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Product Details:

  • ISBN-10 ‏ : ‎ 1455733660
  • ISBN-13 ‏ : ‎ 978-1455733668
  • Author:   Jeanne McTeigue 

With coverage of both legal and ethical issues, this text gives you the foundation to handle common health care challenges in everyday practice. The new edition also includes a variety of exercises to help reinforce text content, as well as updated examples and case studies to help you apply information to professional practice.

  • Detailed coverage of current legal and ethical issues and case law help facilitate classroom discussion and make concepts more relevant.
  • What If? boxes present ethical dilemmas and help you apply concepts from the book to real-life examples.
  • Updated case studies discuss the issues faced in a variety of healthcare settings.
  • What If? boxes present ethical dilemmas and help you apply concepts from the book to real-life examples.
  • Updated Case Studies discuss the issues faced in a variety of healthcare settings.
  • A revised Imaging Liability and Litigation chapter describes how society holds healthcare workers accountable in the workplace.
  • Important HIPAA information includes the latest privacy guidelines along with ethical and legal implications.

 

Table of Content:

  1. Chapter 1 The U.S. Legal System
  2. Chapter Objectives
  3. Key Terms
  4. Introduction
  5. What Is the Law?
  6.  Discussion
  7. Sources of Law
  8. Branches of Government
  9. Box 1-1 Four Sources of Law
  10. Figure 1-1 Steps leading up to the U.S. Capitol.
  11. Constitution and Bill of Rights
  12. Box 1-2 Amendments to the Constitution
  13. Bill of Rights
  14. Other Amendments
  15. Box 1-3 Checks and Balances
  16. Checks and Balances
  17. Common Law versus Civil Code
  18. Box 1-4 Common Law Versus Civil Code
  19. Box 1-5 Civil Law versus Criminal Law
  20. Types of Law
  21. Criminal Law
  22.  Relate to Practice
  23. Box 1-6 Remedies
  24. Civil Law
  25. Torts
  26. Box 1-7 Elements of Negligence
  27.  What If?
  28. The Court System
  29. State Trial Courts
  30. Box 1-8 Jurisdiction
  31. Pretrial Discovery
  32. Box 1-9 How to Read a Case Citation
  33. Figure 1-2 The facts, as found by a jury or judge, cannot be appealed.
  34. Courts of Appeals
  35. State Supreme Courts
  36. Box 1-10 The U.S. Federal Courts
  37. Federal District Court System
  38. The U.S. Supreme Court
  39.  What If?
  40.  What If?
  41. Conclusion
  42. Chapter Review Questions
  43.  Self-Reflection Questions
  44. Internet Activities
  45. Additional Resources
  46. Chapter 2 The Basics of Ethics
  47. Chapter Objectives
  48. Key Terms
  49. Introduction
  50. What Are Ethics?
  51.  Discussion
  52. Codes of Ethics
  53. Medical Codes of Ethics
  54. Tolerance
  55. Medical Ethics
  56. Standards of Practice
  57. Medical Practice Acts
  58. Ethics and the Challenges of Subjectivity
  59. Repeated Wrongs
  60. Ignoring a Witnessed Wrong
  61.  What If?
  62.  What If?
  63. Subjectivity and the Needs Hierarchy
  64. Figure 2-1 Maslow’s Hierarchy of Needs.
  65. Bioethics
  66. Ethics versus Law
  67.  Discussion
  68.  Relate to Practice
  69.  Relate to Practice
  70. Medical Etiquette
  71. Ethical Decision Making
  72. Principles of Healthcare Ethics
  73.  Discussion
  74. Ethical Theories
  75. Ethical Theories
  76. Utilitarianism (Teleology)
  77. Medical Application
  78.  What If?
  79. Duty-Based Ethics or Deontology
  80. Medical Application
  81. Rights-Based Ethics
  82. Medical Application
  83.  Discussion
  84. Justice-Based Ethics
  85. Medical Application
  86. Figure 2-2 Justice-based ethics is meant to prevent injustice under social contracts, such as the distribution of organ donations. One individual should not have a greater advantage over another.
