By Melvin M. Belli Sr. JD (auth.), James R. Vevaina MD, FACP, FCCP, Roger C. Bone MD, FACP, FCCP, Honorable Edwin Kassoff (eds.)
The basic reason behind developing this e-book was once my impact that the legislation is having an expanding influence at the perform of medication. there's not often a doctor i do know who has no longer been deeply through felony difficulties professionally, economically, and most vital of all, psychologically. The prior decade has obvious scientific perform rates progressively emerging. Multimillion greenback verdicts haven't been strange. Having ignored those important matters for a few years, physicians have without warning turn into very conscious of litigation-related difficulties. Having been for a very long time within the good judgment ofthe legislations and the romance of criminal study, i presumed it might be worthwhile to create a ebook that might lead to the mixing of serious minds in legislations and drugs. it's been my lengthy status commentary and trust that the process of professors of drugs, and that of discovered contributors of the bar and bench, whilst prepare, produce precise effects. placing those perspectives jointly has been the genuine problem in modifying this book.
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Additional info for Legal Aspects of Medicine: Including Cardiology, Pulmonary Medicine, and Critical Care Medicine
The defense attorney and the defendant have to convey to the jurors both the majesty and the anguish of the practice of medicine. A surgical case, for example, involving complicated procedures and life and death decisions, should ideally not be tried in the courtroom. It should be tried in the operating theater. As that is impossible, counsel must recreate the antiseptic atmosphere of the surgical suite-the sights, the sounds, the deftness, to make the jurors really relate to the physician and his environment.
The law presumes and holds all practitioners to a standard of reasonable care when dealing with patients. This standard of reasonableness has been described as follows: In the absence of a special contract, a physician or surgeon is not required to exercise extraordinary skill and care or the highest degree of skill and care possible; but as a general rule he is only required to possess and exercise that degree of skill and learning ordinarily possessed and exercised, under similar circumstances, by the members of his profession in good standing, and to use ordinary and reasonable care and diligence, and his best judgment, in the application of his skill to the case.
A recent trend, which has accelerated during the past 10 years, is for the state itself, rather than the medical establishment, to take over the supervision of the medical profession and to combine the licensing and regulatory function into one agency that is made responsible for the practice of all health 5. Regulatory Law as It Affects Physicians 27 professions. That agency is often a state licensing agency, a health department, or a department of consumer affairs. In many states the state agency that regulates the practice of medicine closely cooperates, and in some cases coordinates its activities, with governmental and private agencies that regulate professional practices or the fees charged by professionals under their programs.