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At least 343 records · Page 19Linked to original sources

American College of Sports Medicine position stand. Heat and cold illnesses during distance running.

Many recreational and elite runners participate in distance races each year. When these events are conducted in hot or cold conditions, the risk of environmental illness increases. However, exertional hyperthermia, hypothermia, dehydration, and other related problems may be minimized with pre-event education and preparation. This position stand provides recommendations for the medical director and other race officials in the following areas: scheduling; organizing personnel, facilities, supplies, equipment, and communication; providing competitor education; measuring environmental stress; providing fluids; and avoiding potential legal liabilities. This document also describes the predisposing conditions, recognition, and treatment of the four most common environmental illnesses: heat exhaustion, heatstroke, hypothermia, and frostbite. The objectives of this position stand are: 1) To educate distance running event officials and participants about the most common forms of environmental illness including predisposing conditions, warning signs, susceptibility, and incidence reduction. 2) To advise race officials of their legal responsibilities and potential liability with regard to event safety and injury prevention. 3) To recommend that race officials consult local weather archives and plan events at times likely to be of low environmental stress to minimize detrimental effects on participants. 4) To encourage race officials to warn participants about environmental stress on race day and its implications for heat and cold illness. 5) To inform race officials of preventive actions that may reduce debilitation and environmental illness. 6) To describe the personnel, equipment, and supplies necessary to reduce and treat cases of collapse and environmental illness.

Frostbite↗

Uncertain litigation and liability insurance.

Legal penalties and liability insurance seem to have counteracting effects on the incentives of a potential injurer to take due care. However, if legal penalties are set efficiently and implemented perfectly, unrestricted access to insurance can be optimal. In contract, if the standards of guilt assessment are uncertain, the size of the legal penalties may act as a spur to litigation. Therefore, the penalties required to maintain incentives when access to insurance is unlimited may provoke too much litigation, and as a consequence, the costs of ensuring due care may decline when insurance is restricted by mandate.

Contract Services↗

Medicaid program; identification of third party liability resources for medical assistance--HCFA. Final rule.

This final rule revises regulations governing a Medicaid State agency's responsibility to take reasonable measures to determine the legal liability of third parties to pay for services under the plan. The final regulations require that the agency at a minimum: Obtain certain health insurance information for Medicaid applicants or recipients during the initial application and redetermination processes; conduct, or in some cases attempt to secure agreements to conduct, certain types of data exchanges with specific State and Federal agencies, or in some cases alternate sources, to identify legally liable third parties; conduct diagnosis and trauma code edits to identify third party resources; and follow other specified procedures regarding frequency of conducting the above activities, follow up, safeguarding information obtained and exchanged, and reporting and reimbursement requirements. The objectives of these requirements are to improve State agency performance in the identification of third party resources and to assure the timely incorporation of this resource information into the third party claims payment processing system. This regulation also makes minor technical revisions to the Income and Eligibility Verification System final rule published in the Federal Register on February 28, 1986.

Centers for Medicare and Medicaid Services, U.S.↗

Medicolegal issues in cluster headache.

This paper identifies legal issues of relevance to the diagnosis and treatment of cluster headache, including areas of actual and potential malpractice liability. Legal topics that are relevant to cluster headache can be divided into five categories: diagnostic-related issues, risks inherent in the disease process, prescribing and treatment-related problems, research-related issues, and disability determination.

Cluster Headache↗

The image of the insane in ancient Jewish lore.

This article considers the attitude towards the insane and insanity in ancient Jewish sources. In the Bible, the most famous case of a psychopathological personality is that of King Saul, who was plagued by 'an evil spirit'. Saul also raises the problematic connections between prophecy and frenzy. Madness and confusion of mind are mentioned among the biblical 'curses for disobedience'. In the Talmud, there is a detailed symptomatic evaluation of insanity, in the context of legal liability. It is well-known that some individuals are at times insane, otherwise sane and responsible, which is legally taken into careful consideration. The Jewish historian Josephus describes in his works several cases of psychiatric patients. The most impressive case is that of Jesus ben Ananias, a delirious maniac who announced the fall of Jerusalem while roaming about the streets of the city. It may be argued that no clear attitude of derision or ostracism towards insane patients can be found in ancient Jewish literature. 'The Lord preserves the fools' (Ps 116: 6).