  87. Virtue-Based Ethics
  88. Medical Application
  89.  Relate to Practice
  90. Ethical Decision-Making Models
  91. The Seven-Step Decision-Making Model
  92. Dr. Bernard Lo Clinical Model
  93. Medical Etiquette in Decision Making
  94. Ethics Committees and Quality Assurance
  95. Ethics Committees
  96. Accreditation
  97. Risk Management and Quality Assurance Programs
  98.  Discussion
  99. Conclusion
  100. Chapter Review Questions
  101.  Self-Reflection Questions
  102. Internet Activities
  103. Additional Resources
  104. Bibliography
  105. Chapter 3 Ethical and Bioethical Issues
  106. Chapter Objectives
  107. Key Terms
  108. Introduction
  109. Bioethics
  110. Medical Research
  111.  Discussion
  112. Informed Consent and Blind Studies
  113. Figure 3-1 In a blind study, patients may receive no drug (the control group), the new trial drug, or a placebo.
  114.  What If?
  115. Conflict of Interest
  116.  Discussion
  117. Wakefield Study
  118. Ethical Issues in Reproductive Medicine
  119. Contraception and Sterilization Issues
  120. Voluntary Sterilization
  121. Involuntary Sterilization
  122. Contraception and Abortion
  123.  Discussion
  124. Conception Issues
  125. Artificial Insemination
  126.  Discussion
  127. In Vitro Fertilization
  128. Figure 3-2 Man helping woman inject drugs in preparation for in vitro fertilization.
  129.  Relate to Practice
  130. Surrogate Motherhood
  131.  What If?
  132. Genetic Testing and Counseling
  133. Ethical Issues in Biomedical Advances and Genetics Research
  134. The Human Genome Project
  135. Stem Cell Research
  136.  Discussion
  137. Ethical Issues in Death and Dying
  138. Decisions to Prolong Life
  139. Palliative and Hospice Care
  140. Advance Directives and Living Wills
  141. Figure 3-3 Advance directives let the healthcare professional know the patient’s wishes when the patient is no longer able to communicate.
  142. Do Not Resuscitate (DNR)
  143.  Relate to Practice
  144. Euthanasia
  145.  What If?
  146. Ethics in Healthcare Systems and Healthcare Reform
  147. Healthcare Systems
  148.  Relate to Practice
  149. Healthcare Reform
  150. Conclusion
  151. Chapter Review Questions
  152.  Self-Reflection Questions
  153. Internet Activities
  154. Bibliography
  155. Additional Resources
  156. Chapter 4 Workplace Issues
  157. Chapter Objectives
  158. Key Terms
  159. Introduction
  160. Professionalism
  161.  What If?
  162. Hiring and Firing
  163. Discrimination
  164. Illegal Interview Questions
  165. Antidiscrimination Legislation
  166. Sexual Harassment
  167. Qui Tam
  168. Figure 4-1 Sexual harassment is an offense of discrimination according to the Civil Rights Amendment of 1964.
  169.  Discussion
  170.  What If?
  171. Safety in the Workplace
  172. Figure 4-2 All physical hazard spaces, medical waste, and medical biohazards (such as used sharps) must be handled following specific guidelines initiated by OSHA.
  173.  What If?
  174. Documentation
  175. Medical Record
  176. Elements of the Medical Record
  177. SOAP and CHEDDAR Formats
  178. SOAP
  179. CHEDDAR
  180. Reasons for Documentation
  181. Correction and Amendments to the Medical Record
  182. Ownership
  183. Privacy and Release of Information
  184. Health Insurance Portability and Accountability Act of 1996 (HIPAA)
  185. The Privacy Rule
  186.  What If?
  187. National Provider Identifier (NPI)
  188.  What If?
  189. Retention and Maintenance of Medical Records
  190. Conclusion
  191. Chapter Review Questions
  192.  Self-Reflection Questions
  193. Internet Activities
  194. Additional Resources
  195. Chapter 5 Code and Standards Infractions
  196. Chapter Objectives
  197. Key Terms
  198. Introduction
  199. Disciplinary Action
  200. Workplace Standards
  201. Reasons for Disciplinary Actions
  202. Figure 5-1 Policies and procedures should be well-defined in the employee’s handbook or other employment packets and should include a description of duties or responsibilities as well as the code of ethics or defined standards.
