Pathology and law : a practical guide for the pathologist
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
1 online resource (xvi, 221 pages)
9780387200354, 9780387218182, 9781280189630, 0387200355, 0387218181, 1280189630
231581389
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 Legislative Process
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
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