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| Preface | |
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| Acknowledgments | |
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| Historical Perspective | |
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| Early Hindu and Egyptian Hospitals | |
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| Greek and Roman Hospitals | |
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| Hospitals of the Early Christian Era | |
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| Mohammedan Hospitals | |
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| Early Military Hospitals | |
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| Medieval Hospitals | |
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| Hospitals of the Renaissance | |
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| Hospitals of the 18th Century | |
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| Early Hospitals in the United States | |
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| 19th-Century Hospitals | |
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| 20th-Century Progress | |
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| Health Care and Hospitals in the 21st Century | |
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| Just a Beginning | |
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| Introduction to Law | |
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| Sources of Law | |
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| Government Organization | |
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| Administrative Departments and Agencies | |
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| Tort Law | |
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| Introduction | |
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| Intentional and Negligent Wrongdoing | |
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| Negligence | |
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| Intentional Torts | |
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| Products Liability | |
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| Criminal Aspects of Health Care | |
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| Introduction | |
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| Criminal Procedure | |
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| Case Reviews | |
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| Patient Abuse | |
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| Contracts and Antitrust | |
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| Introduction | |
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| Purpose of a Contract | |
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| Types of Contracts | |
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| Elements of a Contract | |
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| Competent Parties | |
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| Legality of Object | |
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| Conditions | |
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| Performance | |
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| Nonperformance Defenses | |
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| Remedies | |
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| State Laws/Uniform Commercial Code | |
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| Contracts of Adhesion | |
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| Guaranty and Warranty | |
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| Employment Contracts | |
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| Exclusive Contracts | |
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| Restraint of Trade | |
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| Hospital Staff Privileges | |
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| Patient Transfer | |
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| Insurance Denials | |
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| Civil Procedure and Trial Practice | |
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| Introduction | |
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| Pleadings | |
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| Discovery and Examination Before Trial | |
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| Motions | |
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| Notice of Trial | |
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| Memorandum of Law | |
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| The Court | |
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| The Jury | |
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| Subpoenas | |
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| Opening Statements | |
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| Burden of Proof | |
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| Evidence | |
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| Defenses Against Recovery | |
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| Closing Statements | |
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| Judge's Charge to the Jury | |
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| Jury Deliberation and Determination | |
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| Damages | |
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| Appeals | |
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| Execution of Judgments | |
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| Corporate Liability | |
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| Introduction | |
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| Authority of Health Care Corporations | |
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| Corporate Organization and Committee Structure | |
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| Doctrine of Respondeat Superior | |
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| Corporate Negligence | |
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| Duties of Health Care Corporations | |
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| CEO/Administrator's Role and Responsibility | |
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| Medical Staff | |
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| Medical Staff | |
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| Introduction | |
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| Medical Staff Organization | |
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| Medical Staff Privileges | |
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| Delineation of Clinical Privileges | |
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| Appeal Process | |
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| Medical Staff Bylaws--A Contract | |
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| Physician Supervision and Monitoring | |
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| Reappointments | |
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| Medical Director | |
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| Negligent Acts | |
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| Physician-Patient Relationship | |
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| Nursing and the Law | |
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| The Practice of Nursing | |
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| The Broadening Scope of Practice | |
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| Nurse Licensure | |
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| American Nurses Association | |
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| National League for Nursing | |
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| Nurse Practice Roles | |
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| Negligent Acts | |
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| Liability by Departments and Health Care Professionals | |
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| Introduction | |
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| Ambulatory Care Centers | |
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| Anesthesia | |
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| Chiropractor | |
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| Dentist | |
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| Emergency Department | |
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| The Environment | |
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| Laboratory | |
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| Medical Imaging | |
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| Nutritional Services | |
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| Paramedic | |
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| Pharmacy | |
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| Physical Therapy | |
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| Physician Assistant | |
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| Podiatrist | |
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| Respiratory Therapist | |
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| Security | |
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| Sexual Improprieties | |
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| Surgery | |
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| Certification of Health Care Professionals | |
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| Licensing Health Care Professionals | |
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| Helpful Advice for Caregivers | |
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| Information Management and Health Care Records | |
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| Introduction | |
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| Managing Information | |
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| Medical Records | |
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| Patient Consent | |
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| Introduction | |
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| Consent--A Definition | |
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| Patient Self-Determination Act | |
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| Informed Consent | |
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| Right to Refuse Treatment | |
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| Proof of Consent | |
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| Who May Consent | |
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| Religious Beliefs | |
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| Refusal of Treatment | |
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| Release Form | |
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| Exculpatory Agreement | |
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| Statutory Consent | |
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| Consent and Judicial Intervention | |
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| Defense and Failure to Inform | |
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| Legal Reporting Requirements | |
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| Introduction | |
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| Child Abuse | |
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| Elder Abuse | |
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| Communicable Diseases | |
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| Births and Deaths | |
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| Suspicious Deaths | |
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| National Practitioner Data Bank | |
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| Risk Management and Incident Reporting | |
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| Sentinel Events and The Joint Commission | |
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| Corporate Compliance Programs | |
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| Issues of Procreation | |
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| Introduction | |
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| Abortion | |
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| Circuit and District Court Decisions | |