Attitude↗

Obstetrical practice survey report. Healthy Futures Program, May 2, 1991.

Oklahoma physicians in three specialty areas (ob/gyn, family practice, and general practice) were surveyed in regard to their practice of obstetrics. The 611 physicians who responded included a representative sample in regard to county of practice, rural vs urban, age, degree (DO & MD), specialty, and type of practice. Respondents accounted for 51% of the total 1989 births in Oklahoma during calendar year 1989. The vast majority (greater than 90%) of respondents report that they normally provide delivery services and prenatal care in combination. Cesarean sections are performed by almost all ob/gyns (97.6%), more than half of the family practitioners (56.5%), and a very few general practitioners (18.9%). Half of all physicians responding have made changes in their obstetric practice in the last 3 years. The most common changes are: reducing care of medically high risk, uninsured, and/or Medicaid patients. The most important reasons for these changes are: fear of obstetric malpractice suits, inconvenience of obstetrics and excessive professional liability insurance premiums. Specific reasons for reducing care to medically high risk patients were reported to be: increased medical legal liability, belief that high risk patients should be cared for by specialists, and lack of Medicaid reimbursement for diagnostic services. Almost 90% of the physicians responding to the survey are required to carry a minimum amount of professional liability insurance by the hospital where they practice with the most frequently stated amount being $1,000,000. Current average "global fees" reported by the respondents were $1,202 for a spontaneous vaginal delivery and $1,543 for a cesarean delivery.(ABSTRACT TRUNCATED AT 250 WORDS)

Adult↗

Drug product selection: legal issues.

OBJECTIVE: To review the potential legal liability of the pharmacist in the drug product selection process. DATA SOURCES: Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. DATA SYNTHESIS: Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. CONCLUSION: Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

Drugs, Generic↗

The legal rights of LGBT youth in state custody: what child welfare and juvenile justice professionals need to know.

Youth in state custody, regardless of their sexual orientation or gender identity, have federal and state constitutional and statutory rights. These rights guarantee a young person safety in their placement as well as freedom from deprivation of their liberty interest. Many lesbian, gay, bisexual, and transgender (LGBT) youth have these rights violated on a regular basis. Many cases in both the child welfare and juvenile justice contexts have resulted in extensive and time-consuming consent decrees as well as sizable damages awards. Knowledge of a youth's legal rights can help providers avoid legal liability while creating a safer and healthier environment for LGBT youth. This article provides a general overview of the successful federal legal claims that youth in the child welfare and juvenile justice systems have made, discussion of the rights generated as a result, particle application of these rights to the experiences of LGBT youth with hypothetical scenarios, a focus on specific rights that emanate from certain state laws, and a focus on specific concerns of transgender youth.

Adolescent↗

Informed consent for medical interventions under Turkish law.

Free and informed consent of the patient is the prerequisite of any medical intervention under Turkish law. "Information" comprises the purpose, nature, consequences and risks of intervention. "Intervention" is understood in its widest sense. The patient has the right to withdraw his consent freely at any time. For the patients under age (18 years) or incapacitated persons, informed consent is given by the legal representative (parents or guardian). In emergency situations, including abortion and sterilization, the practitioner may intervene for the benefit of the patient without consent. Furthermore, for purposes of treatment of addicts, and in cases of epidemic diseases medical intervention may be carried out without consent for health reasons and public safety. The right to be informed or not about health and intervention is a patient's personal right. These rights are bound strictly to the personal right of the patient. Disregarding these rights can cause legal liability of the physician. The previous wishes of the patient and the right to refuse treatment of the patient must be respected. Legal representatives of minors or incapacitated patients may not refuse treatment on their behalf. Treatment without consent or without informed consent is a "medical malpractice."

Emergency Medical Services↗

Legislative and humanitarian impetus for development of alcohol and other drug policy at an Australian university.

