|
Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
In caring for a pregnant women, physicians consider the health of
two biologically linked, yet individually viable patients. Viewed
as an organic whole, the combined maternal-fetal benefit of
proposed interventions is weighed against the combined burdens. The
complexity of maternal-fetal conflicts (MFC) places the medical
profession in a position where the provider's determination in
doing what is believed to be the best is seen as a denial of
women's autonomy or pro-fetus jurisprudence. In the common-law, the
concept of MFC often becomes an indirect evidence or inter alia, an
ever-resolving puzzle comprised of elements of crime or tort. The
account set in this book is not to resonate, but to simplify our
concerns or duties in resolving MFC. Stemmed of 650 references and
packed in 35 chapters, this 480-page compilation briefs and
analyzes 120 cases held in the United States, Canada, and the
United Kingdom, as well as MFC scenarios--stratifying them into the
clusters to present an obstetrical problem. Each chapter starts
with a concise review of the medical-legal repository, followed by
the case briefs inclusive for the I.R.A.C. (issue, rule, analysis,
conclusion), precedents, dicta, concurring/dissent, dispositions or
verdicts, remedies, reliefs, and reasoning pursuant to the
Constitutional or statute enactments in British Commonwealth, the
United States and District of Columbia, Canadian provinces and
territories. All published cases are located via LexisNexis,
BlueBook and WestLaw, and are free for the public visit under the
U.S. Health Insurance Portability & Accountability Act (HIPAA),
the Brady Rule, the Patient Safety & Quality Improvement Act of
2005 (PSQIA), 17 U.S.C. 512, Digital Millennium Copyright Act
(DMCA); Canadian Personal Information Protection & Electronic
Documents Act (PIPEDA), Confidentiality Guidance 2009 of the
General Medical Council of British Commonwealth, and other codes,
acts or dicta. Bound for both medical and legal practitioners, this
book may lessen the fees on the legal counsel, prof-liability
insurances, and forensic testimony.
The HIPAA Roadmap for Ambulatory Care is a step-by-step guide to
HIPAA/HITECH compliance for health care providers, with emphasis on
changes to policies, procedures and forms required under HITECH and
the Omnibus Final Rule. HIPAA covered entities will need to comply
with the new rules prior to September 23, 2013. The HIPAA Roadmap
for Ambulatory Care is designed to provide physician practices,
ambulatory surgery centers, therapy providers, and other outpatient
providers make the necessary changes to their HIPAA policies and
forms in a thorough and efficient manner. The HIPAA Roadmap for
Ambulatory Care includes sample policies to implement the new
patient rights established under HITECH and the changes relating to
marketing, sale of PHI, fundraising and release of immunization
records. The Roadmap also includes a sample Notice of Privacy
Practices incorporating the changes required under HITECH, sample
breach policy complying with the Omnibus Final Rule, and sample
Business Associate Agreement and amendment. While the Roadmap
focuses on the changes to HIPAA resulting from HITECH and the
Omnibus Final Rule, the Roadmap also includes resources for new
providers that are setting up their HIPAA policies. Documents of
particular interest to new providers include job descriptions for
the HIPAA Privacy Official and Security Official, and a sample
training presentation for employees on information security
practices. Also included are tools for performing a security risk
analysis as required under the HIPAA Security Rule, and information
security policies covering administrative, physical and technical
safeguards required under the Security Rule standards and
implementation specifications.
Law is neither panacea nor justice. An element of calculation, it
answers to the "how" question, whereas justice answers to the "why"
question. Law is anything but simple. It is a piecemeal doctrinal
construction, each part more readily explained by the circumstances
of its addition than by its relation to a coherent whole. An up to
date analysis of the court-visited 36 cases, this monograph depicts
the challenges, and outcomes of surgical negligence claims in the
States, by covering a range of malpractice determinants:
plaintiff's reasonableness, surgeon's state of mind, res ipsa
loquitur, inter alia, strict liability, qualifications of the
witness-expert, plain-error doctrine, but-for rule and proximate
causation, patent law and infringement, defamation, concert of
actions, conspiracy, fraud, taxation of the awards, and the dicta.
