Medical Law and Ethics

Dr. Fremgen earned her PhD at the University of Illinois and was a student in the law program for health care professionals at Loyola Law School, Loyola University, Chicago. Dr. Fremgen has taught ethics at the University of Notre Dame, South Bend, Indiana; the University of Detroit, Detroit, Michigan; and Saint Xavier University, Chicago, IL. She has taught ethics and medical assisting courses to allied health students at Robert Morris College in Chicago and Ivy Tech College in South Bend, IN.  Dr. Fremgen has authored five books and has been the recipient of a number of awards including; Weekly Column “Women in Business,” The Daily Southtown newspaper; Who’s Who in International Women, 1988; Who’s Who in American Nursing, 1984, 1986-1987; Outstanding Management Achievement Award, Humana, 1982. She has also been a member of the Society for Business Ethics, the International Society of Business and Society, the Academy of Management, the Midwest Business Administration Association, the Forum for Healthcare Planning, the American Society of Public Administrators, and the Illinois Public Health Association.

Chapter 1       Introduction to Medical Law, Ethics, and Bioethics

Why Study Law, Ethics, and Bioethics?

Medical Law

Ethics

Models for Examining Ethical Dilemmas

What Ethics Is Not

Bioethics

Part I               The Legal Environment

Chapter 2       The Legal System

The Legal System

Sources of Law

Classification of Laws

The Court System

The Trial Process

Chapter 3       Importance of the Legal System for the Physician

Medical Practice Acts

 Licensure of the Physician

Licensure and Certification of Allied Health Professionals

Standard of Care

Confidentiality

Statute of Limitations

Good Samaritan Laws

Respondeat Superior

Risk Management

Chapter 4       Medical Practice and Allied Health Professionals

Today’s Health Care Environment

Types of Medical Practice

The Ethics of Fee Splitting

Medical Specialty Boards

Allied Health Professionals

Part II          The Health Care Environment         

Chapter 5       The Physician—Patient Relationship

The Physician—Patient Relationship

Physician’s Rights

Physician’s Responsibilities

Professional Practice Responsibilities

Patients’ Rights

Rights of Minors

Patients’ Responsibilities

Role of the Health Care Consumer

Chapter 6       Professional Liability and Medical Malpractice

Professional Negligence and Medical Malpractice

The Tort of Negligence

Defense to Malpractice Suits

Professional Liability

Arbitration

Liability of Other Health Professionals

Malpractice Prevention

Chapter 7       Public Duties of the Physician

Public Health Records and Vital Statistics

Controlled Substances Act and Regulations

Protection of the Employee and the Environment

Chapter 8       Workplace Law and Ethics

Equal Employment Opportunity and Employment Discrimination

Employee Health and Safety

Compensation and Benefits Regulations

Consumer Protection and Collection Practices

Antitrust Laws

Federal Labor Acts

Labor Rights

Chapter 9       The Medical Record

The Medical Record

Purpose of the Medical Record

Contents of the Medical Record

Confidentiality

Ownership

Retention and Storage of Medical Records

Reporting and Disclosure Requirements

Use of the Medical Record in Court

Chapter 10     Confidentiality in Medical Practice

Confidentiality

Health Insurance Portability and Accountability Act (HIPAA) of 1996

Ethical Concerns with Information Technology (Informatics)

Part III            Medical Ethics                                                                                            

Chapter 11     Ethical and Bioethical Issues in Medicine

Early History

Ethical Standards and Behavior

Codes of Ethics

Codes of Ethics for Other Medical Professionals

Ethics Committees

Bioethical Issues

Ethical Issues and Personal Choice

The Ethics of Biomedical Research

Medical Etiquette

Chapter 12     Life

Fetal Development

Assisted or Artificial Conception

Contraception

Sterilization

Abortion

Conscience Clauses

Genetic Counseling and Testing

Wrongful-Life Suits

Human Genome Project

Genetic Engineering

Chapter 13     Death and Dying

The Dying Process

Legal Definition of Death

Stages of Dying

Quality-of-Life Issues

Use of Medications

Hospice Care

Palliative Care

Viatical Settlements

Advance Directives

Choices in Life and Death

Death Certificate

Medical Examiner Cases

Appendix A.   Codes of Ethics

Appendix B.    Health Care Regulatory Credentialing Agencies

Appendix C.    Medical Web Sites

Appendix D.   Case Citations