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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.
This new text is based on Frederic G. Reamer's key reference for practitioners, Social Work Malpractice and Liability: Strategies for Prevention. Rooted in his own experiences as an expert witness in court and licensing board cases, the volume introduces the concepts of negligence, malpractice, and liability before turning to the subject of risk management. Reflecting on recent legal cases and research, Reamer identifies a variety of problems in the social work field relating to privacy and confidentiality, improper treatment and delivery of services, impaired practitioners, supervision, consultations and referrals, fraud and deception, and termination of service. He also explores the unprecedented ethical challenges created by new digital technologies—such as online counseling, video counseling, and practitioners' use of social networks and social media—and describes current issues relating to HIPAA compliance and access to electronic health records (EHR) and health information exchanges (HIE).He concludes with practical suggestions for social workers named as defendants in lawsuits and respondents in licensing board complaints.
Outlines the attitudes, knowledge and skills important to medical care risk management and liability. Provides recommendations that indicate ways to help reduce the incidence of malpractice claims. Addresses the patient-provider relationship, legal definitions, patients rights issues, informed consent, documenting and protecting medical records, issues of physician competence, the most frequent allegations found in IHS/tribal malpractice claims, the Fed. Tort Claims Act and claims processing, malpractice reporting agencies, and malpractice suits against individuals. Includes sample affidavits, and a list of risk mgmt. do's and don'ts.
The history of accountability: From immunity to liability. Dissecting the malpractice problem. Hospitals' response: Insurance options and risk management. Physician-related medical injury. Mounting a program to prevent medically related injuries. Relating patient injury pre- vention to quality assurance. Organization and implementation of a patient injury prevention system.
Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is also highly relevant to practitioners in all other health care and legal disciplines that collaborate in the delivery of health care. Issues discussed include the expanding and evolving roles for professional nurses and the concomitant legal accountability and risk for liability, the increasing incidence of nurses named as defendants in malpractice lawsuits, anticipated changes in our health care delivery system, and breakthroughs in science and technology that will present new legal questions. The book also includes material on other important facets of today's nursing practice, including the growing phenomenon of tele-nursing, the essentials of malpractice insurance, and the legal significance of documentation and patients' medical records. It helps the reader identify the nurse at risk for a malpractice suit and the characteristics of the patient likely to sue. The appendices provide information on state laws concerned with access to medical records, a list of useful websites, a list of state boards of nursing, and a glossary of important terms.
This publication surveys and assesses various types of mechanisms and reforms implemented and refined in OECD countries that best limit and indemnify medical accidents.
"In preparing this volume, we followed one guiding principle: the contents are confined to what practitioners need to know or should consider. There are three goals: (a) to provide a practical manual that demonstrates how the ethical principles within which a practitioner must operate can be applied in a real world; (b) to help practitioners understand how the laws governing practice work; and (c) to explain some of the basics of how the system that protects practitioners, including insurance, can work for practitioners. This book was designed to answer the questions about professional liability that are asked by all mental health practitioners, not just psychologists. This volume has five chapters, which fall into two sections. Part I (chapters 1 to 3) focuses on the practical meanings of malpractice, duty of care, ethics, the law, and liability insurance and how they interact. Chapter 1 provides a few examples of the types of suits brought against psychologists from all specialties. Chapter 2 discusses the real meaning of ethics and practice guidelines. Chapter 3 discusses the nature of professional liability and its relation to practice. Part II (chapters 4 and 5) provides suggestions about how practitioners can integrate safeguards into daily practice that will best accommodate the interests of clients and practitioners. These practical suggestions appear in chapter 4 in the form of focus lists. Next, chapter 5 explains the role and structure of professional liability insurance"--Introduction.
The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.