THE DEFINITIVE GUIDE FOR GETTING OUT OF OBAMACARE Storm clouds are
forming all over America's health care industry. Once the shining
star for the world this huge tax burden of a law seems destined to
destroy our health care industry. But a light shines out in the
darkness showing the way out of Obamacare. This definitive guide
highlights our rights in Section 1555 and the precedent established
by President Barrack Obama proving that all Americans have a legal
right to not participate in Obamacare. This definitive guide also
highlights our rights that all Americans have "No Duty" to buy
healthcare insurance under Obamacare. This definitive guide also
highlights our rights that you can claim an exemption if you can't
afford to buy healthcare insurance. Here are a few of the many ways
to destroy Obamacare: RIGHT OF "FREEDOM NOT TO PARTICIPATE" UNDER
NO DUTY TO ACT RIGHT OF EXEMPTION IF YOU CANNOT AFFORD COVERAGE
TERM EMPLOYEE BY RIGHT ONLY CORPORATE PERSONS BY RIGHT PENALTIES
ONLY APPLY TO CORPORATE PERSONS No fines, no Obamacare insurance,
absolutely nothing of this act will apply to any individual,
company, business, or nonprofit entity who claims the right of
"Freedom Not to Participate." That also means you have the right to
continue purchasing your old insurance policy. That also means that
Insurance Companies have a legal right to sell the old policies to
anyone not participating in Obamacare. President Obama has been
criticized by conservatives for illegally handing out exemptions
for Obamacare. The truth is President Obama never violated the law.
He just withheld the fact that everyone has the same right to
complete exemption from the Act. Obamacare creates the perception
that everyone is required by law to carry a minimum amount of
health insurance. But, I ask the question what law compels someone
to a duty to act? I mean what law makes someone have a duty to buy
insurance? According to the law that is what it takes to make
someone legally buy insurance according to the penalties section.
All these rights are summarized in a simple statement you can write
on your tax return. Obamacare has no solid legal foundation for
enforcement. The only one that I would recommend signing up for
Obamacare are the ones that will personally benefit, or the ones
that need insurance and can't buy it. In the end, thanks President
Obama but no thanks I will keep my old policy.
Unconscious null-para arrives in emergency room with the uterine
rupture in progress. A cesarean section is performed followed by
hysterectomy. Understandably, the surgery causes a permanent
impairment. Result? No battery. Why? The hospital and physicians
can prove an affirmative defense of consent. In a prima facie case,
for a patient incapable of giving or withholding consent, the
consent is implied by law. So too, there was no intent to harm the
patient. What about negligence? There is a room for the negligence
claim in this case, because the hospital and physicians had the
duty to perform a procedure with careful considerations of per quod
determinants, burden/benefit ratio, including the wishes of the
patient to remain fecund or fertile. To establish a negligence and
to build a case, the informed consent doctrine is irrelevant, for
this case addresses all six elements of medical negligence: duty,
applicable standard of care, breach, actual cause, proximate case,
and damage. The law of surgical negligence is an ever-evolving
overhaul of acts, codes, stare, decisis, or doctrines. Any
definition in surgical malpractice that includes the notion of
reasonableness raises alarm bells. The action for surgical
negligence may extend from misdiagnoses, wrong site surgery,
misrepresentation, to injurious falsehood, investment privilege,
joint ownership, patent infringement, culpability, or defamation.
Packed in 27 chapters and 29 illustrations of surgical scenes, the
current effort briefs 50 published cases of surgical negligence,
from I.R.A.C. (issue, rule, analysis, conclusion), precedents,
legal limits, to dispositions, verdicts, remedies, and reasoning
pursuant to the Constitutional or statute enactments in the United
States and District of Columbia. The presented cases are sourced at
LexisNexis, BlueBook, and Westlaw. All cases are published, and
free for the public visit under the U.S. Health Insurance
Portability & Accountability Act (HIPAA), the Brady Rule, the
Patient Safety & Quality Improvement Act 2005 (PSQIA), 14th
Amendment Due Process Clause, 17 U.S.C. 512, Digital Millennium
Copyright Act (DMCA); among other instruments. Each case analysis
ends with keywords.
Food and Drug Regulation in an Era of Globalized Markets provides a
synthesized look at the pressures that are impacting today's
markets, including trade liberalization, harmonization initiatives
between governments, increased aid activities to low-and
middle-income countries, and developing pharmaceutical sectors in
China and India. From the changing nature of packaged and processed
food supply chains, to the reorientation of pharmaceutical research
and funding coalesced to confront firms, regulators, and consumers
are now faced with previously unknown challenges. Based on the 2014
O'Neill Institute Summer program, this book provides an
international, cross-disciplinary look at the changing world of
regulations and offers insights into requirements for successful
implementation.
