Our Hands Are Tied: Legal Tensions and Medical Ethics

By Marshall B. Kapp | Go to book overview

exacerbated by exaggerated perceptions and misrepresentations of the legal risks involved. To the extent that those risks can be placed in a more realistic perspective, along with the implementation of other strategies discussed in this chapter and in Chapter 7, valuable inroads may be made in untying the hands of both professionals (figuratively) and patients (sometimes literally).


NOTE
1.
This section of Chapter 5 is based in part on work conducted under sponsorship of the Retirement Research Foundation.

REFERENCES

Addington v. Texas, 441 U.S. 418 ( 1979).

American Bar Association, "Commission on the Mentally Disabled and Commission on Legal Problems of the Elderly. (1989)". Guardianship: An agenda for reform. Washington, DC: ABA.

Annas G. J., & Densberger J. ( 1984). "Competence to refuse medical treatment: Autonomy versus paternalism". University of Toledo Law Review, 15, 561- 596.

Appelbaum P. S. ( 1994). Almost a revolution: Mental health law and the limits of change. New York: Oxford University Press.

Appelbaum P. S. ( 1984). "Hospitalization of the dangerous patient: Legal pressures and clinical responses". Bulletin of the American Academy of Psychiatry and the Law, 12, 323-329.

Avorn J., & Langer E. ( 1982). "Induced disability in nursing home patients: A controlled trial". Journal of the American Geriatrics Society, 30, 397-400.

Barisic S. ( 1996, February 23). "Man sues to stay with wife". Dayton Daily News, p. 4B.

Brown J., & Rayne J. T. ( 1989). "Some ethical considerations in defensive psychiatry: A case study". American Journal of Orthopsychiatry, 59, 534-541.

Capeziut E., Evans L., Strumpf N., & Maislin G. ( 1996). "Physical restraint use and falls in nursing home residents". Journal of the American Geriatrics Society, 44, 627-633.

Collopy B. J. ( 1995). Safety and independence: Rethinking some basic concepts in long-term care. In L. B. McCullough and N. L. Wilson (Eds.), Long-term care decisions: Ethical and conceptual dimensions, pp. 137-152. Baltimore: Johns Hopkins University Press.

Collopy B. J. ( 1990). "Ethical dimensions of autonomy in long-term care". Generations, 19 (Supp.), 9-12.

Evans L. K., & Strumpf N. E. ( 1989). "Tying down the elderly: A review of the literature on physical restraint". Journal of the American Geriatrics Society, 37, 65-74.

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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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