Legal Aspects of Health Care Administration,9780834211971

Legal Aspects of Health Care Administration

by ;
Edition: 7th
ISBN13: 9780834211971
ISBN10: 0834211971
Format: Hardcover
Pub. Date: 1999-01-01
Publisher(s): Wolters Kluwer
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List Price: $63.13

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Summary

This highly regarded guide has been revised cover-to-cover, and updated with new case illustrations and new points reflecting the ever-evolving nature of both law And The health care industry. Legal Aspects gives practitioners and students alike the broad base of information and specific answers they need to safely direct their careers and their facilities. Legal Aspects of Health Care Administration is filled with concise, constructive, realistic recommendations for preventive action. it provides risks-reducing recommendations for everything from handling patient valuables to complying with the Americans with Disabilities Act. An Instructor's guide is available.

Author Biography

George D. Pozgar, MBA, CHE, is President of his own firm, Gp Health Care Consulting, in Annapolis, Maryland

Table of Contents

Preface xiii(4)
Acknowledgments xvii
Chapter 1--Introduction to Law
1(26)
Sources of Law
3(10)
Government Organization
13(6)
Administrative Departments and Agencies
19(8)
Chapter 2--Tort Law
27(40)
Negligence
29(18)
Intentional Torts
47(14)
Products Liability
61(4)
Conclusion
65(2)
Chapter 3--Criminal Aspects of Health Care
67(27)
Arrest
69(1)
Arraignment
69(1)
Conference
70(1)
The Prosecutor
70(1)
The Defense Attorney
70(1)
The Criminal Trial
70(1)
Drugs
71(1)
Child Abuse
71(2)
Criminal Negligence
73(1)
Falsification of Records
73(1)
Fraud
74(8)
Murder
82(2)
Patient Abuse
84(4)
Case Reviews
88(3)
Petty Theft
91(1)
Trespass/Antiabortion Demonstrations
92(2)
Chapter 4--Contracts and Antitrust
94(18)
Purpose of a Contract
96(1)
Types of Contracts
96(2)
Elements of a Contract
98(1)
Competent Parties
99(2)
Legality of Object
101(1)
Statute of Frauds
101(1)
Conditions
101(1)
Performance
101(1)
Nonperformance Defenses
101(1)
Remedies
102(1)
Arbitration
102(1)
State Laws/Uniform Commercial Code
102(1)
Contracts of Adhesion
102(1)
Guaranty and Warranty
102(1)
Employment Contracts
103(1)
Exclusive Contracts
104(1)
Restraint of Trade
105(2)
Hospital Staff Privileges
107(1)
Restricting Privileges
108(2)
Transfer Agreements
110(2)
Chapter 5--Civil Procedure and Trial Practice
112(41)
Pleadings
115(2)
Discovery and Examination Before Trial
117(2)
Motions
119(2)
Notice of Trial
121(1)
Memorandum of Law
121(1)
The Court
121(1)
The Jury
121(1)
Subpoenas
122(1)
Opening Statements
123(1)
Burden of Proof
123(4)
Evidence
127(7)
Defenses Against Recovery
134(10)
Closing Statements
144(1)
Judge's Charge to the Jury
144(2)
Jury Deliberation and Determination
146(1)
Damages
146(4)
Appeals
150(1)
Execution of Judgments
151(2)
Chapter 6--Corporate Liability
153(30)
Authority of Health Care Corporations
155(2)
Corporate Organization and Committee Structure
157(3)
Doctrine of Respondeat Superior
160(2)
Corporate Negligence
162(3)
Duties of Health Care Corporations
165(13)
CEO/Administrator's Role and Responsibility
178(2)
Medical Staff
180(1)
Conclusion
181(2)
Chapter 7--Medical Staff
183(53)
Medical Staff Organization
187(3)
Medical Staff Privileges
190(1)
Appointments--The Screening Process
191(3)
Delineation of Clinical Privileges
194(2)
Appeal Process
196(1)
Negligent Granting of Privileges
197(1)
Physician Supervision and Monitoring
198(1)
