


Paperback
Published: 9th January 2004
ISBN: 9780387200354
Number Of Pages: 221
Almost all pathologists face legal issues when dealing with the specimens they work with on a day-to-day basis, whether it involves quality control and assurance in handling the specimens, facing the possibility of malpractice suits, or serving as an expert witness in a trial.
Written in an easy to read, conversational tone, with a dose of good humor, this book fills the need for a handbook that discusses the full spectrum of legal issues that many pathologists face, written from a pathologist's point of view. Organized in 12 user-friendly chapters, the book begins with a comparison of Law and Medicine and explains the basics of the American Legal System. It continues with discussions of the impact of law on the practice of pathology, including such topics as specimens with potential legal implications, the controversy of saving organs for teaching, procuring and saving specimens for toxicology testing and DNA confirmation in identity testing. A must-have section on malpractice suits covers reasons why patients sue, what to do if sued, and reducing the chance of being sued. The author addresses expert witness testimony, including how to be an expert witness, conflicts of interest, conduct in a courtroom, what to say and what not to say. Quality control and assurance as it applies to the pathologist is also discussed. Legal implications for the information age, including the use of internet and e-mail with regard to patient confidentiality is discussed in detail. Case samples are scattered throughout the text to illustrate the principles discussed. Every term is defined in the glossary.
Acknowledgments | p. vii |
Preface | p. ix |
Contributors | p. xi |
Introduction | p. 1 |
On Medicine and Law | p. 1 |
Similarities | p. 1 |
Differences | p. 2 |
The King in His Court | p. 3 |
Theory and Operation of the American Legal System | p. 5 |
American Legal Theory | p. 5 |
American Legal Theory in Operation | p. 7 |
The Dramatis Personae | p. 7 |
Types of Trials-Civil and Criminal | p. 15 |
References | p. 15 |
Impact of Law on Pathology Practice-Everyday Occurrences | p. 17 |
Medical Practice | p. 17 |
The Duty of a Physician | p. 17 |
Pathologist-Patient Relationship | p. 20 |
Abandonment | p. 20 |
Surgical Specimens with Forensic Worth | p. 21 |
Gross Pathology and the Traumatic Spleen | p. 21 |
Bullets | p. 23 |
Chain of Custody | p. 24 |
Specimens with Civil Implications (Especially Potential Malpractice) | p. 26 |
Cytology | p. 29 |
Cervical Preparations | p. 29 |
Fine Needle Aspirates | p. 30 |
Autopsies | p. 31 |
Obtaining Autopsy Consent | p. 34 |
Performing a Hospital Autopsy | p. 36 |
Retention of Specimens | p. 43 |
Routine | p. 43 |
At Request of an Attorney | p. 43 |
Anatomical Gifts and Unusual Specimens | p. 46 |
Clinical Pathology | p. 51 |
Samples for Toxicology Testing (Ethanol and Drugs of Abuse) | p. 51 |
Transfusion Medicine | p. 53 |
Requests for DNA Confirmation | p. 56 |
Citation of References in Reports | p. 60 |
Transmitting Information to Clinicians and Clinical Staff | p. 61 |
Reporting Critical Values | p. 61 |
What to Do When You Discover that an Error Has Occurred | p. 63 |
Statute of Limitations | p. 68 |
Pathology Leadership of The Laboratory | p. 69 |
Disciplinary Actions | p. 70 |
Dismissal | p. 71 |
Confronting a Colleague | p. 72 |
Consultations and Liability | p. 72 |
Informal (Curbside) Consults | p. 73 |
By Clinical Staff of You Concerning an Opinion of Your Partner | p. 74 |
By a Partner on a Difficult Case | p. 74 |
Obtained by You from an Outside Expert in a Difficult Case | p. 75 |
Obtained of You by an Outside Pathologist in a Difficult Case | p. 75 |
References | p. 75 |
Impact of Law on Practice of Pathology-Malpractice | p. 77 |
What Is Malpractice? | p. 77 |