Since abortion was legalized in the United States 40 years ago, an
estimated 52,000,000 babies have been aborted. Even if it is legal,
is it morally right or is it murder?
Genetically Modified Organisms in Food focuses on scientific
evaluation of published research relating to GMO food products to
assert their safety as well as potential health risks. This book is
a solid reference for researchers and professionals needing
information on the safety of GMO and non-GMO food production, the
economic benefits of both GMO and non-GMO foods, and includes
in-depth coverage of the surrounding issues of genetic engineering
in foods. This is a timely publication written by a team of
scientific experts in the field who present research results to
help further more evidence based research to educate scientists,
academics, government professionals about the safety of the global
food supply.
According to 2010 data from the Department of Health and Human
Services' Office of the Inspector General (HHS-OIG) and the
Department of Justice (DOJ), 10,187 subjects--individuals and
entities involved in fraud cases--were investigated for health care
fraud, including fraud in Medicare, Medicaid, and the Children's
Health Insurance Program (CHIP). These subjects included different
types of providers and suppliers--such as physicians, hospitals,
durable medical equipment suppliers, home health agencies, and
pharmacies--that serve Medicare, Medicaid, and CHIP beneficiaries.
For criminal cases in 2010, medical facilities--including medical
centers, clinics, or practices--and durable medical equipment
suppliers were the most-frequent subjects investigated. Hospitals
and medical facilities were the most-frequent subjects investigated
in civil fraud cases, including cases that resulted in judgments or
settlements. Subjects of criminal cases: Many of the 7,848 criminal
subjects in 2010 were medical facilities or durable medical
equipment suppliers, representing about 40 percent of subjects of
criminal cases. Similarly, in 2005, medical facilities and durable
medical equipment suppliers accounted for 41 percent of criminal
case subjects. Data from 2010 show that most of the subjects were
in cases that were not referred by HHS-OIG to DOJ for prosecution
(85 percent). Of the subjects whose cases were pursued, most were
found guilty or pled guilty or no contest. Subjects of civil cases:
Over one-third of the 2,339 subjects of civil cases in 2010 were
hospitals and medical facilities. In 2010, about 35 percent more
subjects were investigated in civil fraud cases than in 2005.
Nearly half of the subjects of 2010 cases were pursued. Among the
subjects whose cases were pursued, 55 percent resulted in judgments
or settlements. Additionally, data from HHS-OIG show that nearly
2,200 individuals and entities were excluded from program
participation for health care fraud convictions and other reasons,
including license revocation and program-related convictions. About
60 percent of those individuals and entities excluded were in the
nursing profession. Pharmacies or individuals affiliated with
pharmacies were the next-largest provider type excluded,
representing about 7 percent of those excluded. According to data
GAO collected from 10 state Medicaid Fraud Control Units (MFCU),
over 40 percent of the 2,742 subjects investigated for health care
fraud in Medicaid and CHIP in 2010 were home health care providers
and health care practitioners. Of the criminal cases pursued by
these MFCUs, home health care providers comprised nearly 40 percent
of criminal convictions and 45 percent of subjects sentenced in
2010. Civil health care fraud cases pursued by these MFCUs in 2010
resulted in judgments and settlements totaling nearly $829 million.
Pharmaceutical manufacturers were to pay more than 60 percent ($509
million) of the total amount of civil judgments and settlements.
GAO provided a draft of the report to DOJ and HHS. DOJ provided
technical comments, which have been incorporated as appropriate.