Suspension and Termination of Privileges
199(1)
Reappointments and Peer Review
200(1)
Medical Director
200(1)
Qualification for the Medical Director
201(1)
Physician Liability
201(32)
Oath of Hippocrates
233(3)
Chapter 8--Nursing and the Law
236(33)
Historical Perspective
238(1)
The Practice of Nursing
239(2)
The Ever-Broadening Scope of Practice
241(1)
Nurse Licensure
242(1)
American Nurses Association
243(1)
National League for Nursing
244(1)
Chief Nursing Officer and Nursing Supervisors
244(1)
Failure To Supervise
245(1)
Nurse Practitioner
245(1)
Clinical Nurse Specialist
246(1)
Nurse-Anesthetist
246(1)
Nurse Midwife
247(1)
Nursing Assistants
247(1)
Special Duty Nurse
248(1)
Student Nurses
248(1)
Administration of Drugs
249(5)
Burns
254(1)
Duty To Follow Established Nursing Procedures
255(1)
Duty To Follow Instructions
256(3)
Duty To Monitor Patient's Vital Signs
259(1)
Duty To Report Physician Negligence
260(1)
Duty To Question Patient Discharge
260(1)
Failure To Note Changes in a Patient's Condition
260(1)
Failure To Report Changes in a Patient's Condition
261(1)
Failure To Report Defective Equipment
262(1)
Failure To Take Correct Telephone Orders
263(1)
Nursery--Switching of Infants
263(1)
Patient Falls
263(2)
Inadequate Staffing
265(1)
Sponge and/or Instrument Miscounts in the Operating Room
266(1)
Negligent Procedure/Cutting an IV Tube
267(2)
Chapter 9--Liability by Department and Health Professional
269(27)
Dentistry
272(1)
Dietary
272(1)
Emergency Department
273(8)
Environment of Care
281(4)
Laboratory
285(1)
Pharmacy
285(4)
Physical Therapy
289(1)
Chiropractor
290(1)
Nurse's Aide/Patient Neglect
290(1)
Paramedic
290(1)
Physician's Assistant
291(1)
Podiatrist
291(1)
Respiratory Therapist
292(1)
Sexual Improprieties
292(1)
Certification of Health Professionals
293(1)
Licensing of Health Professionals
294(1)
Helpful Advice for All Health Professionals
294(2)
Chapter 10--Information Management and Health Care Records
296(18)
Information Management
298(1)
Clinical Applications
298(1)
Development of an Information Management Plan
298(1)
Medical Records
299(15)
Chapter 11--Patient Consent
314(21)
Patient Self-Determination Act
316(1)
Informed Consent
316(4)
Right to Refuse Treatment
320(1)
Proof of Consent
320(1)
Liability Issues
321(1)
No Consent/Wrong Procedure
322(1)
Who May Consent
323(5)
Religious Beliefs
328(1)
Refusal of Treatment
329(1)
Release Form
329(1)
Exculpatory Agreement
330(1)
Statutory Consent
331(1)
Consent and Judicial Intervention
331(1)
Lack of Consent
331(1)
Defense and Failure To Inform
332(1)
Conclusion
333(2)
Chapter 12--Legal Reporting Requirements
335(13)
Child Abuse
337(2)
Elder Abuse
339(1)
Communicable Diseases
339(1)
Births and Deaths
339(1)
Suspicious Deaths
339(1)
Criminal Acts
340(1)
Reporting Professional Misconduct--National Practitioner Data Bank
340(2)
Risk Management/Incident Reporting
342(2)
Sentinel Event Reporting/Joint Commission
344(1)
Corporate Compliance Programs
345(3)
Chapter 13--Issues of Procreation
348(17)
Abortion
350(6)
Sterilization
356(2)
Artificial Insemination
358(1)
Wrongful Birth, Wrongful Life, and Wrongful Conception
359(6)
Chapter 14--Patient Rights and Responsibilities
365(8)
Patient Rights
366(1)
Admission
366(2)
Discharge
368(1)
Transfer
368(1)
Patient Bill of Rights
369(1)
Patient Responsibilities
370(1)
Patient Advocacy
371(2)
Chapter 15--Acquired Immune Deficiency Syndrome
373(14)
Spread of AIDS
375(2)
AIDS and Health Care Workers
377(1)
Suspension of Surgical Privileges
377(1)
Confidentiality
377(1)
Medical Records
378(1)
