medical law and ethics

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Copyright ©2009 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458

All rights reserved.

Medical Law and Ethics

Public Duties of the Physician

Chapter 7




Public Health Recordsand Vital Statistics

•Vital events in person’s life

•Used by government to determine population trends and needs

•Public duty of physicians to report vital events




Births

•Physician must sign certificate of live birth

•Certificate is filed at county clerk’s office in state birth took place




Figure 7.1Sample of a Birth Certificate




Figure 7.1Sample of a Birth Certificate (continued)




•Date and time of death

•Cause of death

•How long deceased was treated before dying

•Presence or absence of pregnancy

•Whether autopsy took place

Deaths




Deaths (continued)•Coroner: public health officer holds inquest if

death from unknown or violent cause

•Medical examiner: physician who investigates unexplained deaths and can perform autopsy

•Autopsy: examination after death to determine cause of death




Medical Examiner Cases

• Legal investigation by medical examiner or coroner in case of suspicious death

• Investigation is required if death is:– Violent in nature (homicide, suicide, accident)– Caused by criminal abortion– Related to contagious or virulent disease– Of a person confined to jail or correctional institution– Result of unexplained or unexpected cause– Caused by electrical, radiation, or chemical injury




Medical Examiner Cases (continued)

• Legal investigation by medical examiner or coroner in case of suspicious death.

• Investigation is required if death is:– Of a person who had no physician in attendance

within 36 hours of death– Of a person whose body is not claimed by friend or

relative– Of a child under age of two if death is from unknown

cause– Of a person of unknown identity




Communicable Diseases

•Diseases transmitted from one person to another—considered threat to public

•Reportable diseases

•National Childhood Vaccine Injury Act




Duty to Report AIDS, HIV,and ARC Cases

•All states require reports of these cases to local or state department of health

•Who shall report the case varies from state to state (attending physician, laboratory, etc.)




Child Abuse

•All abuse must be reported by teachers, health professionals, law enforcement and day care personnel, and social service workers

•Physicians have been held liable for not reporting cases

•Person reporting is protected by law from being sued by parents and others




Figure 7.2A Young Child Explains Her Injury to a Physician




Elder Abuse

•Older American Act (1987)

• Includes physical abuse, neglect, exploitation, abandonment, and financial abuse of adults 60 and older




Spousal Abuse

• Laws governing the reporting vary by state

• Local police may have to become involved when spousal abuse is suspected

•Court may issue restraining or protective order prohibiting abuser from contact with victim




Signs of Abuse•Signs of inadequate

nutrition•Venereal disease

and genital abrasions•Makeup to hide

bruises•Sunglasses worn

inside to hide blackened eyes

•Repeated injuries•Bruises and

unexplained swelling•Unexplained

fractures•Bite marks•Unusual marks•Bruising or swelling

in genital area




Substance Abuse

•Abuse of prescription drugs is reportable immediately according to law

•Violation of controlled substances laws is a criminal offense




Gathering Evidence in Cases of Abuse

•Precise documentation of all injuries, bruises, and suspicious genital fluid deposits in children is critical

•Court may subpoena records at later date




Gathering Evidence in Cases of Abuse (continued)

•Evidence includes– Photos– Urine specimen– Clothing – Body fluids– Various samples such as blood, semen, vaginal or

rectal smears– Foreign objects




Other Reportable Conditions

•Physicians required to report certain medical conditions to maintain accurate public health statistics, including– Cancer– Epilepsy– Congenital disorders– Certain infectious diseases, such as tuberculosis

(TB)




Controlled Substances Act and Regulations

•Food and Drug Administration (FDA)

•Drug Enforcement Administration (DEA)

•Controlled Substances Act of 1970

•Bureau of Narcotics and Dangerous Drugs (BNDD)




Prescription of Controlled Drugs

•Only those with a DEA number may issue prescriptions for narcotics

•Number must appear on all prescriptions for controlled substances

•Schedule II drugs require triplicate form




Prescription of Controlled Drugs (continued)

•Schedule II drug prescription cannot be refilled•Must take written inventory of drug supply

every two years•Narcotics dispensing records must be kept for

two years (state regulations may vary)




Protection of Employee and the Environment

•Employee Assistance Program (EAP)– Confidential counseling and referral service– Helps employees and their families assess a

problem– Develops plan to resolve problem– Determines appropriate resource to assist in

process




Medical Waste

•Solid

•Chemical

•Radioactive

• Infectious

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