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| Preface to the Sixth Edition | |
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| Acknowledgments | |
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| The Anglo-American Legal System | |
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| Some History | |
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| Anglo-American Law | |
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| The Definition of Law | |
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| Types and Sources of Law | |
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| The Court System | |
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| Alternative Dispute Resolution | |
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| Legal Procedure | |
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| The Court Decides | |
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| Simkins v. Moses H. Cone Mem. Hosp | |
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| Planned Parenthood of S.E. Pennsylvania v. Casey | |
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| A Brief History of Medicine | |
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| Introduction | |
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| The Long View: A Summary | |
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| Early History | |
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| Health Reform Arrives at Last (Apparently) | |
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| Conclusion | |
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| Appendix 2.1: A Select Timeline of the History of Medicine | |
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| Contracts and Intentional Torts | |
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| Think Like a Lawyer | |
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| Elements of a Contract | |
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| The Physician-Patient Relationship | |
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| Liability for Breach of Contract | |
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| Liability for Breach of Warranty | |
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| Intentional Torts | |
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| Assault and Battery | |
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| The Court Decides | |
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| Stowers v. Wolodzko | |
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| Negligence | |
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| Duty | |
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| Breach of Duty | |
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| Injury and Causation | |
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| Defenses | |
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| Liability for Acts of Others: Vicarious Liability | |
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| Countersuits by Physicians | |
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| Reforming the Tort System | |
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| The Court Decides | |
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| Helling v. Carey | |
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| Perin v. Hayne | |
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| The Organization and Management of a Corporate Healthcare Institution | |
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| Formation and Nature of a Corporation | |
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| Responsibilities of the Governing Board | |
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| Responsibilities of Management | |
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| Management's Role in Employment Law Issues | |
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| Piercing the Corporate Veil | |
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| Multi-Institutional Systems and Corporate Reorganization | |
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| Alternative Corporate Strategies | |
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| Collaborative Strategies with Physicians | |
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| What Lies Ahead | |
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| The Court Decides | |
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| Charlotte Hungerford Hospital v. Mulvey | |
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| Stern v. Lucy Webb Hayes National Training School for Deaconesses and Missionaries | |
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| Woodyard, Insurance Commissioner v. Arkansas Diversified Insurance Co. | |
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| Liability of the Healthcare Institution | |
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| Respondeat Superior Versus Independent Contractor Status | |
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| Erosion of Physicians' Independent Contractor Status | |
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| Apparent Agency | |
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| Erosion of Captain-of-the-Ship and Borrowed-Servant Doctrines | |
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| Doctrine of Corporate Liability | |
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| The Court Decides | |
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| Norton v. Argonaut Insurance Co | |
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| Johnson v. Misericordia Community Hospital | |
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| Health Reform, Access to Care, and Admission and Discharge | |
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| Introduction: The "Bight" to Healthcare | |
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| The Health Reform Laws of 2010 | |
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| Pre-Reform Principles: Admission and Discharge | |
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| Admission and Treatment of Mentally 111 Patients | |
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| Discharge from the Hospital | |
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| Utilization Review: Controls on Admission and Discharge | |
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| The Court Decides | |
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| Hill v. Ohio County | |
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| Appendix 7.1: The "Individual Mandate": Courts' Differing Viewpoints | |
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| Medical Staff Privileges and Peer Review | |
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| The Medical Staff Organization | |
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| Appointment of Medical Staff | |
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| Due Process and Equal Protection Requirements | |
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| Standards for Medical Staff Appointments | |
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| Peer Review, Discipline, and the Health Care Quality Improvement Act | |
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| Other Medical Staff Issues | |
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| The Court Decides | |
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| Kadlec Medical Center v. Lakeview Anesthesia Associates | |
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| Appendix 8.1: Healthcare Quality Improvement Act of 1986, as Amended | |
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| Emergency Care | |
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| The Need for Emergency Care Facilities | |
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| Duty to Treat and Aid | |
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| Duty to Exercise Reasonable Care | |
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| Good Samaritan Statutes | |
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| Consent for Treatment and Withholding Consent | |
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| Types of Consent and Recommended Procedures | |
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| The Healthcare Institution's Role in Consent Cases | |
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| How "Informed" Must Informed Consent Be? | |
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| Consent of a Spouse or Relative | |
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| Life-or-Death Decisions | |
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| Consent Issues for Incompetent Adults | |
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| Consent Issues for Minors | |
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| Legislation and Protocols on End-of-Life Issues | |
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| The Court Decides | |
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| Cobbs v. Grant | |
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| Bush v. Schiavo | |
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| Appendix 10.1: Georgia Advance Directive | |
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| Appendix 10.2: Physician Orders for Life-Sustaining Treatment (POLST) | |
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| Taxation of Healthcare Institutions | |
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| Nature of a Charitable Corporation | |
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| Federal Tax Issues | |
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| State and Local Property Taxes | |
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| Coming Full Circle | |
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| The Court Decides | |
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| Greater Anchorage Area Borough v. Sisters of Charity | |
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| Barnes Hospital v. Collector of Revenue | |
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| Provena Covenant Medical Center v. Department of Revenue | |
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| Competition and Antitrust Law | |
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| The Sherman Act | |
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| The Clayton Act | |
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| The Federal Trade Commission Act | |
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| Jurisdiction, Exemptions, and Immunity | |
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| Sanctions and Enforcement of Antitrust Statutes | |
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| Rule-of-Reason Analysis and Per Se Violations | |
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| The Court Decides | |
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| In the Matter of Evanston Northwestern Healthcare Corporation | |
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| Fraud Laws and Corporate Compliance | |
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| The Enforcement Climate | |
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| False Claims Act | |
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| Anti-Kickback Statute | |
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| Stark Self-Referral Law | |
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| Corporate Compliance Programs | |
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| The Court Decides | |
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| United States v. Greber | |
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| United States v. McClatchey | |
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| Issues of Reproduction and Birth | |
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| Sterilization | |
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| Wrongful Birth and Wrongful Life | |
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| Other Reproduction Issues | |
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| Abortion | |
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| Hospitals' Role in Reproduction Issues | |
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| The Court Decides | |
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| Skinner v. Oklahoma ex rel. Attorney General | |
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| Health Information Management | |
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| Covered Entity, Protected Health Information, and De-identification | |
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| Form and Content of Records | |
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| Access to Health Information | |
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| Use of Health Records in Legal Proceedings | |
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| State Open-Meeting and Public-Records Laws | |
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| The Court Decides | |
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| Tarasoff v. Regents of the University of California | |
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| Glossary | |
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| Case Index | |
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| Index | |
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| About the Author | |