  203. Examples of Work-Related Offenses That Could Warrant Disciplinary Action*
  204. Examples of Work-Related Offenses Specific to Healthcare Professions That Could Warrant Disciplinary Action*
  205. Compliance Plan
  206. Due Process
  207.  What If?
  208. Compliance Officer
  209.  What If?
  210. Monitoring the Employer or Institution
  211. Fraud
  212. Figure 5-2 Examples of fraud include billing for services not provided, up-coding services for larger reimbursement, or down-coding (under coding) for services provided.
  213. Infractions
  214. Abuse of Privilege
  215. Regulating Agencies
  216.  Discussion
  217. Conclusion
  218. Chapter Review Questions
  219.  Self-Reflection Questions
  220. Internet Activities
  221. Additional Resources
  222. Chapter 6 The Medical Malpractice Lawsuit and the Trial Process
  223. Chapter Objectives
  224. Key Terms
  225. Introduction
  226. Malpractice and Negligence
  227.  What If?
  228. Duty
  229. Respondeat superior
  230. Figure 6-1 In respondeat superior, the individual with the highest license or training and/or the owner or highest authority of an organization is ultimately the individual responsible for actions of their subordinate workers.
  231.  What If?
  232. Categories of Duty
  233.  Discussion
  234. Dereliction of Duty
  235. Direct Cause
  236. Damages
  237. Establishing a Case
  238.  Relate to Practice
  239. Defenses for Malpractice
  240. Denial
  241. Affirmative Defense
  242. Emergency Care
  243. Good Samaritan Laws
  244. Comparative Negligence or Contributory Negligence
  245. Figure 6-2 A Good Samaritan law, active in most states, provides immunity to medical professionals who provide healthcare in an emergency without reimbursement or without proper facilities available.
  246.  Relate to Practice
  247. Assumption of Risk
  248.  What If?
  249. Professional Liability
  250. Prevention of Liability and Malpractice
  251. Role of the Risk Management Supervisor
  252. Figure 6-3 The duties of the risk management supervisor would include monitoring all aspects of prevention of malpractice and guarding the practice against issues of fraud and abuse.
  253. Duties of a Risk Management Supervisor
  254. Safety of Staff and Patients
  255. Communication
  256. Documentation
  257. Conclusion
  258. Chapter Review Questions
  259.  Self-Reflection Questions
  260. Internet Activities
  261. Additional Resources
  262. Chapter 7 Intentional and Quasi-Intentional Torts
  263. Chapter Objectives
  264. Key Terms
  265. Introduction
  266. Definition of a Tort
  267. Box 7-1 Intentional and Quasi-Intentional Torts
  268. Intentional Torts
  269. Intent
  270. Figure 7-1 To determine intent, we do not necessarily have to establish that the accused individual had a desire to cause harm or injury to a person.
  271. Assault
  272. Battery
  273.  Discussion
  274. Consent: A Primary Defense Against Battery
  275.  What If?
  276. Implied Consent
  277. Sexual Assault and Battery (Misconduct)
  278.  Relate to Practice
  279. False Imprisonment
  280. Defenses Against False Imprisonment Charges
  281. Restraints in the Home-Care Setting
  282. Against Medical Advice
  283. Intentional Infliction of Emotional Distress
  284. Figure 7-2 In the case of a minor, the hospital can attempt to get a court order to require the family to keep the child in the hospital, but any attempt to physically restrain the child or the parent in the absence of a court order exposes the hospital to liability.
  285. Trespass to Land
  286. Quasi-Intentional Torts
  287. Defamation
  288. Defenses of Defamation
  289. Invasion of Privacy
  290. Appropriating Likeness and Placing a Person in a False Light
  291.  What If?
  292. Publicizing Private Facts
  293. Breach of Confidentiality
  294. Figure 7-3 Whether a healthcare provider has access to the traditional written medical record or to computerized records, the responsibility to keep information confidential does not change.
  295. Intentional and Quasi-Intentional Torts and Insurance Policies
  296.  What If?
  297.  What If?
  298. Conclusion
  299. Chapter Review Questions
  300.  Self-Reflection Questions
  301. Internet Activities
  302. Bibliography
  303. Additional Resources
  304. Chapter 8 Statutory Reporting and Public Duties
  305. Chapter Objectives
  306. Key Terms
  307. Introduction
  308. Statutory Report Duties
  309. Vital Statistics and Public Health Records
  310. Figure 8-1 The attending physician or midwife completes the initial birth certificate and then submits it to the local (usually county) agency for recording. From there the government’s official certificate of birth is released.