AIDS and the Right To Know
378(1)
AIDS--The Right to Treatment
379(1)
Mandatory Testing
379(1)
News Media and Confidentiality
379(1)
Discrimination
380(2)
Negligence
382(1)
Criminal Actions
383(1)
Reporting Requirements
383(1)
AIDS Emergency Act
384(1)
Occupational Safety and Health Act
384(1)
AIDS Education
384(3)
Chapter 16--End of Life Issues
387(38)
Defining Euthanasia
389(3)
Classifying Euthanasia
392(2)
Constitutional Considerations
394(3)
Defining Death
397(2)
The Legislative Response
399(6)
Feeding Tubes
405(3)
Assisted Suicide
408(1)
Do-Not-Resuscitate Orders
409(1)
Health Care Ethics
410(1)
Ethics Committees
410(3)
Autopsy
413(3)
Organ Donations
416(3)
Unclaimed Dead Bodies
419(1)
Experimentation
420(5)
Chapter 17--Malpractice Insurance
425(14)
The Insurance Policy
428(1)
Liability of the Professional
428(2)
The Insurance Agreement
430(3)
Medical Liability Insurance
433(1)
Medical Malpractice Insurance Associations
434(1)
Self-Insurance
434(1)
Other Insurance Coverages
435(1)
Trustee Coverage
435(1)
Mandated Medical Staff Insurance Coverage
436(1)
Investigation and Settlement of Claims
436(3)
Chapter 18--Labor Relations
439(21)
Unions and Health Care Organizations
441(1)
Federal Labor Acts
441(11)
State Laws
452(2)
Labor Rights
454(1)
Management Rights
455(2)
Equal Employment Opportunity--Affirmative Action Plan
457(1)
Patient Rights During Labor Disputes
458(1)
Injunctions
458(1)
Administering a Collective Bargaining Agreement
458(2)
Chapter 19--Employment, Discipline, and Discharge
460(18)
Employment at Will
462(1)
Public Policy Issues
463(3)
Interference with Employment Activities
466(1)
Defamation Actions
467(1)
Retaliatory Discharge
467(1)
Fairness--The Ultimate Test
468(1)
Unemployment Compensation
469(1)
Termination
470(5)
Effective Hiring Practices
475(3)
Chapter 20--Managed Care and Organizational Restructuring
478(30)
Managed Care
481(1)
Common Models of Managed Care Organizations
481(2)
Vertically Integrated Delivery System
483(1)
Horizontal Consolidations
483(1)
Federally Qualified HMOs
483(1)
State Laws
484(1)
Case Management Firms
484(1)
Third-Party Administrators
485(1)
Utilization Review
485(1)
Liability for Nonparticipating Physicians
486(1)
Employee Retirement Insurance Security Act of 1974
486(1)
ERISA Preempts State Law
486(1)
Reducing Exposure to Liability
487(1)
Health Care Quality Improvement Act of 1986
488(1)
Managed Care and Legal Actions
488(4)
Antitrust
492(3)
Corporate Reorganization
495(3)
Restructuring Alternatives
498(2)
General Considerations
500(1)
Medical Staff and Restructuring
501(1)
Fund-Raising
501(1)
Regulatory Authority Checklist
502(1)
Anticompetition
502(1)
Safe-Harbor Regulations
503(2)
Statements of Antitrust Enforcement Policy in the Health Care Area
505(3)
Chapter 21--Tort Reform and Reducing the Risks of Malpractice
508(22)
Mediation and Arbitration
512(1)
Structured Awards
513(1)
Pretrial Screening Panels
513(1)
Collateral Source Rule
514(1)
Contingency Fee Limitations
514(1)
Precalendar Conference
515(1)
Discovery Proceedings
515(1)
Expert Witnesses
515(1)
Statutes of Limitations
515(1)
Frivolous Claims
516(1)
Joint and Several Liability
517(1)
Malpractice Caps/Award Limitations
517(1)
No-Fault System
518(1)
Peer Review Organizations
519(1)
Professional Misconduct
520(1)
Regulation of Insurance Practices
521(1)
Setting Standards of Medical Care
521(1)
National Health Care Reform
521(1)
Risk Management
522(2)
Continuous Quality Improvement
524(6)
Glossary 530(11)
Index of Cases 541(8)
Index 549

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