scholarly journals Duty to Warn in the Emergency Department: Three Medical Legal Cases That Illustrate Providers’ Broad Risk and Liability

2020 ◽  
Vol 4 (3) ◽  
pp. 285-288
Author(s):  
Rosemary Pfaff ◽  
Ross Berkeley ◽  
Gregory Moore ◽  
Melanie Heniff

This article presents three medical-legal cases that define a physician’s duty to warn and include caveats on medical practice within the scope of the law. Some physicians may not recognize that these legal and liability requirements extend not only to physical danger, but also to infectious diseases, medical illness, and drug effects.

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.


Author(s):  
Dr. Pankaj Kumar Singh

Aims and objectives: To determine the risk factors of blood culture contamination done in ED and those done in the MHDU/MICU among patients admitted with medical illness. Material and Methods: This is a two months’ prospective observational study comparing blood culture contamination rate and risk factors associated with contamination between ED and MICU/MHDU. A total of 998 patients were included in the study who underwent blood culture in ED and MICU/MHDU. 570 in ED and 428 in MICU/MHDU were included after meeting exclusion and inclusion criteria. Results: Blood culture growths were higher in ED (19%). Most common growth was CoNS (4%). The overall contamination rate in this study was (4.8%) The contamination rate was lower in ED (4.4%) when compared to MICU/MHDU (5.4%).


2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Albertus Soge

Legislation on Health Law is a Lex Specialist law that contains exceptional norms for legal protection for providers and receivers of health services. Law Number 36 of 2009 on Health and Law Number 29 of 2004 on Medical Practice are not used consistently in resolving medical malpractice cases in the Criminal Court, thus causing injustice and legal uncertainty. Incorrect application of the law and a long period of cases resolution in court requires reform in handling medical malpractice cases.


2019 ◽  
Vol 58 (3) ◽  
pp. 193
Author(s):  
Marissa Ellermann

Encyclopedia of Rape and Sexual Violence is a two-volume work that tackles a very important and sensitive topic using historical and current events, the law, and statistical information to educate on sexual violence and its impact on society. It contains twenty chapters, arranged alphabetically, that extensively discuss the different forms of rape and sexual violence. The entries are well researched, thorough, and objective in tone, and they feature prominent legal cases, statistics, and events that are pertinent to the selected topics.


2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.


1979 ◽  
Vol 7 (1) ◽  
pp. 49-70
Author(s):  
Robert E. Paul

This article defines and describes the interrelated but conceptually distinct terms “confidentiality,” “privilege,” “privileged communications,” “privacy,” and “records.” It reviews the parameters of these words, discusses the variance between the extent of the physician-patient and that of the much broader licensed psychologist-patient privilege in Pennsylvania and, in particular, reviews the situations in which assertions of confidentiality and privilege cannot prevent third parties from gaining access to records and the information contained in them and the legal cases which set out the law in these areas. Finally, it reviews the demands to see records by patients and the increasing willingness of courts, legislators, and regulators to grant not only access but also the right to correct, add to, or destroy such records if the patient wishes to do so.


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