Medical Liability And Treatment Relationships Book

	Preface	xix
1	Introduction	1
A	Overview Cases	1
B	The Nature of Medical Practice	9
1	Doctors and Hospitals	10
2	The Culture of Medicine	20
3	The Phenomenology of Sickness and Healing	24
4	The Nature of Medical Judgment	31
5	Evidence-Based Medicine	41
C	The Health Care Financing and Delivery System	45
1	Insurance and Regulation	45
2	The Crisis in Coverage and Spending	54
3	Changes in Financing and Delivery Systems	62
2	The Treatment Relationship: Formation and Termination	71
A	The Duty to Treat	72
1	The Duty to Accept Patients	72
2	Wrongful Reasons to Reject Patients	97
B	The Structure of the Treatment Relationship	111
1	Forming a Patient-Physician Relationship	111
2	Limiting the Scope of the Treatment Relationship	120
3	Terminating the Treatment Relationship	124
C	Regulating the Treatment Relationship	132
1	Professional Licensure	132
2	Facility Licensure and Accreditation	156
3	Regulating Access to Drugs	166
3	The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest	177
A	The Fiduciary Nature of the Treatment Relationship	177
B	Confidentiality of Medical Information	179
1	The Duty to Maintain Confidentiality	179
2	The Duty to Breach Confidentiality	188
C	Informed Consent	199
1	Goals, Aspirations, Policies	199
2	The Competing Disclosure Standards	206
3	Limiting Liability for Failure to Disclose	219
4	Fiduciary Obligations, Conflicts of Interest, and Novel Disclosure Obligations	226
5	Human Experimentation and Research	244
4	Medical Malpractice	271
A	Medical Mistakes and Quality	273
1	The Nature and Extent of Medical Error	273
2	Approaches to Improving Quality of Care	287
B	Physician Liability	296
1	The Custom-Based Standard of Care	296
2	Variations in the Standard of Care	312
3	Qualification and Examination of Medical Experts	328
C	Alternative Theories of Liability	356
1	Res Ipsa and Negligence Per Se	356
2	Ordinary Negligence	360
3	Breach of Contract	372
4	Vicarious Liability	377
5	Strict Liability	384
6	Products Liability	388
D	Causation and Affirmative Defenses	401
1	Causation	401
2	Statutes of Limitations	410
3	Affirmative Defenses	415
4	Arbitration and Waiver of Liability	422
5	Informed Consent Law	428
E	Damages and Settlement	430
F	Institutional Liability	447
1	Hospital Liability	448
2	Managed Care Liability	472
G	Medical Malpractice Reform	496
	Glossary of Organizational Terms and Acronyms	517
	Table of Cases	521
	Index	527