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| State Regulation | |
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| Sterilization | |
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| Artificial Insemination | |
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| Wrongful Birth, Life, and Conception | |
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| Patient Rights and Responsibilities | |
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| Introduction | |
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| Patient Rights | |
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| Admission | |
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| Discharge | |
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| Transfer | |
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| Patient Bill of Rights | |
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| Patient Responsibilities | |
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| Patient Advocacy | |
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| Acquired Immune Deficiency Syndrome | |
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| AIDS and Health Care Workers | |
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| Suspension of Surgical Privileges | |
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| Confidentiality | |
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| Medical Records | |
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| AIDS and the Right to Know | |
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| AIDS: The Right To Treatment | |
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| Mandatory Testing | |
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| News Media and Confidentiality | |
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| Discrimination | |
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| Negligence | |
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| Criminal Actions | |
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| Reporting Requirements | |
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| AIDS Emergency Act | |
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| Occupational Safety and Health Act | |
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| AIDS Education | |
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| Health Care Ethics | |
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| Introduction | |
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| Ethics Committee | |
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| End-of-Life Issues | |
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| Autopsy | |
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| Organ Donations | |
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| Experimentation | |
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| Malpractice Insurance | |
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| Introduction | |
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| The Insurance Policy | |
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| Liability of the Professional | |
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| The Insurance Policy | |
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| Medical Liability Insurance | |
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| Medical Malpractice Insurance Associations | |
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| Self-Insurance | |
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| Trustee Coverage | |
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| Mandated Medical Staff Insurance Coverage | |
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| Investigation and Settlement of Claims | |
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| Labor Relations | |
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| Introduction | |
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| Unions and Health Care Organizations | |
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| Federal Labor Acts | |
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| State Laws | |
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| Labor Rights | |
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| Management Rights | |
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| Equal Employment Opportunity--Affirmative Action Plan | |
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| Patient Rights During Labor Disputes | |
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| Injunctions | |
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| Administering a Collective Bargaining Agreement | |
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| Employment, Discipline, and Discharge | |
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| Introduction | |
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| Employment at Will | |
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| Public Policy Issues | |
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| Interference with Employment Activities | |
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| Defamation Actions | |
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| Retaliatory Discharge | |
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| Fairness: The Ultimate Test | |
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| Unemployment Compensation | |
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| Termination | |
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| Effective Hiring Practices | |
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| Managed Care and Organizational Restructuring | |
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| Introduction | |
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| Common Models of Managed Care Organizations | |
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| Horizontal Consolidations | |
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| Federally Qualified HMOs | |
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| State Laws | |
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| Case Management Firms | |
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| Third-Party Administrators | |
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| Utilization Review | |
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| Liability for Nonparticipating Physicians | |
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| Employee Retirement Income Security Act | |
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| Reducing Exposure to Liability | |
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| Health Care Quality Improvement Act of 1986 | |
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| Managed Care and Legal Actions | |
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| Antitrust | |
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| Corporate Reorganization | |
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| Restructuring Alternatives | |
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| General Considerations | |
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| Medical Staff and Restructuring | |
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| Fund-Raising | |
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| Regulatory Authority Checklist | |
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| Anticompetition | |
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| Safe-Harbor Regulations | |
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| Statements of Antitrust Enforcement Policy in the Health Care Area | |
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| Tort Reform and Reducing the Risk of Malpractice | |
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| Introduction | |
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| Arbitration and Mediation | |
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| Structured Awards | |
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| Pretrial Screening Panels | |
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| Collateral Source Rule | |
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| Contingency Fee Limitations | |
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| Frivolous Claim | |
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| Joint and Several Liability | |
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| Malpractice Caps | |
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| No-Fault System | |
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| Peer Review Organizations | |
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| Medical Misconduct | |
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| Regulation of Insurance Practices | |
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| Setting Standards of Medical Care | |
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| National Health Care Reform | |
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| Risk Management | |
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| Continuous Quality Improvement | |
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| Patient Safety and Zero Tolerance | |
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| Introduction | |
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| Leadership | |
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| Medical Staff | |
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| Human Resources | |
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| Educations | |
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| Information Technology (IT) | |
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| Planning | |
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| Resource Allocation | |
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| Performance Improvement (PI) | |
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| Abbreviations | |
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| Blood Transfusions | |
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| Emergency Department (ED) | |
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| Environmental Safety | |
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| Identifying the Correct Patient | |
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| Illegible Handwriting | |
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| Infant Security | |
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| Infection Control | |
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| Laboratory | |
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| Medication Use | |
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| Patient Assessment | |
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| Patient Care Unit | |
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| Patient Rights | |
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| Sterile Supply | |
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| Surgery | |
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| Verbal Orders | |
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| Ventilator-Related Injuries | |
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| Spiritual Care Services | |
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| Web Sites | |
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| Worldwide Search | |
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| Introduction | |
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| Web Site Directory | |
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| International Web Sites | |
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| Journey to Excellence | |
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| A Patient's Perspective | |
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| Creating a New World Order | |
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| The Journey Begins | |
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| The Health Care War Room | |
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| Dream Boards | |
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| Ideas for Getting Started | |
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| Funding Your Programs | |
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| The Five Senses | |
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| Glossary | |
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| Index | |