  311. Births
  312. Deaths
  313. Communicable Diseases
  314.  What If?
  315.  Discussion
  316. Sexually Transmitted Diseases/AIDS
  317.  Discussion
  318. HIV/AIDS and the Healthcare Worker
  319. Abuse
  320.  Discussion: Case Study—Kimberly Ann Bergalis
  321. Identifying Victims of Abuse
  322. Child Abuse
  323. Elder Abuse
  324. Figure 8-2 Everyone in the healthcare profession is required to report incidents, or suspicion, of child abuse to the appropriate authorities. In addition, as with other cases, the child should be asked—while alone—whether he or she feels safe.
  325.  Relate to Practice
  326. Spousal or Partner Abuse
  327. Sexual Assault and Abuse
  328. Substance Abuse
  329. TABLE 8-1 Drug Classifications According to the Controlled Substances Act of 1970
  330. TABLE 8-2 Amendments to the Controlled Substances Act of 1970
  331. Conclusion
  332. Chapter Review Questions
  333.  Self-Reflection Questions
  334. Internet Activities
  335. Additional Resources
  336. Chapter 9 Professional Liability Insurance
  337. Chapter Objectives
  338. Key Terms
  339. Liability Insurance
  340. Is Your Employer’s Liability Insurance All You Need?
  341. Independent Contractors
  342. Employers’ Liability Policies
  343. Limits of Policy Exceeded
  344. Mergers and Closures
  345. Conflicts Over Liability
  346. Conflicts Over Proposed Settlements
  347. Figure 9-1 Because employee and employer may disagree about the facts of an incident, it is far better to have your own policy and your own attorney, whose loyalty will be only to you, the employee.
  348. Conflicts Between Multiple Employees Over an Incident
  349. Employers’ Self-Insurance
  350.  Discussion
  351. Professional Liability Insurance
  352. Key Features of a Private Policy
  353. Cost
  354. Disciplinary Defense Insurance
  355. Figure 9-2 Always examine the key features of an insurance policy before signing anything, and know ahead of time what features you should expect to find.
  356. Policy Limits
  357. Coverage
  358. Peace of Mind
  359.  What If?
  360. Applying for Professional Liability Insurance
  361. Details to Provide When Applying for Professional Liability Insurance
  362. Types of Private Liability Policies
  363. Tail Coverage
  364. Occurrence Basis Policy
  365. Prior Acts Coverage
  366.  Relate to Practice
  367. Umbrella Policy
  368. Additional Coverage
  369. Components of a Typical Professional Liability Policy
  370. Declarations Page
  371. Policy Provisions
  372. Figure 9-3 The policy jacket is the section that sets forth the generic provisions found in most policies of the same type.
  373. Statement of the Agreement
  374. Exclusions
  375. Duties and Cooperation of Insured
  376. Definitions
  377. Nonrenewal or Cancellation
  378. Right to Defend or Settle
  379. Other Insurance
  380. Expenses of Defending a Claim
  381. Premium Payments
  382. Endorsements
  383. Conclusion: Before Purchasing a Policy
  384. Chapter Review Questions
  385.  Self-Reflection Questions
  386. Internet Activities
  387. Bibliography
  388. Chapter 10 Death and Dying Issues
  389. Chapter Objectives
  390. Key Terms
  391. Introduction
  392. Determination of Death
  393. Grief
  394. Advance Medical Directives
  395. Figure 10-1 Both the individual facing the reality of impending death as well as those who care about the individual tend to experience a series of fairly predictable emotional “stages” of grief.
  396. Living Will
  397. Healthcare Proxy
  398. Durable Power of Attorney (DPOA)
  399. Do Not Resuscitate (DNR)
  400.  What if?
  401.  Relate to Practice
  402.  Relate to Practice
  403. Hospice
  404. Figure 10-2 Hospice care provides support for both patients and their loved ones.
  405.  Discussion
  406. Euthanasia
  407. Passive and Active Euthanasia
  408. Physician-Assisted Suicide
  409. Landmark Court Decisions Related to Death and Dying
  410. Karen Ann Quinlan
  411. Nancy Cruzan
  412. Terri Schiavo
  413. Organ and Tissue Donation
  414. Figure 10-3 The Organ Procurement and Transplantation Network (OPTN) maintains a national registry for organ matching.
