Preface to the Sixth Edition | p. xiii |
Acknowledgments | p. xv |
Chapter 1 The Anglo-American Legal System | p. 1 |
Some History | p. 1 |
Anglo-American Law | p. 2 |
The Definition of Law | p. 3 |
Types and Sources of Law | p. 4 |
The Court System | p. 9 |
Alternative Dispute Resolution | p. 14 |
Legal Procedure | p. 15 |
The Court Decides | p. 21 |
Simkins v. Moses H. Cone Mem. Hosp | p. 21 |
Planned Parenthood of S.E. Pennsylvania v. Casey | p. 24 |
Chapter 2 A Brief History of Medicine | p. 27 |
Introduction | p. 27 |
The Long View: A Summary | p. 28 |
Early History | p. 28 |
Health Reform Arrives at Last (Apparently) | p. 46 |
Conclusion | p. 47 |
Appendix 2.1: A Select Timeline of the History of Medicine | p. 51 |
Chapter 3 Contracts and Intentional Torts | p. 55 |
Think Like a Lawyer | p. 55 |
Elements of a Contract | p. 56 |
The Physician-Patient Relationship | p. 57 |
Liability for Breach of Contract | p. 65 |
Liability for Breach of Warranty | p. 66 |
Intentional Torts | p. 67 |
Assault and Battery | p. 68 |
The Court Decides | p. 75 |
Stowers v. Wolodzko | p. 75 |
Chapter 4 Negligence | p. 81 |
Duty | p. 81 |
Breach of Duty | p. 88 |
Injury and Causation | p. 96 |
Defenses | p. 98 |
Liability for Acts of Others: Vicarious Liability | p. 102 |
Countersuits by Physicians | p. 104 |
Reforming the Tort System | p. 105 |
The Court Decides | p. 108 |
Helling v. Carey | p. 108 |
Perin v. Hayne | p. 109 |
Chapter 5 The Organization and Management of a Corporate Healthcare Institution | p. 119 |
Formation and Nature of a Corporation | p. 120 |
Responsibilities of the Governing Board | p. 126 |
Responsibilities of Management | p. 131 |
Management's Role in Employment Law Issues | p. 132 |
Piercing the Corporate Veil | p. 133 |
Multi-Institutional Systems and Corporate Reorganization | p. 135 |
Alternative Corporate Strategies | p. 138 |
Collaborative Strategies with Physicians | p. 139 |
What Lies Ahead | p. 144 |
The Court Decides | p. 146 |
Charlotte Hungerford Hospital v. Mulvey | p. 146 |
Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries | p. 147 |
Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co. | p. 150 |
Chapter 6 Liability of the Healthcare Institution | p. 157 |
Respondeat Superior Versus Independent Contractor Status | p. 158 |
Erosion of Physicians' Independent Contractor Status | p. 160 |
Apparent Agency | p. 162 |
Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines | p. 164 |
Doctrine of Corporate Liability | p. 165 |
The Court Decides | p. 178 |
Norton v. Argonaut Insurance Co | p. 178 |
Johnson v. Misericordia Community Hospital | p. 182 |
Chapter 7 Health Reform, Access to Care, and Admission and Discharge | p. 191 |
Introduction: The "Bight" to Healthcare | p. 191 |
The Health Reform Laws of 2010 | p. 192 |
Pre-Reform Principles: Admission and Discharge | p. 201 |
Admission and Treatment of Mentally 111 Patients | p. 207 |
Discharge from the Hospital | p. 212 |
Utilization Review: Controls on Admission and Discharge | p. 216 |
The Court Decides | p. 221 |
Hill v. Ohio County | p. 221 |
Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpoints | p. 228 |
Chapter 8 Medical Staff Privileges and Peer Review | p. 233 |
The Medical Staff Organization | p. 233 |
Appointment of Medical Staff | p. 235 |
Due Process and Equal Protection Requirements | p. 236 |
Standards for Medical Staff Appointments | p. 237 |
Peer Review, Discipline, and the Health Care Quality Improvement Act | p. 241 |
Other Medical Staff Issues | p. 253 |
The Court Decides | p. 261 |
Kadlec Medical Center v. Lakeview Anesthesia Associates | p. 261 |
Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended | p. 272 |
Chapter 9 Emergency Care | p. 279 |
The Need for Emergency Care Facilities | p. 280 |
Duty to Treat and Aid | p. 281 |
Duty to Exercise Reasonable Care | p. 293 |
Good Samaritan Statutes | p. 297 |
Chapter 10 Consent for Treatment and Withholding Consent | p. 305 |
Types of Consent and Recommended Procedures | p. 306 |
The Healthcare Institution's Role in Consent Cases | p. 310 |
How "Informed" Must Informed Consent Be? | p. 311 |
Consent of a Spouse or Relative | p. 316 |
Life-or-Death Decisions | p. 317 |
Consent Issues for Incompetent Adults | p. 320 |
Consent Issues for Minors | p. 325 |
Legislation and Protocols on End-of-Life Issues | p. 333 |
The Court Decides | p. 337 |
Cobbs v. Grant | p. 337 |
Bush v. Schiavo | p. 342 |
Appendix 10.1: Georgia Advance Directive | p. 351 |
Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST) | p. 358 |
Chapter 11 Taxation of Healthcare Institutions | p. 361 |
Nature of a Charitable Corporation | p. 361 |
Federal Tax Issues | p. 365 |
State and Local Property Taxes | p. 369 |
Coming Full Circle | p. 375 |
The Court Decides | p. 377 |
Greater Anchorage Area Borough v. Sisters of Charity | p. 377 |
Barnes Hospital v. Collector of Revenue | p. 378 |
Provena Covenant Medical Center v. Department of Revenue | p. 380 |
Chapter 12 Competition and Antitrust Law | p. 389 |
The Sherman Act | p. 391 |
The Clayton Act | p. 392 |
The Federal Trade Commission Act | p. 396 |
Jurisdiction, Exemptions, and Immunity | p. 396 |
Sanctions and Enforcement of Antitrust Statutes | p. 403 |
Rule-of-Reason Analysis and Per Se Violations | p. 404 |
The Court Decides | p. 421 |
In the Matter of Evanston Northwestern Healthcare Corporation | p. . 421 |
Chapter 13 Fraud Laws and Corporate Compliance | p. 431 |
The Enforcement Climate | p. 431 |
False Claims Act | p. 437 |
Anti-Kickback Statute | p. 442 |
Stark Self-Referral Law | p. 447 |
Corporate Compliance Programs | p. 451 |
The Court Decides | p. 455 |
United States v. Greber | p. 455 |
United States v. McClatchey | p. 458 |
Chapter 14 Issues of Reproduction and Birth | p. 463 |
Sterilization | p. 463 |
Wrongful Birth and Wrongful Life | p. 467 |
Other Reproduction Issues | p. 475 |
Abortion | p. 479 |
Hospitals' Role in Reproduction Issues | p. 489 |
The Court Decides | p. 492 |
Skinner v. Oklahoma ex rel. Attorney General | p. 492 |
Chapter 15 Health Information Management | p. 503 |
Covered Entity, Protected Health Information, and De-identification | p. 504 |
Form and Content of Records | p. 505 |
Access to Health Information | p. 511 |
Use of Health Records in Legal Proceedings | p. 527 |
State Open-Meeting and Public-Records Laws | p. 531 |
The Court Decides | p. 534 |
Tarasoff v. Regents of the University of California | p. 534 |
Glossary | p. 547 |
Case Index | p. 553 |
Index | p. 567 |
About the Author | p. 599 |