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An in-depth investigation of the influence that apprehension about litigation and legal liability exerts on ethical medical practice today.
In pursuit of fairness at any cost, we have created a society paralyzed by legal fear: Doctors are paranoid and principals powerless. Little league coaches, scared of liability, stop volunteering. Schools and hospitals start to crumble. The common good fades, replaced by a cacophony of people claiming their “individual rights.” By turns funny and infuriating, this startling book dissects the dogmas of fairness that allow self-interested individuals to bully the rest of society. Philip K. Howard explains how, trying to honor individual rights, we removed the authority needed to maintain a free society. Teachers don’t even have authority to maintain order in the classroom. With no one in charge, the safe course is to avoid any possible risk. Seesaws and diving boards are removed. Ridiculous warning labels litter the American landscape: “Caution: Contents Are Hot.” Striving to protect “individual rights,” we ended up losing much of our freedom. When almost any decision that someone disagrees with is a possible lawsuit, no one knows where he stands. A huge monument to the unknown plaintiff looms high above America, casting a dark shadow across our daily choices. Today, in the land of free speech, you’d have to be a fool to say what you really think. This provocative book not only attacks the sacred cows of political correctness, but takes a breathtakingly bold stand on how to reinvigorate our common good. Only by restoring personal authority can schools begin to work again. Only by judges and legislatures taking back the authority to decide who can sue for what can doctors feel comfortable using their best judgment and American be liberated to say and do what they know is right. Lucid, honest, and hard hitting, The Collapse of the Common Good shows how Americans can bring back freedom and common sense to a society disabled by lawyers and legal fear. From the Trade Paperback edition.
Health care and human service professionals often experience anxiety about potential adverse legal repercussions for actions taken or not taken in the course of caring for patients or clients. In this volume, professionally distinguished and diverse authors discuss both the real and perceived legal liability context within which health and human service delivery to older persons takes place. The benefits and costs of litigious, legislative, and regulatory interventions on the quality of care and the quality of life for recipients of geriatric services is evaluated. Most important, chapters present suggestions for ways to effectively reduce or manage legal risks and anxieties while improving patient care. This volume fills a gap in the literature by providing careful and accurate analysis of legal issues rarely translated into practical and useful advice for health care and human service professionals.
Although the topic of decision making capacity and older persons has been discussed in the literature, there still is much to be learned about it theoretically and practically. Experts continue to disagree about which standards are important for assessing decision making capacity. Questions such as: ìWhen should a capacity assessment be done on an older person and by whom?î are covered by the editors. Topics included in this volume are the application of an original framework for ethical decision making in long term care; an elder's capacity to decide to remain living alone in the community; the quest for helpful standardized instruments for evaluating decision making capacity; and end-of-life liability issues.
Ethics in Clinical Practice, Second Edition continues to focus on multidisciplinary medicine and how ethical dilemmas affect not only doctors and patients, but also nurses, social workers, members of ethics committees, hospital attorneys, administrators, and others. Greater attention is given to care in a variety of settings and across settings. Cases reflect the managed care phenomenon and cost containment, demographic changes, the electronic revolution, and the ethical dilemmas resulting from this new climate. The revised edition discusses advances in palliative medicine and its availability, and includes new data regarding attitudes and prevalence of physician-assisted suicide. Attention is given to how issues of cost containment might directly or indirectly influence patients' end-of-life treatment options. Cases are updated to include pertinent information about medical advances and legal developments, and how ethical analysis reflects these new developments.
Regarded as the citable treatise in the field, the 7th Edition of Legal Medicine explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. Edited by the American College of Legal Medicine Textbook Committee, it features comprehensive discussions on a myriad of legal issues that health care professionals face every day. Substantially revised and expanded and written in a plain manner, this New Edition includes 20 brand-new chapters that address the hottest topics in the field today. Will also serve as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM). Includes need-to-know information on telemedicine and electronic mail · medical and scientific expert testimony · medical records and disclosure about patients · and liability exposure facing managed care organizations. Addresses the legal aspects of almost every medical topic that impacts health care professionals. Uses actual case studies to illustrate nuances in the law. Discusses current trends in the peer review process · physician-assisted suicide · and managed care organizations. Offers the expert guidance of top professionals across medical and legal fields in an easy to read format. Includes a glossary of medical terms. Features many brand-new chapters, including Patient Safety · Medication Errors · Disclosure of Adverse Outcome and Apologizing to Injured Patient · Liability of Pharmacists · No-Fault Liability· Legal Aspects of Bioterrorism · and Forensic Psychiatry.
We are now engaged in a movement that de-emphasizes the reliance on institutional forms of long-term care for disabled persons needing ongoing daily living assistance and converges on the use of non-institutional service providers abnd residential settings. In this latest edition of Ethics, Law and Aging Review , Kapp and ten expert contributors help us examine the forces and potential for changeing the long-term care industry (both positively and negatively) and address this paradigm shift from the inpersonal, public psychiatric institutions of the 1960s and 1970s to the present-day assisted living environments that have been fueled by economic, social, polictical, and legal forces. Most important ly, this volume identifies obstaclesto change and enlighten service providers, advocates, and key policy makers to the pitfalls that can largely interfere with positive outcomes as a result of long-term care deinstitutionalization. Topics explored include: Community-based alternatives for older adults with serious mental illness Failing consumer-directed alternatives to nursing homes Ethics of Medicare privatization

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