The rationale for comprehensive alcohol and other drug policy at a tertiary institution is presented here as a health promotion strategy for educating University policy makers. Particular emphasis is placed on a discussion of humanitarian issues, that is, the right to a healthy environment, and the potential for legal liability in an environment where alcohol is readily available and other drugs are present. There is little attention paid to drug use related legal issues in the University, but at the same time drawing the attention of policy makers to the organisation's vulnerability to lawsuits has been reported to be a motivating force for adoption of drug use policy. Universities do experience problems related to alcohol and other drug use by staff and students. Problem reduction, and better management of problems, are the major goals of policy in this area. Local initiatives, for example at the organisational level, make important contributions to the overall drug prevention efforts of the nation. Well-developed policy and procedures and effective implementation constitute an important structural health promotion strategy. Such policy would comply with the immediate requirements of Occupational Health, Safety and Welfare legislation and provide some protection against wrongful dismissal claims and negligence lawsuits, as well as providing long-term educative effects. Situations for which policies are needed, range widely due to the University's unique environment and complex roles.

Adolescent↗

Legal issues in faculty evaluation of student clinical performance.

Faculty evaluation of the clinical performance of medical students and residents is a great responsibility. However, many faculty members are reluctant to fulfill this responsibility with complete candor because of the fear of legal liability and lawsuits by dissatisfied students. This article examines current methods and uses of evaluation and problems created when they are incomplete or disingenuous. Legal issues arising in this process are then discussed, with emphasis upon the Supreme Court's 1978 Horowitz decision. Finally, the substantive and procedural implications of Horowitz for faculty practice are explained. It is argued that the law permits and encourages full and honest faculty evaluation of clinical performance.

Clinical Competence↗

Current analysis of the Tarasoff duty: an evolution towards the limitation of the duty to protect.

In 1976, the Tarasoff case established a new legal duty to protect third parties from a psychiatric patient's foreseeable violence. After the Tarasoff case, courts expanded the scope and role of a clinician's duty to protect, sometimes in novel ways. Later interpretations of Tarasoff began to limit significantly the situations in which a duty to protect would attach. Recent Tarasoff-type cases in which courts have rejected the clinician's duty to warn suggest that Tarasoff is declining in significance. The advent of state statutes that codify the establishment and discharge of Tarasoff duty have contributed to a further limitation of the duty to protect. Lastly, when faced with the management of dangerous patients, we advocate for a thorough, well documented assessment of risk of violence as the best means for addressing concern about potential legal liability.

California↗

School professionals' perceptions about the impact of chronic illness in the classroom.

BACKGROUND: Children with chronic health conditions spend most of their day in the school system. The complexity of illness management and disease sequela can alter their school experience. However, little is known about what educators are concerned about if these children are in their classroom. OBJECTIVE: To assess educators' perceptions of the impact of having children with different chronic health conditions in the classroom. METHODS: Teachers and other school professionals in 23 elementary schools were surveyed about the impact of having a child with each of 6 chronic health conditions--AIDS, asthma, congenital heart disease, diabetes mellitus, epilepsy, and leukemia--in the classroom. They responded to 13 statements about the potential academic impact on the child, impact on peers, personal risk or liability, and additional time or attention demands for the teacher. Total scores were determined for the degree of perceived impact for each issue and chronic health condition and the proportion of teachers with negative perceptions for different issues. RESULTS: The mean total scores (2.4 of 5) showed overall a positive perception by school professionals about children with chronic conditions in the classroom. Acquired immunodeficiency syndrome and epilepsy were perceived to have the most impact and asthma the least impact. The 2 educator issues (time or extra attention and personal risk or liability) were of the most concern to educators. Fifty-three percent were concerned about an emergency occurring with the child in the classroom and 27% were concerned about legal liability. Educator concerns of the risk of classroom emergencies or death were disproportionate to the clinical risk of the conditions especially for epilepsy and congenital heart disease. CONCLUSIONS: Overall school professionals have positive attitudes about children with chronic health conditions in the classroom, but concerns about specific diseases and issues exist. If parents provide most of the disease information, some of the educators' concerns voiced in this study may not be addressed. Health care professionals can help by providing educators with appropriate information about the risk and functional impact of childhood chronic health conditions.

Acquired Immunodeficiency Syndrome↗

Clinical training and the duty to protect.

