Southwick's the law of healthcare administration / J. Stuart Showalter.
1999
KF3825 .S65 1999 (Map It)
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Details
Author
Title
Southwick's the law of healthcare administration / J. Stuart Showalter.
Published
Chicago, Ill. : Health Administration Press, [1999]
Copyright
©1999
Call Number
KF3825 .S65 1999
Edition
Third edition.
ISBN
1567931014 (alk. paper)
Description
x, 569 pages ; 27 cm
System Control No.
(OCoLC)40501121
Note
Revised edition of: The law of hospital and health care administration / Arthur F. Southwick. 2nd edition 1988.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Variant Title
Southwick's the law of health care administration
Portion of Title
Law of healthcare administration
Table of Contents
Preface
1
Introduction to the Anglo-American Legal System
1
2
Breach of Contract and Intentional Tort
19
The Nature of Legal Liability
19
The Physician-Patient Relationship
20
Liability for Breach of Contract
28
Breach of Warranty
29
Liability for Intentional Tort
31
3
Negligence
43
The Standard of Care
43
Proving the Standard of Care and Breach of the Standard
49
Defenses to Negligence and Other Malpractice Actions
57
Liability for Acts of Others: Vicarious Liability
62
Distinctions Among Causes of Action
63
Countersuits by Physicians
66
Reforming the Tort System
67
Alternatives to the Tort System
69
4
The Organization and Management of a Corporate Healthcare Institution
81
The Formation and Nature of a Corporation
82
The Governing Board of a Healthcare Institution
89
The Independent Hospital and Reasons for Change
103
Multihospital Systems and Corporate Reorganization
105
Piercing the Corporate Veil
110
Alternative Strategies: Contract Management, Consolidation, and Merger
116
Joint Ventures with Physicians
119
5
Liability of the Healthcare Institution
131
Liability Based on Respondeat Superior
132
The Decline of Independent Contractor Status - Payment of Salary
135
The Doctrine of Apparent Agency
140
Two Theories Have Become One
153
Liability of Managed Care Organizations
155
6
Taxation of Healthcare Institutions
165
The Nature of a Charitable Corporation
165
Federal Taxation of Income
168
State Taxation of Real Estate and Personal Property
183
7
Antitrust Law
197
The Sherman Act
197
The Clayton Act
200
The Federal Trade Commission Act
202
Interstate Commerce
203
Applicability to the Professions
204
Exemptions from Antitrust Legislation
205
Sanctions and Enforcement of Antitrust Statutes
215
Rule-of-Reason Analysis and Per Se Violations
218
Applications to Healthcare
219
8
Healthcare Fraud and Abuse
251
False Claims Acts
252
The Anti-Kickback Statute
256
The "Stark" Self-Referral Laws
260
Corporate Compliance Programs
264
9
Admission and Discharge
271
Access to Healthcare and Formal Voluntary Admission
271
Legislation Guaranteeing Equal Protection
280
Hill-Burton Act and Mandated Free Care
283
Admission and Treatment of Mentally Ill Patients
286
Discharge from Hospital
289
Utilization Review, PROs, and Managed Care
293
10
Emergency Care
305
Necessity for Emergency Care Facilities
306
Duty to Treat and Aid
307
Beginning of Aid: Duty to Exercise Reasonable Care
315
Staffing the Emergency Department
318
The Good Samaritan Statutes
321
App. 10.1
Full Text of EMTALA
310
11
Consent for Treatment and the Withholding of Consent
335
Types of Consent and Recommended Procedure
336
The Healthcare Institution's Role in Consent Cases
340
The Doctrine of Informed Consent
342
Consent of Spouse or Other Relative
350
Refusal of Patient to Consent
352
Consent for Treatment of Incompetent Adults
355
Decision to Forgo Treatment for Incompetent Adults
357
Consent for Treatment of Minors
364
Tests Requested by Law Enforcement Officials
376
12
Family Planning
395
Abortion
389
Sterilization
401
Hospital's Role in Providing Services
407
Liability for Wrongful Birth and Wrongful Life
412
13
Medical Records
433
Legal Requirements
433
Access to Medical Record Information
440
Medical Records in Legal Proceedings
470
14
Medical Staff Appointments and Privileges
495
Hospital's Duty to Use Reasonable Care in Appointment of Staff
495
Public Hospitals - Due Process and Equal Protection Requirements
498
Appointments in Private Hospital
504
List of Cases
539
Index
557
About the Author
569