The Four Pillars of Malpractice | p. 78 |
The Business of Malpractice Law | p. 81 |
Patients as Plaintiffs | p. 81 |
Practice of Medical Malpractice Law | p. 88 |
Formal Notification of a Malpractice Suit | p. 91 |
Reaction to a Notice | p. 91 |
Response to a Notice | p. 93 |
The Importance of Keeping Your Mouth Shut | p. 93 |
Parties to Whom You Should Speak after Being Named as a Defendant, and Why | p. 100 |
Work with the Attorney Assigned to Represent You | p. 101 |
Signs that You Need a New Attorney | p. 104 |
Possible Outcomes | p. 110 |
When the Physician Is Found Guilty of Malpractice | p. 114 |
When the Physician Is Found Not Guilty of Malpractice | p. 114 |
Difficulty of Countersuits | p. 115 |
Reducing the Chance of a Malpractice Suit | p. 115 |
Indefensible Positions | p. 119 |
The Impaired Physician | p. 126 |
Professional Misconduct | p. 127 |
Criminal Wrongdoing | p. 129 |
References | p. 129 |
Expert Witness Testimony | p. 131 |
Requirements to Be an Expert Witness | p. 131 |
Reasons to Avoid Becoming an Expert Witness | p. 134 |
How to Become an Expert Witness | p. 135 |
Accepting or Refusing a Case | p. 136 |
Expectations of a Good Expert Witness | p. 137 |
Equanimity | p. 138 |
Keeping Track of Prior Testimony | p. 139 |
Report | p. 140 |
Competence in Testifying | p. 141 |
Payment as an Expert Witness | p. 141 |
What an Expert Witness Is Paid for | p. 142 |
Setting Expert Witness Fees | p. 142 |
Getting Stiffed | p. 145 |
References | p. 148 |
Natural History of a Legal Suit | p. 149 |
Preliminary Stages | p. 149 |
Reviewing the Case with an Attorney | p. 149 |
Reviewing the Case Yourself | p. 154 |
Deposition | p. 155 |
What Is a Deposition? | p. 155 |
Advantages of a Deposition | p. 156 |
Conduct at Deposition | p. 157 |
Outcome of a Deposition | p. 161 |
Trial | p. 161 |
Jury Selection | p. 161 |
Presentation of Evidence | p. 162 |
Jury Deliberation | p. 163 |
Mistrials | p. 164 |
Trial Dates | p. 165 |
Testifying | p. 166 |
On Giving a Good Performance | p. 166 |
On Testifying | p. 168 |
Legal Ploys Used by Attorneys | p. 176 |
Unethical Expert Witness Testimony | p. 181 |
Ethical Expert Witness Testimony | p. 181 |
Unethical Expert Witness Testimony | p. 181 |
Lying | p. 181 |
Willful Failure to Consider Pertinent Medical Evidence | p. 182 |
Quackery | p. 183 |
Mechanisms for Handling Unethical Testimony | p. 184 |
In Court | p. 184 |
Out of Court | p. 187 |
Conclusion | p. 189 |
References | p. 190 |
Quality Assurance and Record Keeping | p. 191 |
Definitions and Requirements | p. 191 |
Importance of Quality Assurance to a Hospital | p. 191 |
Overlap of Quality Assurance and Risk Management | p. 192 |
Shortcomings of Quality Assurance Programs | p. 192 |
Record Keeping | p. 193 |
Reference | p. 193 |
When the Time Comes to Be an Activist: Interacting with the Legislature | p. 195 |
General Overview of the Legislative Process | p. 195 |
Staying Current with Legislation | p. 196 |
Communicating with Your Legislators | p. 197 |
Telephone Calls | p. 197 |
Facsimiles and E-mail | p. 198 |
Personal Letters | p. 198 |
Meeting with Your Legislators | p. 199 |
Planning the Meeting | p. 199 |
Common Errors in Interacting with Legislators | p. 199 |
Conclusion | p. 200 |
Sources | p. 200 |
Legal Implications for the Information Age | p. 201 |
Health Information Portability and Accountability Act | p. 201 |
Telemedicine | p. 202 |
Advantages and Disadvantages | p. 202 |
Legal Matters | p. 203 |
p. 207 | |
References | p. 208 |
Glossary of Legal Terms | p. 209 |
Index | p. 215 |
Table of Contents provided by Publisher. All Rights Reserved. |
ISBN: 9780387200354
ISBN-10: 0387200355
Audience:
General
Format:
Paperback
Language:
English
Number Of Pages: 221
Published: 9th January 2004
Publisher: Springer-Verlag New York Inc.
Country of Publication: US
Dimensions (cm): 23.57 x 16.2
x 1.12
Weight (kg): 0.34