Legal Issues In Medical Practice

Legal issues in medical practice have been gripping medical doctors by surprise in recent years. Some decades ago legal issues in medical practice never created any problem. A greater awareness is being created by adding doctor’s services within the ambit of Consumer Protection Act, 1986. Neither during the undergraduate training nor the postgraduate courses doctors have ever prepared themselves to deal with real-world situations of litigation related to allegations of negligence. While facing litigation related to allegation of negligence in law courts for the first time, a doctor realizes the importance of medical records, consent and expert witness and searches for help books. There are many books available for reference but this one is a handbook for practising doctors and their lawyers grappled with legal issues culminating in litigations covering a vast number of medical specialties and systems.This book proposes to fill the existing vacuum by creating authentic base required to understand the legal issues in medical practice in India. The esteemed contributors have put in their best efforts to share their knowledge, experience and wisdom with the readers by discussing various landmark legal decisions in the field of (alleged) medical negligence. It aims to make the medical practice safe, ethical, reassuring and hassle-free by discussing various legal issues related to medical practice.

Over the last quarter of a century, the fields of medical ethics and of legal issues related to medical practice have rapidly developed for a number of reasons. Firstly, the provision of healthcare nowadays is based on a complicated partnership between healthcare providers, patients, administrators and organizations responsible for providing finance; this complicated partnership frequently results in clashes of views, opinions, and priorities, which have a major ethical and legal dimension. Secondly, a major event of the 21st century is the development of multicultural societies; healthcare-related decisions thus have to be made on the background of so many different ethnicities, religions, cultures and languages, resulting in a great spectrum of ethical and legal implications. Thirdly, in the modern world, people are more mobile and can easily and cost-effectively seek treatment outside of their country of origin or residence, which raises many ethical and legal issues. Lastly, the development of new medical specialties, modern and advanced treatments for very challenging patients, and the introduction of new technologies in medical practice have dramatically broadened the spectrum of ethical and legal issues related to medical practice. This book will therefore aim to cover in detail general principles and specific issues related to the ethical and legal dimensions of modern surgical practice.

The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a comprehensive resource intended to provide a state-of-the-art overview of complex ethical, regulatory, and legal issues of importance to clinical healthcare professionals in the area of acute care medicine; including, for example, physicians, advanced practice providers, nurses, pharmacists, social workers, and care managers. In addition, this book also covers key legal and regulatory issues relevant to non-clinicians, such as hospital and practice administrators; department heads, educators, and risk managers. This text reviews traditional and emerging areas of ethical and legal controversies in healthcare such as resuscitation; mass-casualty event response and triage; patient autonomy and shared decision-making; medical research and teaching; ethical and legal issues in the care of the mental health patient; and, medical record documentation and confidentiality. Furthermore, this volume includes chapters dedicated to critically important topics, such as team leadership, the team model of clinical care, drug and device regulation, professional negligence, clinical education, the law of corporations, tele-medicine and e-health, medical errors and the culture of safety, regulatory compliance, the regulation of clinical laboratories, the law of insurance, and a practical overview of claims management and billing. Authored by experts in the field, The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a valuable resource for all clinical and non-clinical healthcare professionals.

Explains civil and criminal law principles relevant to medical practitioners in language non-lawyers can understand.

Legal and Ethical Issues for Health Professionals, Third Edition provides the reader with a clear understanding of the law and ethics as it relates to health care dilemmas. The practical application of ethics in the health care setting is accomplished by interspersing the thoughts of great minds through Quotes and the real world of Newspaper Articles, patient experiences through People Stories, provider and organizational experiences through Reality Checks, and Legal Case Studies. This dynamic texts concludes with a Closet Drama that ties all the elements of the text together in one case. Each new print textbook includes an online access code for a Companion Website with helpful student resources. Access to the Companion Website may be purchased separately. http://www.jblearning.com/cart/Default.aspx?bc=7135-8&ref=jblearning Student Companion Website Includes: •Crossword Puzzles •Flashcards •Interactive Glossary •Matching Exercises •Review Questions •Web Links Instructor Resources •Instructor's Manual, including a Sample Syllabus •PowerPoint Presentations •Formatted Test Bank New to the Third Edition Content and Data Updated and Revised Throughout Numerous New: Quotes, Newspaper Articles, People Stories, Reality Checks, and Legal Case Studies Chapter 1 – New: Expanded discussion of Ethics, Virtues and Values Chapter 7 – New Topics: Patient Protection and Affordable Care Act Democracy for the Wealthy: Fairness and Justice Illusive Ethics in Public Service CMS Non-Payment For Performance of Wrong Procedures Chapter 8 – New Topic: Accreditation of Hospitals and Conflicts of Interest Chapter 9 – New Additions: New Section: Social Workers New Abstract: Incidence and Recognition of Malnutrition in Hospital Chapter 15 – New Chapter: Summary Case—Star Chamber New Appendix: Website References

Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.