Our Hands Are Tied: Legal Tensions and Medical Ethics

By Marshall B. Kapp | Go to book overview

other defensive practices] for legal reasons is unethical and does not necessarily prevent malpractice suits. Physicians must resist these pressures. (p. 414)


NOTE
1.
These sentiments also apply to perceived regulatory intrusions, such as federal provisions criminalizing Medicare / Medicaid fraud and abuse. The head of the Association of American Physicians and Surgeons, a libertarian fringe of the medical profession, has written ( Orient, 1994): "One cardiac surgeon stated that he would no longer use stents to keep coronary arteries open in Medicare patients. He is not willing to risk his career. Instead he will perform open-heart surgery on these patients, a much more invasive procedure."

REFERENCES

American College of Physicians ( 1995). "Beyond MICRA: New ideas for liability reform". Annals of Internal Medicine, 122, 466-473.

Anderson E. ( 1996, March 4). "Physician won malpractice case, but still lost a lot". American Medical News, 39, 15-16.

Angell M. ( 1996). "Evaluating the health risks of breast implants: The interplay of medical science, the law, and public opinion". New England Journal of Medicine, 334, 1513-1518.

Baldwin L.-M., Hart G., Lloyd M., Fordyce M., & Rosenblatt R. A. ( 1995). "Defensive medicine and obstetrics". Journal of the American Medical Association, 274, 1606-1610.

Barry M. J., Mulley A. G. J., Fowler E. J., & Wennberg J. W. ( 1988). "Watchful waiting vs. immediate transurethral resection for symptomatic prostatism: The importance of patients' preferences". Journal of the American Medical Association, 259, 3010-3017.

Beckman H. B., Markakis K. M., Suchman A. L., & Frankel R. M. ( 1994). "The doctor-patient relationship and malpractice: Lessons from plaintiff depositions". Archives of Internal Medicine, 154, 1365-1370.

Berczeller R. H. ( 1994). Doctors and patients: What we feel about you. New York: Macmillan Publishing Company.

Black N. ( 1990). "Medical litigation and the quality of care". Lancet, 335, 35-37.

Blumenthal D. ( 1994). "Making medical errors into medical treasures." Journal of the American Medical Association, 272, 1867-1868.

Bogner M. S. ( 1994). "Human error in medicine: A frontier for change". In M. S. Bogner (Ed.), Human Error in Medicine (pp. 373-383). Hillsdale, NJ: Lawrence Erlbaum Associates.

Bosk., C. L. ( 1979). Forgive and remember: Managing medical failure. Chicago: University of Chicago Press.

Brennan T. A. ( 1995). Book review of "Suing for malpractice", by F. P. B. Githens Sloan , E. W. Clayton, G. B. Hickson, D. A. Gentile, & D. E. Partlett. Journal of Law, Medicine & Ethics, 23, 96-100.

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Our Hands Are Tied: Legal Tensions and Medical Ethics
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • References xiv
  • Acknowledgments xv
  • 1 - Losing at the Lottery: Physician Perceptions of the Legal Environment 1
  • Notes 22
  • Notes 23
  • 2 - The Lawyer Made Me Do It: from Legal Perception to Medical Practice 27
  • Note 46
  • References 46
  • 3 - Risk Managers and Legal Counsel: Ethical Enablers or Paid Paranoids? 53
  • References 64
  • 4 - Doing Everything: Treating Legal Fears near the End of Life 65
  • Note 87
  • References 88
  • 5 - Who Is Responsible for This? Everyday Patient Intrusions to Protect the Provider 97
  • Note 118
  • References 118
  • 6 - A Dispirited Lot: Malpractice and What Else? 123
  • 7 - Reconciling Risk Management and Medical Ethics: Opportunities and Obstacles 141
  • References 164
  • Index 171
  • Bout the Author 177
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