Pathology and Law: A Practical Guide for the Pathologist

ISBN-13: 9780387200354 / Angielski / Miękka / 2004 / 221 str.

Gregory G. Davis; G. Davis

Opis

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.

Spis treści

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