Pathology and Law: A Practical Guide for the Pathologist by Gregory DavisPathology and Law: A Practical Guide for the Pathologist by Gregory Davis

Pathology and Law: A Practical Guide for the Pathologist

byGregory Davis

Paperback | January 9, 2004

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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.
Title:Pathology and Law: A Practical Guide for the PathologistFormat:PaperbackDimensions:237 pagesPublished:January 9, 2004Publisher:Springer New YorkLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0387200355

ISBN - 13:9780387200354

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Table of Contents

ContentsAcknowledgments PrefaceContributors 1. IntroductionOn Medicine and Law SimilaritiesDifferencesThe King in His Court2. Theory and Operation of the American Legal SystemAmerican Legal Theory American Legal Theory in OperationThe Dramatis Personae Types of Trials-Civil and CriminalReferences3. Impact of Law on Pathology Practice-Everyday OccurrencesMedical Practice The Duty of a PhysicianPathologist-Patient Relationship Abandonment Surgical Specimens with Forensic WorthGross Pathology and the Traumatic Spleen Bullets Chain of CustodySpecimens with Civil Implications(Especially Potential Malpractice)CytologyCervical Preparations Fine Needle Aspirates Autopsies Obtaining Autopsy ConsentPerforming a Hospital Autopsy Retention of SpecimensRoutineAt Request of an Attorney Anatomical Gifts and Unusual SpecimensClinical Pathology Samples for Toxicology Testing (Ethanol and Drugs of Abuse) Transfusion MedicineRequests for DNA Confirmation Citation of References in Reports Transmitting Information to Clinicians and Clinical Staff Reporting Critical ValuesWhat to Do When You Discover that an Error Has Occurred Statute of Limitations Pathology Leadership of The LaboratoryDisciplinary ActionsDismissal 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 CaseObtained of You by an Outside Pathologist in a Difficult CaseReferences4. Impact of Law on Practice of Pathology-MalpracticeWhat Is Malpractice?The Four Pillars of Malpractice The Business of Malpractice LawPatients as Plaintiffs Practice of Medical Malpractice LawFormal Notification of a Malpractice SuitReaction to a Notice Response to a NoticeThe 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 MalpracticeWhen the Physician Is Found Not Guilty of MalpracticeDifficulty of CountersuitsReducing the Chance of a Malpractice Suit Indefensible Positions The Impaired PhysicianProfessional Misconduct Criminal Wrongdoing References5. Expert Witness Testimony Requirements to Be an Expert Witness Reasons to Avoid Becoming an Expert WitnessHow to Become an Expert Witness Accepting or Refusing a CaseExpectations of a Good Expert Witness EquanimityKeeping Track of Prior TestimonyReportCompetence in Testifying Payment as an Expert Witness What an Expert Witness Is Paid forSetting Expert Witness Fees Getting Stiffed References6. Natural History of a Legal Suit Preliminary StagesReviewing the Case with an Attorney Reviewing the Case YourselfDepositionWhat Is a Deposition? Advantages of a Deposition Conduct at DepositionOutcome of a Deposition TrialJury Selection Presentation of EvidenceJury Deliberation Mistrials Trial Dates Testifying On Giving a Good Performance On TestifyingLegal Ploys Used by Attorneys 7. Unethical Expert Witness Testimony Ethical Expert Witness TestimonyUnethical Expert Witness Testimony LyingWillful Failure to Consider Pertinent Medical EvidenceQuackeryMechanisms for Handling Unethical TestimonyIn CourtOut of CourtConclusion References8. Quality Assurance and Record KeepingDefinitions and RequirementsImportance of Quality Assurance to a Hospital Overlap of Quality Assurance and Risk ManagementShortcomings of Quality Assurance ProgramsRecord Keeping Reference 9. When the Time Comes toBe an Activist:Interacting with the LegislatureGeneral Overview of the Legislative Process Staying Current with Legislation Communicating with Your Legislators Telephone CallsFacsimiles and E-mail Personal Letters Meeting with Your Legislators Planning the Meeting Common Errors in Interacting with LegislatorsConclusion Sources10. Legal Implications for the Information AgeHealth Information Portability and Accountability ActTelemedicineAdvantages and Disadvantages Legal MattersE-mailReferencesGlossary of Legal Terms Index