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

Page 204 of 228

  • Invasion of Privacy in the Hospital

  • George J. Annas
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 2 / February 1981
    Published online by Cambridge University Press:
    20 January 2021, p. 3
    Print publication:
    February 1981

  • Hospitals are often busy places, and in the course of routine procedure many patients have their privacy violated. While patients have a right to privacy, sometimes called a “right to be let alone,” courts will not generally permit a patient to recover money damages unless it can be shown that the invasion was intentional and would be objectionable to a person of ordinary sensibilities. Two cases from the State of Maine illustrate the issues involved. The first is a 1976 case in which a physician, who had operated on a patient twice for cancer of the larynx, was taking a series of photographs of the patient's neck. On the day the patient died, the physician and a nurse came to the patient's room. The physician (or the nurse, at his direction) raised the dying patient's head and placed some blue operating room toweling under it for color contrast and proceeded to take photographs.

  • Medical Licensing: Reply to Annas, et al.

  • Harry Binswanger, Edwin A. Locke, Arthur S. Mode
  • Journal:
    Medicolegal News / Volume 9 / Issue 1 / February 1981
    Published online by Cambridge University Press:
    01 January 2021, p. 2
    Print publication:
    February 1981
    • Article
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  • Informed Consent and the Nurse

  • Angela R. Holder, John W. Lewis
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 2 / February 1981
    Published online by Cambridge University Press:
    20 January 2021, pp. 1-8
    Print publication:
    February 1981

  • Informed consent, as the courts define it, is the patient's right to know, before agreeing to a procedure, what the procedure entails — the hazards, the possible complications, and expected results of the treatment. The patient must understand any reasonable alternatives to the proposed procedure, including, in most cases, the results that can be predicted from nontreatment. The choice among alternative risks involves value judgments falling outside the scope of medical decision-making, including the patient's views on social, economic, and other personal factors of which health professionals cannot possibly be aware.

    The negotiations necessary to obtain the patient's informed consent are the responsibility of the person who will perform the procedure. If a physician is in charge, the physician may delegate the discussion to another but retains the legal responsibility to make sure the patient understands.

  • NUS volume 2 issue 1 Cover and Back matter

  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 2 / February 1981
    Published online by Cambridge University Press:
    20 January 2021, p. b1
    Print publication:
    February 1981
    • Article
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  • NUS volume 2 issue 2 Cover and Front matter

  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 2 / February 1981
    Published online by Cambridge University Press:
    20 January 2021, p. f1
    Print publication:
    February 1981
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  • Hiding Medical Records Behind the Law

  • Jane L. Greenlaw
  • Journal:
    Nursing Law & Ethics / Volume 2 / Issue 2 / February 1981
    Published online by Cambridge University Press:
    20 January 2021, p. 5
    Print publication:
    February 1981

  • The nursing home nurses were faced with a troubling problem. An 87 year old woman, who had been a resident of the home for several years, had gradually become disoriented, confused, and nearly unable to communicate. Nursing care for this otherwise healthy woman continued as always — monitoring and maintaining her medical status with a necessary increase in physical care as her own self-care ability diminished. The problem was the woman's son: he was demanding to see his mother's chart because he believed that she had cancer and that this was being concealed from him. What should the nurses do?

    The issue is complex and can best be examined in stages. The first question is: does the son have a legal right to see his mother's records? The answer is that in no state does a patient's son or other relative have an automatic legal right, by virtue of his relationship to the patient, to see an adult patient's medical record. Often, particularly with nursing home patients, a relative signs an agreement to assume financial responsibility for expenses incurred by a patient.

  • Vox Clamantis in Deserto: Do You Really Mean What You Say in Spring?

  • Lee J. Dunn, Jr., Nancy E. Ator
  • Journal:
    Medicolegal News / Volume 9 / Issue 1 / February 1981
    Published online by Cambridge University Press:
    01 January 2021, pp. 14-27
    Print publication:
    February 1981

  • Probably the most vexing result of the Massachusetts Supreme Judicial Court's [SJC] opinion in the Spring case is that judges, lawyers, and others faced with similar problems in other jurisdictions are likely to read the opinion and commend the Supreme Judicial Court for its efforts. Yet, once the background of this case is known, or once one reads the opinions of the Court of Appeals or of the Probate Court, or the briefs submitted by the parties and the amici curiae, the inadequacies of the opinion become apparent. In our view, the Spring decision works a disservice on all those both within and without Massachusetts who seek guidance from the courts as they attempt to resolve similar cases.

    The Illinois Association of Hospital Attorneys [IAHA], among others, filed a brief amicus curiae in the Spring case for three reasons: First, to ask that the SJC reconsider the position it had taken in Saikewicz, and thereby to alleviate some of the misunderstanding caused by that decision. Second, to ask the court to reconsider whether the tests it enunciated in Saikewicz were truly workable in the contemporary health care delivery system.

Page 204 of 228