Die Entscheidungssammlung (ESA) wendet sich gleichermassen an
Mediziner und Juristen und stellt umfassend die deutsche
Rechtsprechung bezuglich Aufklarung und Einwilligung bei arztlicher
Behandlung dar. In seiner standig wachsenden Bedeutung ist das
Arztrecht im wesentlichen ein Ergebnis gerichtlicher
Entscheidungen. Deshalb ist gerade in diesem Bereich die Kenntnis
der Rechtsprechung fur die Loesung der taglich auftretenden
Probleme unerlasslich. Als erste Entscheidungssammlung auf dem
Gebiet des Arztrechts stellt die ESA fur Mediziner und Juristen ein
unentbehrliches Nachschlagewerk zum zentralen Bereich der
Aufklarung und Einwilligung bei arztlicher Behandlung dar. Neben
allen einschlagigen Urteilen des Bundesgerichtshofes werden auch
grundlegende - teilweise noch unveroeffentlichte - Entscheidungen
der Instanzgerichte berucksichtigt. Dem Arzt leistet ESA
Hilfestellung bei der Frage, woruber in einzelnen Fallen
aufzuklaren ist. Die Ordnung nach medizinischen Sachgebieten und
die Angabe von Diagnose und weiteren Behandlungsdaten erleichtert
gerade dem Mediziner das schnelle Auffinden ihn interessierender
vergleichbarer Falle. Der Jurist vermag daruber hinaus anhand der
jeder Entscheidung beigegebenen Stichwoerter zur rechtlichen
Problematik schnell die fur eine konkrete Rechtsfrage relevanten
Entscheidungen nachzuschlagen. Mit der vorliegenden 3. Lieferung
ist die Entscheidungssammlung (ESA) auf dem aktuellen Stand der
Rechtsprechung.
PERSONAL TRAINERS are not just fitness professionals; they could
be the saviours of the global health-care system-life changers. As
pioneers in this budding field in the health and wellness industry,
trainers face misinformation and myths about the fitness industry.
What's more, due to negative portrayal in the media, the common
perception of personal trainers is less than stellar.
This situation, coupled with the relative lack of regulation,
means that there are many legal issues that you must be aware of in
order to stay safe in your day-today practice. As is the case for
any practitioner of a health-related profession, you must be aware
of the legal ramifications of your decisions and advice. But the
legal education provided to personal trainers is virtually
nonexistent.
In this guidebook, author Gary Pitts, a master strength coach
and Canada's premier fitness lawyer, provides the knowledge you
need for your practice. Following the principles of MISS (make it
simple, stupid), Gary has compiled information on the entire
spectrum of fitness-specific legal issues, most of which are
largely unknown or misunderstood by even the most seasoned veterans
in the personal training industry. If you're serious about your
personal training career, explores these important issues and start
building your protective legal strategies now.
HITECH Act's provisions to drive adoption and meaningful use of
Electronic Health Records (EHRs) holds great promise in supporting
improvements in the quality, efficiency and effectiveness of care
delivery. Replacing paper-based processes with electronic ones will
have profound implications on both how care is delivered and how
workers in healthcare organizations perform their jobs. With the
introduction of EHRs, it is vitally important that EHR developers
and healthcare organizations design, develop and implement EHRs in
such a way that supports meaningful use by all users, including
those with disabilities, and not introduce a "digital divide."
While EHRs are principally used by healthcare workers, patients
interact with these systems directly (e.g. shared use of a display
in an exam room) and indirectly through their outputs. To gain the
intended benefits of this technology, EHR systems must display or
deliver information in a manner and structure that is suitable for
their needs and preferences. Therefore, it is vitally important
that EHR developers and healthcare organizations implement
meaningful use requirements and other functionality involving
patients in a way that supports the patients, populations and
communities that they serve. This project will provide technical
guidance for EHR developers and healthcare organizations regarding
the design, development and implementation of EHR systems to
prevent the creation or exacerbation of "digital disparities" with
the national adoption and utilization of EHR systems, in the
workplace and among patients. Through identification and
application of best practices, guidance and standards in software
usability and accessibility, system developers and healthcare
organizations can ensure that EHR system support meaningful use by
users that reflect the make-up of the healthcare.