  415.  Discussion
  416. Conclusion
  417. Chapter Review Questions
  418.  Self-Reflection Questions
  419. Internet Activities
  420. Additional Resources
  421. Chapter 11 Conflict Management
  422. Chapter Objectives
  423. Key Terms
  424. Introduction
  425. What Is Conflict?
  426. Contributing Factors
  427. Figure 11-1 The wide variety of knowledge, power, and control held by the various participants in healthcare introduces institutionalized differences in how to handle some situations.
  428.  Discussion
  429. Positive vs. Negative Conflict
  430.  Relate to Practice
  431.  Relate to Practice
  432. Conflict Behavioral Styles
  433. Competing
  434. Accommodating
  435. Avoiding
  436. Compromising
  437. Collaborating
  438. Adjustments Based on Behavioral Styles
  439.  Discussion
  440. Emotional, Cognitive, and Physical Responses to Conflict
  441. Emotional Responses
  442. Cognitive Responses
  443. Physical Responses
  444. Disruptive Behavior
  445.  Relate to Practice
  446. Conflict Management
  447.  Discussion
  448. Conflict Resolution
  449. Alternative Dispute Resolution
  450. Negotiation
  451. Mediation
  452. Figure 11-2 A mediator may offer a possible resolution for discussion, help parties explore options, identify issues, and provide information.
  453. Facilitation
  454. Arbitration
  455.  What If?
  456. Conclusion
  457. Chapter Review Questions
  458.  Self-Reflection Questions
  459. Internet Activities
  460. Additional Resources
  461. Bibliography
  462. Chapter 12 Business Aspects of Healthcare
  463. Chapter Objectives
  464. Key Terms
  465. Introduction
  466. Types of Providers
  467. Medical Doctors
  468. Specialists
  469. Figure 12-1 Specialists are fully licensed MD or DO medical doctors who have undergone further schooling and training in a specific area of medicine.
  470. Other Types of Providers
  471. Mid-Level Providers
  472. Figure 12-2 Mid-level providers are not physicians, but they may perform similar services such as writing prescriptions, and they usually bill insurance companies for their services. Examples of mid-level providers include physical therapists.
  473. Allied Health Professionals
  474. Corporate Structure
  475. Using Mid-Level Providers
  476. Fee Splitting
  477.  What If?
  478.  Discussion
  479. Types of Practice Structures
  480. Solo Practice
  481. Sole Proprietorship
  482. Figure 12-3 In a sole proprietorship, the provider has legal agreements to hire other physicians or mid-level providers to work for them.
