Davis Pathology and Law

A Practical Guide for the Pathologist
2004
ISBN: 978-0-387-21818-2
Verlag: Springer US
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 221 Seiten, eBook

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

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