Medical Liability And Treatment Relationships

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.

Reliable source on medical liability law. Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.

This book is, in part, adapted from speeches I have given to medical, insurance, and legal organizations across the United States and in Australia and Canada over the last two years. Liability exposure has been a major issue for healthcare and insurance professionals for a long time, and they are looking for new solutions to an old problem. More and more doctors, nurses, risk managers, hospital administrators, and insurance executives are turning to Sorry Works! for answers. I thought it was time to put Sorry Works! in a book that was concise and to the point. Along the way I met and had the pleasure of working with James Saxton and his team at the law firm of Stevens & Lee. It was fascinating to me how as lawyers and health law consultants they were spreading the same message. To make sure this message was well grounded in law and risk management principles, we collaborated, and this book is part of that partnership. This book adequately covers the topic of disclosure and apology but has intentionally been kept short so even the busiest professional could read it on a plane ride or over a weekend. Though Sorry Works! has its roots in medicine, it is my hope that this book finds a wider audience in corporations, the small business community, and other sectors of our society that are concerned about litigation. I also hope the book appears in college course syllabi so future doctors, lawyers, and business people can read, discuss, and debate it. Indeed, if Sorry Works! can work in medical malpractice (often thought to be one of the most contentious and expensive litigation arenas) imagine what it can do elsewhere! Moreover, though Sorry Works! is a process and program, it also a way oflife universal to all people. Indeed, Sorry Works! returns us to our parents' lessons about apology and fixing mistakes. People can actually live with mistakes, but they do not accept or tolerate cover-ups. Sorry Works! taps into this psyche and, in doing so, provides a simple yet devastatingly effective way to reduce litigation and associated expenses while improving outcomes and safety, which further decreases litigation exposure. The keys are honesty, candor, and a real commitment to fix problems when something goes wrong. All three elements must be present to prevent conflict, and Sorry Works! shows you how to do it.

The second volume of an overall look at the "malpractice crisis" sheds fresh light on the civil justice and insurance systems, medical liability issues, and their combined effect on health care for mothers and children. Topics include the liability implications of the rising rate of Cesarean sections, an evaluation of the American Medical Association's proposed alternative to the justice system for resolving medical liability disputes, and a review of legislative proposals under consideration.

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance and the effects of this trade on foreign health care systems.

A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.