessed, adequate resources ensured, and the burdens and benefits of amending regulations appropriately weighed? (7) How does 45 CFR 46 interact with the Food and Drug Administration (FDA) regulations for the protection of human subjects (21 CFR 50 and 56), and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (45 CFR 146)?

Assesses the impact of MICRA's limits on plaintiffs' awards and attorneys' fees on final judgments in medical malpractice cases A model for limits on trial awards and attorneys' fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at USD250,000 and limits plaintiffs' attorney fees. The authors examine the effects these limits have on both plaintiffs' awards and defendants' liabilities.

`This is good value for trainees and experienced practitioners alike, provoking reflection and providing a useful reference source' - Sally Scott, Healthcae Counselling and Psychotherapy Journal

Counsellors and psychotherapists are increasingly seeing the impact of legal issues on their practice and yet many feel under-prepared for the challenges they have to face. Legal Issues in Counselling & Psychotherapy is a much-needed source of advice and reference which examines the rapidly growing range of situations in which therapists find themselves in contact with the law - in their everyday practice, in specialist work, or when facing a legal case against them.

The first part covers the current legal context of therapeutic work including confidentiality, contracts, data protection and court reports. Chapters include: defining work by leading writers from the therapeutic and legal worlds, as well as an illuminating account by a client who brought a successful case against her therapist.

Some areas of therapeutic work are particularly circumscribed by legal issues and the second part examines the specific implications for therapists in relation to:

- working with survivors of sexual abuse

-working in legal settings

-false memory

-the Human Rights Act.

Looking to the future, the book also examines the implications of professional regulation for all counsellors and psychotherapists.

The need for counsellors and psychotherapists to be well informed about the law is rapidly growing. Legal Issues in Counselling & Psychotherapy therefore provides access to essential information which will be of great value to trainees, practitioners and supervisors.

"Could I be sued?" The exploding number of malpractice lawsuits in recent years has brought this question to the mind of every clinician---the conscientious as well as the negligent. A unique and practical guide to clinical risk management, this book combines the expertise of mental health professionals, judges, attorneys, and insurance industry experts, to help the clinician provide effective treatment while reducing the risk of legal liability. Wide-ranging, clinically based, and up to date, it will be a welcome guide for medical and surgical practitioners as well. The first section gives clinicians a working knowledge of legal regulation in psychiatry and medicine, covering informed consent, documentation of patient care, and potential conflicts of interest. The second section identifies high-risk areas for lawsuits, including managing suicidal and violent patients, boundary violations, supervision issues, prescription of medications, liability in managed care settings, and treatment termination. The book concludes with a primer on clinical testimony in the courtroom. The broad range of distinguished contributors to this volume will provide a survival guide to clinicians in the increasingly complex and rapidly changing world of health care.

Blank and Merrick argue that medical advances, changing social values, and novel legal cases challenging conventional notions of reproductive rights, raising questions and creating difficult policy dilemmas.

This volume focuses on the conflicts surrounding reproduction and reproductive rights. Restricted access to abortion, rights of surrogate and biological mothers, the right to control fertility, fetal and embryo research, and a pregnant woman's duty to avoid risk are among the timely issues explored in this book. Conflicts in the maternal-fetal relationship, such as court-ordered intervention, maternal substance abuse, and workplace hazards are also covered.

On any given day in the emergency department, the chance of confronting a medical-legal dilemma is significant. Emergency medicine and critical care practitioners may have to deal with malpractice claims, informed consent, protection of minors, resuscitation, operational issues and legal compliance requirements frequently. Substantial knowledge of the law as it pertains to their emergency care and acute care practice is essential. Legal Issues in Emergency Medicine is an invaluable resource for medical practitioners, legal practitioners and administrators in practice and in training. The book covers key topics that have direct relevance to day to day acute patient care practice. Each topic includes a clinical vignette, followed by a review of the legal controversy, current medical scientific evidence, case law and preventative solutions to the dilemma. This approach allows practitioner exposure to a wide variety of medical-legal problems, allowing a pre-emptive, informed approach to problem solving.

Surgeons have a duty to provide accurate information before asking for consent for surgery, and patients are increasingly interested in obtaining as much information as possible regarding their procedures. Consent in Surgery addresses these vital areas, outlining the consent process for common surgical procedures, including indications, benefits, risks/complications, alternative treatment options, a brief description of each procedure and summaries of the relevant scientific evidence. It contains procedures from subspecialties including cardiothoracic surgery, neurosurgery, general surgery, paediatric surgery, plastic and reconstructive surgery, trauma and orthopaedic surgery, otolaryngology and urology. The procedures included fall within the Intercollegiate Surgical Curriculum Project and MRCS syllabi, and are assessed during higher specialist training, making the book an essential revision and interview preparation tool. 'Helpful to all surgeons in their general approach to this issue and to those in each of the specialties with regard to specific operations.' - From the Foreword by John Black 'A welcome guide, written by authoritative voices and of digestible length. This volume on consent should be in every ward library, close to hand for the ever more rapidly changing teams managing surgical patients.' - From the Foreword by Tim Goodacre

Children and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area. This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law. Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.