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.
Edition
Language
Place of publication
Target group
Professional and scholarly
Professional/practitioner
Illustrations
1 s/w Abbildung
XVI, 221 p. 1 illus.
Dimensions
Height: 235 mm
Width: 155 mm
Thickness: 14 mm
Weight
ISBN-13
978-0-387-20035-4 (9780387200354)
DOI
10.1007/978-0-387-21818-2
Schweitzer Classification
1. Introduction.- On Medicine and Law.- The King in His Court.- 2. Theory and Operation of the American Legal System.- American Legal Theory.- American Legal Theory in Operation.- References.- 3. Impact of Law on Pathology Practice-Everyday Occurrences.- Medical Practice.- Surgical Specimens with Forensic Worth.- Cytology.- Autopsies.- Retention of Specimens.- Clinical Pathology.- Citation of References in Reports.- Transmitting Information to Clinicians and Clinical Staff.- Statute of Limitations.- Pathology Leadership of The Laboratory.- Consultations and Liability.- References.- 4. Impact of Law on Practice of Pathology-Malpractice.- What Is Malpractice?.- The Four Pillars of Malpractice.- The Business of Malpractice Law.- Formal Notification of a Malpractice Suit.- Difficulty of Countersuits.- Reducing the Chance of a Malpractice Suit.- The Impaired Physician.- References.- 5. Expert Witness Testimony.- Requirements to Be an Expert Witness.- Reasons to Avoid Becoming an Expert Witness.- How to Become an Expert Witness.- Accepting or Refusing a Case.- Expectations of a Good Expert Witness.- Payment as an Expert Witness.- References.- 6. Natural History of a Legal Suit.- Preliminary Stages.- Deposition.- Trial.- Testifying.- 7. Unethical Expert Witness Testimony.- Ethical Expert Witness Testimony.- Unethical Expert Witness Testimony.- Mechanisms for Handling Unethical Testimony.- Conclusion.- References.- 8. Quality Assurance and Record Keeping.- Definitions and Requirements.- Importance of Quality Assurance to a Hospital.- Overlap of Quality Assurance and Risk Management.- Shortcomings of Quality Assurance Programs.- Record Keeping.- Reference.- 9. When the Time Comes to Be an Activist: Interacting with the Legislature.- General Overview of the LegislativeProcess.- Staying Current with Legislation.- Communicating with Your Legislators.- Meeting with Your Legislators.- Conclusion.- Sources.- 10. Legal Implications for the Information Age.- Health Information Portability and Accountability Act.- Telemedicine.- E-mail.- References.- Glossary of Legal Terms.