In caring for a pregnant women, physicians consider the health of
two biologically linked, yet individually viable patients. Viewed
as an organic whole, the combined maternal-fetal benefit of
proposed interventions is weighed against the combined burdens. In
the common-law, the concept of maternal-fetal conflicts (MFC) often
becomes an indirect evidence or inter alia, an ever-resolving
puzzle comprised of elements of criminal assault/battery to civil
tort interference. The account set in this book is not to resonate,
but to simplify our concerns or duties in resolving MFC. Stemmed of
644 references, and packed in 35 chapters, this 478-page
encyclopedia analyzes and groups 120 cases or scenarios into
comprehensive proxy-for-outcome clusters. Each chapter starts with
a review of medical scholarship, legal repository, followed by a
case I.R.A.C. (issue, rule, analysis, conclusion), precedents,
legal limits, writ of certiorari, concurring/dissent, dispositions
or verdicts, remedies, and reasoning pursuant to the Constitutional
or statute enactments in British Commonwealth, the United States
and District of Columbia, Canadian provinces and territories. The
presented cases are located via LexisNexis(tm), BlueBook, and
Bloomberg Law. All cases are published and are free for public
access under the U.S. Health Insurance Portability &
Accountability Act (HIPAA), the Brady Rule, the Patient Safety
& Quality Improvement Act 2005 (PSQIA), 14th Amendment Due
Process Clause, 17 U.S.C. 512, Digital Millennium Copyright Act
(DMCA); Canadian Personal Information Protection & Electronic
Documents Act (PIPEDA), Confidentiality Guidance 2009 of the
General Medical Council of British Commonwealth, among other
instruments. This book is bound for both medical and legal
practitioners, to aid physicians avoid/limit expenses on the legal
counsel, and to aid litigators avoid/limit expenses on the expert
opinions. This is the black-and-white edition of the book. For a
difference as little as $20, you may purchase the color edition of
this book at the www.amazon (ISBN 978-1491262924) or at https:
//www.createspace.com/4387671 The excerpt of this book can be
downloaded at: http:
//www.researchgate.net/profile/Naira_Matevosyan/ Thank you for
visiting us.
Absorbed-dose-to-water calibrations are important to the medical
community to facilitate the accurate determination of doses
delivered to tumors during external-beam cancer therapy. The first
version of this document offered an absorbed-dose-to-water
calibration service based on a graphite calorimeter as the primary
standard. However, the use of this calorimeter necessitated
calculations to convert the measurement from graphite to water. In
1989, a water calorimeter was introduced at the National Institute
of Standards and Technology (NIST), which was to replace the
graphite calorimeter as the primary standard. Though the
calculations necessary for conversion factors were eliminated with
this new technology, a calibration service based on the water
calorimeter was not developed at this time. Despite the fact that
the service was available, the medical physics community did not
take advantage of it and used chambers calibrated in terms of
exposure (in units of roentgen) to calibrate their radiotherapy
60Co and high-energy electron accelerator x-ray. A protocol,
commonly known as TG21, developed by the American Association of
Physicists in Medicine (AAPM), involves many calculations to arrive
at the quantity desired by the medical physicist in the practicing
clinic, cGy/MU (centiGray/monitor unit). The AAPM has initiated a
new protocol through Task Group 51 which involves
absorbed-dose-to-water calibrations of ion chambers commonly used
in the calibration of the clinical radiotherapy photon and electron
beams.NIST has developed and is now prepared to offer the
absorbed-dose-towater calibration service for ionization chambers
based on a water calorimeter standard developed by Steve Domen at
NIST. This document outlines the steps that have been taken to
develop this service including a brief description of the Domen
water calorimeter. The procedures that are involved in the
calibration of an ionization chamber for this quantity are
presented along with results from recent comparisons of the NIST
with the Bureau International des Poids et Mesures (BIPM) in France
and the National Radiation Council Canada (NRCC).
On July 13, 2010, 27 roundtable discussion participants and more
than 100 other attendees gathered at the National Institute of
Standards and Technology (NIST) for a full-day workshop on
Usability in Health IT: Technical Strategy, Research, and
Implementation. The workshop brought together people from the
federal government, the electronic health record (EHR) and health
information technology industries, healthcare providers, and
universities to share current activities and consider technical
strategies and tactics for improving the usability and
accessibility of EHRs. The workshop was sponsored by the Agency for
Healthcare Quality and Research (AHRQ), the National Institute of
Standards and Technology (NIST), and the Office of the National
Coordinator for Health Information Technology (ONC). AHRQ and ONC
are both part of the U.S. Department of Health and Human Services
(HHS). This report reflects the key points made during the
roundtable session and provides key recommendations that came out
of the open discussion. This report includes speaker's
presentation, a person-by-person summary of each contribution to
the open discussion.
|
You may like...
The Hole Story
Ruthie Darling
Hardcover
R573
R528
Discovery Miles 5 280
Home Body
Rupi Kaur
Paperback
(1)
R278
Discovery Miles 2 780
Cry Medic
Dave Pfeifer
Hardcover
R871
Discovery Miles 8 710
|