  483. Associate Practice
  484. Group Practice
  485. Other Structures
  486. Types of Insurance Coverage
  487. Commercial Patient Plans
  488. Point-of-Service Health Insurance
  489. Box 12-1 Megan’s Office Visit Is Covered
  490. Box 12-2 Megan’s Office Visit—Without Health Insurance
  491. Box 12-3 Megan’s Office Visit—Insurance Allows Reimbursement
  492. Health Maintenance Organizations
  493. Other Commercial Payers
  494. Workers’ Compensation
  495. Government Carriers
  496. Medicaid
  497. Medicare
  498. TRICARE
  499. Conclusion
  500. Chapter Review Questions
  501.  Self-Reflection Questions
  502. Internet Activities
  503. Additional Resources
  504. Appendix A Resource Section
  505. Appendix B The Trial Process
  506. Appendix C Case Discussions
  507. Case Discussion 1: Altercation with Patient
  508. Case Discussion 2: Student Terminated from Program
  509. Case Discussion 3: Notification of Abnormality in X-Ray
  510. Case Discussion 4: Sexual Act with Patient
  511. Case Discussion 5: Radioiodine Therapy for Pregnant Patient
  512. Case Discussion 6: Treatment of Suicidal Patient
  513. Case Discussion 7: Dental Surgery Follow-Up
  514. Case Discussion 8: Dental Diagnosis and Treatment
  515. Case Discussion 9: Alleged Injury during Treadmill Test
  516. Case Discussion 10: Torn Rotator Cuff
  517. Case Discussion 11: Misplaced MRI
  518. Case Discussion 12: Misplaced Mammogram Report
  519. Case Discussion 13: Recordkeeping at Nursing Home
  520. Case Discussion 14: Testing Errors
  521. Appendix D Case Studies
  522. Case Study 1: EMT Liability for Death
  523. Are EMTs who have disconnected oxygen liable for the death of a terminally ill patient?
  524. Case Study 1 Questions
  525. Case Study 2: Informed Consent
  526. Does a student or preceptor have a duty to obtain informed consent?
  527. Case Study 2 Questions
  528. Case Study 3: Intentional Tort
  529. Is an intentional tort malpractice?
  530. Case Study 3 Questions
  531. Case Study 4: Intentional Tort
  532. Who is liable for the intentional torts of hospital staff?
  533. Case Study 4 Questions
  534. Case Study 5: Laboratory Results
  535. Does a laboratory have an affirmative duty to disclose positive HIV test results?
  536. Case Study 5 Questions
  537. Case Study 6: Legal Obligations of an Educational Facility
  538. What is the legal obligation of an educational facility to its students?
  539. Case Study 6 Questions
  540. Case Study 7: Medical Product Liability
  541. What are the limits on medical product liability cases under federal law?
  542. Case Study 7 Questions
  543. Case Study 8: Mobile Screening Unit Duties
  544. Does the healthcare provider have a duty to inform a screened employee of abnormal test results?
  545. Case Study 8 Questions
  546. Case Study 9: Ordinary Negligence vs. Malpractice
  547. Is it ordinary negligence or malpractice?
  548. Case Study 9 Questions
  549. Case Study 10: Privacy
  550. Is disclosure of a patient’s confession to a crime a violation of the right to privacy?
  551. Case Study 10 Questions
  552. Case Study 11: Res Ipsa Loquitur
  553. Is the doctrine of res ipsa loquitur applicable to establish negligence?
  554. Case Study 11 Questions
  555. Case Study 12: Respiratory Therapy/Radiology
  556. Who committed malpractice?
  557. Case Study 12 Questions
  558. Case Study 13: Spoliation
  559. How does the spoliation of evidence affect a lawsuit?
  560. Case Study 13 Questions
  561. Case Study 14: Statute of Limitations
  562. Does a plaintiff healthcare professional have a greater duty to discover a potential claim for malpractice for purposes of the statute of limitations?
  563. Case Study 14 Questions
  564. Appendix E Supplemental Case Scenarios
  565. Case Scenario 1: Student’s Unsatisfactory Performance
  566. Case Scenario 2: Signing Consent Forms
  567. Case Scenario 3: Patient Noncompliance
  568. Case Scenario 4: Anesthetic for Brain-Damaged Patient
  569. Case Scenario 5: Treatment and Religious Freedom
  570. Case Scenario 6: Patient Privacy
  571. Case Scenario 7: Administering Incorrect Medication
  572. Case Scenario 8: Employee Privacy
  573. Case Scenario 9: Equipment Malfunction
  574. Case Scenario 10: Failure to Monitor Patient
  575. Case Scenario 11: Discussing Treatment Options
  576. Case Scenario 12: Advance Directives
  577. Case Scenario 13: Life-Prolonging Treatment
  578. Case Scenario 14: Scope of Practice
  579. Case Scenario 15: X-Ray and Diagnosis
  580. Case Scenario 16: Distributing Medication
  581. Case Scenario 17: Alarms and Patient Safety
  582. Glossary
  583. A
  584. B
  585. C
  586. D
  587. E
  588. F
  589. G
  590. H
  591. I
  592. J
  593. L
  594. M
  595. N
  596. O
  597. P
  598. Q
  599. R
  600. S
  601. T
  602. U
  603. V
  604. W
  605. Index
  606. A
  607. B
  608. C
  609. D
  610. E
  611. F
  612. G
  613. H
  614. I
  615. J
  616. K
  617. L
  618. M
  619. N
  620. O
  621. P
  622. Q
  623. R
  624. S
  625. T
  626. U
  627. V
  628. W

 

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