TY  - CHAP
M1  - Book, Section
TI  - Chapter 94. Legal Issues in Anesthesiology
A1  - Parmley, Lee C.
A2  - Longnecker, David E.
A2  - Brown, David L.
A2  - Newman, Mark F.
A2  - Zapol, Warren M.
PY  - 2012
T2  - Anesthesiology, 2e
AB  - Elements  of  negligence:  To  succeed  in  a  medical  malpractice  action,  the  plaintiff  must  prove  four  elements  by  preponderance  of  the  evidence.  (1)  Duty:  The  defendant  owed  a  duty  of  care  to  the  plaintiff.  (2)  Breach  of  duty:  The  defendant  failed  to  act  consistent  with  the  standards  of  care.  (3)  Causation:  The  injury  suffered  by  the  plaintiff  is  linked  to  or  caused  by  the  defendant's  breach  of  duty.  (4)  Damages:  There  is  actual  compensable  loss  resulting  from  the  defendant's  breach  of  duty.Exclusive  contracts:  Exclusive  arrangements  used  by  hospitals  to  contract  for  anesthesiology  service  and  may  be  challenged  on  allegation  of  antitrust  and  restraint  of  trade.National  Practitioner  Data  Bank:  Information  contained  in  this  databank  is  protected  from  unrestricted  public  inquiry  but  is  queried  when  medical  staff  application  is  made.HIPAA  (Health  Insurance  Portability  and  Accountability  Act):  Protects  health  care  information  while  asking  acknowledgment  that  it  may  be  released  for  uses  related  to  medical  treatment,  payment,  and/or  health  care  operation,  such  as  auditing  performance  evaluation  and  training  program.Informed  consent:  Process  by  which  a  patient  chooses  to  accept  or  refuse  treatment  offered  once  there  has  been  exchange  of  information  sufficient  to  establish  an  understanding  of  potential  risks  and  benefits  of  both  treatment  and  nontreatment  options.Do  not  resuscitate  orders:  Should  be  reconsidered  when  patients  with  these  orders  are  taken  for  surgery  and  anesthesia.  A  patient-oriented  approach  requires  an  individualized  look  at  goal-directed  and  procedure-directed  option.Parents  are  the  natural  guardian  of  their  children  and  are  expected  to  seek  care  that  is  in  their  children's  best  interest  when  needed.  Courts  usually  appoint  a  guardian  other  than  the  parent  and  support  decisions  for  medical  care  deemed  to  be  clearly  in  the  child's  best  interest.  
SN  - 
PB  - The McGraw-Hill Companies
CY  - New York, NY
Y2  - 2024/04/19
UR  - accessanesthesiology.mhmedical.com/content.aspx?aid=56659492
ER  -