Pathology and Law

A Practical Guide for the Pathologist
2004
ISBN: 978-0-387-20035-4
Verlag: Springer

Buch, Englisch, 221 Seiten, Paperback, Format (B × H): 155 mm x 235 mm, Gewicht: 371 g

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.

Zielgruppe

Professional/practitioner

Autoren/Hrsg.

Davis, Gregory

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Beziehungen des Rechts zu anderen Disziplinen
• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Medizin, Gesundheitswesen Medizinrecht, Gesundheitsrecht
• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Medizinische Fachgebiete Pathologie, Cytopathologie, Histopathologie

Inhaltsverzeichnis

Contents
Acknowledgments
Preface
Contributors 1. Introduction
On Medicine and Law
Similarities
Differences
The King in His Court 2. Theory and Operation of the American Legal System
American Legal Theory
American Legal Theory in Operation
The Dramatis Personae
Types of Trials—Civil and Criminal
References 3. Impact of Law on Pathology Practice—Everyday Occurrences
Medical Practice
The Duty of a Physician
Pathologist–Patient Relationship
Abandonment
Surgical Specimens with Forensic Worth
Gross Pathology and the Traumatic Spleen
Bullets
Chain of Custody
Specimens with Civil Implications
(Especially Potential Malpractice)
Cytology
Cervical Preparations
Fine Needle Aspirates
Autopsies
Obtaining Autopsy Consent
Performing a Hospital Autopsy
Retention of Specimens
Routine
At Request of an Attorney
Anatomical Gifts and Unusual Specimens
Clinical Pathology
Samples for Toxicology Testing (Ethanol and Drugs of Abuse)
Transfusion Medicine
Requests for DNA Confirmation
Citation of References in Reports
Transmitting Information to Clinicians and Clinical Staff
Reporting Critical Values
What to Do When You Discover that an Error Has Occurred
Statute of Limitations
Pathology Leadership of The Laboratory
Disciplinary Actions
Dismissal
Confronting a Colleague
Consultations and Liability
Informal (Curbside) Consults
By Clinical Staff of You Concerning an Opinion of Your Partner
By a Partner on a Difficult Case
Obtained by You from an Outside Expert in a Difficult Case
Obtained of You by an Outside Pathologist in a Difficult Case
References 4. Impact of Law on Practice of Pathology—Malpractice
What Is Malpractice?
The Four Pillars of Malpractice
The Business of Malpractice Law
Patients as Plaintiffs
Practice of Medical Malpractice Law
FormalNotification of a Malpractice Suit
Reaction to a Notice
Response to a Notice
The Importance of Keeping Your Mouth Shut
Parties to Whom You Should Speak after Being Named as a Defendant, and Why
Work with the Attorney Assigned to Represent You
Signs that You Need a New Attorney
Possible Outcomes
When the Physician Is Found Guilty of Malpractice
When the Physician Is Found Not Guilty of Malpractice
Difficulty of Countersuits
Reducing the Chance of a Malpractice Suit
Indefensible Positions
The Impaired Physician
Professional Misconduct
Criminal Wrongdoing
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
Equanimity
Keeping Track of Prior Testimony
Report
Competence in Testifying
Payment as an Expert Witness
What an Expert Witness Is Paid for
Setting Expert Witness Fees
Getting Stiffed
References 6. Natural History of a Legal Suit
Preliminary Stages
Reviewing the Case with an Attorney
Reviewing the Case Yourself
Deposition
What Is a Deposition?
Advantages of a Deposition
Conduct at Deposition
Outcome of a Deposition
Trial
Jury Selection
Presentation of Evidence
Jury Deliberation
Mistrials
Trial Dates
Testifying
On Giving a Good Performance
On Testifying
Legal Ploys Used by Attorneys 7. Unethical Expert Witness Testimony
Ethical Expert Witness Testimony
Unethical Expert Witness Testimony
Lying
Willful Failure to Consider Pertinent Medical Evidence
Quackery
Mechanisms for Handling Unethical Testimony
In Court
Out of Court
Conclusion
References 8. Quality Assurance and Record Keeping
Definitions and Requirements
Importance of Quality Assurance to a Hospital
Over