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4548 results in Journal of Law, Medicine & Ethics & past titles

Page 201 of 228

  • Dear Mary

  • Mary Annas
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, pp. 6-13
    Print publication:
    July 1981
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  • The Law of Emergency Care

  • George J. Annas, Leonard H. Glantz, Barbara Katz
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, pp. 5-11
    Print publication:
    July 1981

  • The lesson of this column is: In an emergency, treat first and ask legal questions later. This is both good medicine and good law.

    There is no universally recognized definition of an emergency, and the law will generally accept the determination of health care professionals, if consistent with accepted practice, in defining an emergency condition or situation. The most common definition is that an emergency is any injury or acute medical condition liable to cause death, disability, or serious illness if not immediately attended to.

    Obvious examples of emergency conditions that require the immediate attention of a physician or properly trained health professional to prevent loss of life include:

    • Massive hemorrhage from major vessels

    • Cardiac arrest

    • Cessation or acute embarrassment of respiration

    • Profound shock from any cause

    • Rapidly acting poison

    • Anaphylactic reactions

    • Acute epidural hemorrhage

    • Acute overwhelming bacteremia and

    • toxemia

    • Severe head injuries

    • Penetrating wound of the pleura or pericardium

    • Rupture of an abdominal viscus

    • Acute psychotic states.

  • Correspondence

  • Nancy Weber
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, p. 2
    Print publication:
    July 1981
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  • Malpractice Insurance for Nurses: Legal, Ethical and Professional Issues

  • Jane Greenlaw
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, pp. 7-8
    Print publication:
    July 1981

  • Should nurses carry their own malpractice insurance? This is a commonly asked question, to which no simple response can be given. The answer will be different for each individual nurse, and will depend upon a variety of factors; individual personal values will determine which factors are most important. Thus, while it is impossible to offer a definitive answer which is correct for all nurses, it is possible to provide a framework to aid in the development of individual answers. For purpose of discussion this column will examine the nursing malpractice insurance question from three perspectives — legal, ethical, and professional — though in reality, of course, the three overlap.

    The legal issues raised by the malpractice insurance question are the most straightforward and therefore the easiest to deal with. The first question is: do nurses need malpractice insurance at all? Nurses are now viewed (legally and otherwise) as professionals accountable for their own actions.

  • NUS volume 2 issue 6 Cover and Front matter

  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, p. f1
    Print publication:
    July 1981
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  • Now It's the Nurse Who Needs Emergency Care

  • David B. Wilson
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 6 / July 1981
    Published online by Cambridge University Press:
    20 January 2021, pp. 3-4
    Print publication:
    July 1981

  • She is an attractive woman around 30 with two sons, the same husband she started out with, their mortgage (not the same one they started out with), and a license to practice nursing in Massachusetts.

    And her story, anonymous but otherwise undisguised, will tell you more about the nursing shortage, the women's movement, the Medicaid crisis, the conservative revival and social change in America than any compilation of research, analysis, punditry and feminist literature. She is angry and the only reason she is going to take it any more is that she has not discovered a decent alternative.

    She works odd, inflexible hours, some nights and Sundays, in the emergency room of a community hospital outside Boston. It is the kind of place to which your kindly old family doctor, interrupting a weekend frolic with the new cookie, refers his less affluent patients.

  • Antitrust and Health Planning

  • W. Thomas Berriman
  • Journal:
    Medicolegal News / Volume 9 / Issue 3 / June 1981
    Published online by Cambridge University Press:
    01 January 2021, pp. 4-9
    Print publication:
    June 1981

  • The goals of the federal and state antitrust laws and of the federal and state health planning laws often appear to be in conflict. The health planning laws encourage cooperation among providers of health care services and the sharing of facilities and services, based upon the premise that competition in the health care field has not succeeded in containing costs or adequately distributing resources. Generally, it can be said that the health planning laws, by establishing controls to prevent the unnecessary duplication of services, protect service monopolies. In contrast, antitrust laws are designed to prevent the establishment of monopolies which are able to control the supply of services. The antitrust laws are intended to promote a vigorous and competitive economy, in which businesses have a full opportunity to compete on the basis of price, quality and service. As a result of this conflict, those involved in health planning have become concerned about the legal environment in which they act.

  • In Re Spring

  • Mark I. Berson
  • Journal:
    Medicolegal News / Volume 9 / Issue 3 / June 1981
    Published online by Cambridge University Press:
    01 January 2021, pp. 2-9
    Print publication:
    June 1981
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  • Construction Picketing Notices to Health Care Institutions: The National Labor Relations Board Alters its Approach

  • G. Roger King
  • Journal:
    Medicolegal News / Volume 9 / Issue 3 / June 1981
    Published online by Cambridge University Press:
    01 January 2021, pp. 15-28
    Print publication:
    June 1981

  • In the health care field, the concept of protected employee activity under the National Labor Relations Act (NLRA) must be balanced against the need to avoid the disruption of patient care. Congress acknowledged the need to balance these competing concerns when it included Section 8(g) within the 1974 Health Care Institution Amendments to the NLRA.

    Section 8(g) establishes a notification procedure with which a labor organization must comply before commencing a strike or other concerted work-stoppage. In an effort to ameliorate the threat which an unannounced and unanticipated stoppage of work poses to the delivery of health care, Section 8(g) requires that a labor organization provide the health care institution and the Federal Mediation and Conciliation Service with written notice specifying the date and time of any strike, picketing, or other work-stoppage at least ten days in advance of the planned activity.

Page 201 of 228