Malpractice Liability in the Helping and Healing Professions

Malpractice Liability in the Helping and Healing Professions

Author: Warren Freedman

Publisher: Praeger

Published: 1995-05-23

Total Pages: 288

ISBN-13:

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Amid great concern for universal health care is succinct, well documented, accessible review of malpractice liability in health care and related professions. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles promulgated by the major associations of the health care industry itself, and then looks at malpractice liability from the viewpoint of court decisions and the fact patterns on which they are based. He also considers professional malpractice insurance and the right of health care industry professionals to determine for themselves whether the gains to be had from settling a claim out of court might outweigh the potential benefits from a successful litigation. Not just for attorneys but for their clients too, Freedman's book guides professionals through the principles of malpractice law, and in doing so provides them with guidance they need in today's malpractice crazed society.


Malpractice and Medical Liability

Malpractice and Medical Liability

Author: Santo Davide Ferrara

Publisher: Springer Science & Business Media

Published: 2013-04-11

Total Pages: 374

ISBN-13: 3642358314

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Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​


International Medical Malpractice Law

International Medical Malpractice Law

Author: Dieter Giesen

Publisher: BRILL

Published: 1988-01-01

Total Pages: 1000

ISBN-13: 9783166453224

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This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.


Medical Liability and Treatment Relationships

Medical Liability and Treatment Relationships

Author: Mark A. Hall

Publisher: Aspen Publishing

Published: 2018-05-21

Total Pages: 593

ISBN-13: 1543804748

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Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual. Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.


Medical Malpractice: Understanding The Law, Managing The Risk

Medical Malpractice: Understanding The Law, Managing The Risk

Author: Tan Siang-yong

Publisher: World Scientific Publishing Company

Published: 2006-01-23

Total Pages: 364

ISBN-13: 9813106654

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This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.


Legal Issues in Social Work, Counseling, and Mental Health

Legal Issues in Social Work, Counseling, and Mental Health

Author: Robert G. Madden

Publisher: SAGE Publications

Published: 1998-03-09

Total Pages: 299

ISBN-13: 1452251002

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As a psychotherapist, what do you need to know about the law? How does the legal system support (or fail to support) your work or the delivery of mental health services generally? What can you do to make use of the law and the legal system to improve your practice and to protect yourself? Filling a significant gap in the social work and other psychotherapeutic literature, Legal Issues in Social Work, Counseling, and Mental Health presents clearly and comprehensively what mental health and other direct practice professionals need to know to respond to the legal issues that surround practice. This volume covers a wide range of topics, including providing testimony, responding to subpoenas, dealing with an attorney, influencing the legal system, and understanding the legal side of the business of psychotherapy. The author also discusses various direct practice and human service issues, incorporating some of the everyday legal issues these professionals encounter and using case material. The book educates counselors and clinicians on the function of the law in their professional lives. Through cases and case vignettes, the author illustrates the legal processes relevant to cliniciansÆ professional lives, and suggests "alternative behaviors for clinicians that would satisfy legal requirements, yet remain within sound practice." Helping to demystify the legal system, Legal Issues in Social Work, Counseling, and Mental Health will allow professionals and students in social work, human services, family studies, counseling, clinical psychology, pastoral counseling and psychotherapy a better understanding of the law.


Health Care Malpractice

Health Care Malpractice

Author: Ronald W. Scott

Publisher: McGraw-Hill Professional Publishing

Published: 1999

Total Pages: 168

ISBN-13:

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More than ever you need to be aware of the full range of issues and concerns associated with malpractice. Health Care Malpractice, Second Edition, by renowned health care professional and lawyer Ron Scott, gives you the tools to understand, prevent and, if necessary, prepare yourself for malpractice proceedings. The content is eminently practical with two sample casesone real, one hypothetical - per chapter. In addition, the impact of managed care on malpractice is analyzed in depth. You'll examine: the four bases for malpractice: professional negligence, intentional misconduct, breach of therapeutic promise, and liability for defective products or dangerous activities; defense strategies to malpractice claims and lawsuits; trends in malpractice law and liability; legal and ethical issues related to managed care, and much more. A mock trial concludes the text and gives you a vivid picture of what actually goes on in the courtroom.


The Medical Malpractice Survival Handbook E-Book

The Medical Malpractice Survival Handbook E-Book

Author: ACLM

Publisher: Elsevier Health Sciences

Published: 2007-03-09

Total Pages: 549

ISBN-13: 0323070884

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Reduce your risk of costly litigation! Written in easy-to-understand language by a team of medical doctors who are also attorneys at law, this handbook addresses the issues surrounding the growing incidence of medical malpractice. It examines the scenarios that can result in a malpractice suit, the best actions to take during the course of litigation, and the most effective ways to minimize your legal liabilities. Access the expert guidance of top professionals across medical and legal fields in an easy-to-read format. Review the legal aspects of nearly every medical topic that impacts health care professionals. Quickly see how to minimize your legal liabilities with the aid of "Golden Rule" boxes. Understand the different types of malpractice suits and the physician's position and defense in each. See how concepts apply to specific scenarios through abundant case studies. Explore specific legal considerations for each medical specialty.