Given that the duty to protect is now a well established clinical and legal expectation, training in professional psychology should assist students in developing conceptual models for violence risk assessment and management. This report presents a training model incorporating recent advancements in risk assessment (such as the assessment of psychopathy), the need for basic legal understanding, and knowledge of specific risk management strategies. Additionally, academic and internship training programs in Michigan were surveyed by telephone about current training patterns. Preliminary results indicated program strengths in general awareness and training in risk factors. However, the data also suggested a need to formalize a faculty role in risk education, improve the training of students in relevant legal information, and establish coherent conceptual models of dealing with potential patient violence. It is argued that improving training of future professionals in this way will improve clinical practice, reduce legal liability, and improve public safety.

Duty to Warn↗

[Where is psychiatry going?].

The author, who has been active for 33 years as a psychiatrist in geographically and ethnically diverse areas (Czechoslovakia, Austria, and the U.S.A.) discusses the difficult position today of psychiatry as a medical specialty. Although the number of medical school graduates who select psychiatry in the U.S.A. alternates and is sometimes declining, the future of psychiatry in medical schools and in research facilities does not appear to be in imminent danger. Moreover, the prospect for psychiatrists in other organizations is less favorable. Public state hospitals are gradually being dismantled. The role of psychiatrists in outpatient services and in solo practice is particularly threatened. Psychiatry is subject to unmerciful competition from nonmedical branches of mental health such as psychology and social work. Various therapists, without medical degrees, compete with psychiatrists and in this way restrict the pool of potential private patients. Such therapists capitalize on the fact that a large number of patients in need of professional psychiatric help are not aware of the basic difference between psychiatrists, who are medical doctors, and psychologists and social workers, who are not. The author also discusses how legal liability for malpractice by nonmedical therapists and paraprofessionals is not expected or anticipated, while lawsuits against psychiatrists are taken for granted. In addition, there exists the possibility that such nonmedical therapists will gain the legal right to prescribe psychotropic medication. These individuals would then prescribe medicine without the benefit of the necessary educational and medical background. Poorly defined "courses" would then be expected to replace long years on medical studies, and in this way to devalue the intrinsic quality of medical studies themselves. The opinions expressed are entirely Dr. Krizek is own, and do not represent the views of any other person or organization.

Humans↗

The "right" to a caring relationship: the law and ethic of care.

The ethic of care is often described as the ethical basis for nursing. While ethics and legal issues are related, it is unclear if perinatal nurses apply this theoretical relationship to clinical practice. There is evidence that medical malpractice litigation may be motivated by dissatisfaction with the caring relationship. A patient's moral "right" to a caring relationship, barriers in clinical practice to caring relationships, and legal remedy for perceived violation of the right to a caring relationship are discussed. Nurses must promote sound caring relationships and articulate to others the impact on perinatal outcomes and legal liability.

Ethics, Nursing↗

Dental hygiene preceptorship: an issue of risk management.

The potential for legal liabilities exists in all aspects of dental hygiene practice. Contemporary malpractice law demands the highest standards for oral healthcare. Formal educational credentials of dental hygiene practitioners contribute to the provision of quality healthcare, an environment that elicits societal trust, and the prevention of legal risks. The purpose of this paper is to explore an alternative to formal dental hygiene education--preceptorship training--as it relates to current theories and practices in risk management. Key issues explored include expectations and rights of society, responsibility of the professional and the profession to society, risk management in the practice setting, and how preceptorship and formal education compare, relative to these key issues. The paper also analyzes whether the preceptorship concept is counterproductive for society, the profession, and the employer; and explains how the malpractice crisis in America is challenging oral health providers to rise to higher levels of education and professional competence.

Adult↗

Medicolegal management of the organically impaired patient in the emergency department.

When the organically impaired patient refuses an indicated treatment or admission, the physician may be subject to legal liability regardless of the action taken. He may be held responsible for a negligent discharge, yet be accountable for charges of battery and false imprisonment should he treat against the patient's wishes. A description of the types of patients involved, an analysis of the basic legal issues, a guide to the assessment of these patients, and recommendations for medicolegal management are presented.

Brain Diseases↗