The Respiratory Therapist's Legal Answer Book
Each day a new law or regulation affects the way respiratory therapists perform their jobs. This basic legal guide contains the extensive information respiratory therapists need to know about the court system, lawyers, law, and litigation. Written by the author, a lawyer and therapist with 13 years of clinical experience ranging from floor therapy to administrative and management functions, this book combines the author's knowledge of the complex interactions in the legal system and how the legal system relates to therapy delivered at the bedside. A resource for students and professionals, the book presents 16 areas of the law, including medical negligence, hospital law and employment law. The text also contains a series of questions and answers about the subject areas of the law, and provides extensive guidance for therapists navigating the treacherous currents of ever changing laws. This is a book for anyone who treats respiratory therapy patients or manages therapists. Most legal texts are written either by non-lawyers or non-therapists. Non-lawyers do not understand the complex interactions in the legal system, and are not permitted to give advice. Non-therapists may understand the law very well, but be unable to relate to how therapy is delivered at the bedside. This book is written by a therapist who is a lawyer, and who has been at the bedside. With thirteen years of clinical experience ranging from floor-therapy to administration and management functions, the author understands how a hospital works. The result is a book that is useful both as a course-book and as a reference
Essential Employee Rights in Contracts and Benefits
What Is Freedom of Contract?
Is the Employment Relationship a Contract?
Are There Circumstances That Can Create a Contract?
Are All States Employment at Will?
What Is a Service Letter?
Must Sexual Discrimination Be Across Genders? 143
What Is Disability Discrimination? 144
Is It Lawful to Discriminate on the Basis of National Origin? 145
Are Foreign Nationals Covered? 146
What Is Religious Discrimination? 148
How Does an Employee File a Charge of Discrimination? 149
H Key Points 154
Essentials of Employment Law for Managers 155
What Constitutes an Employment Contract?
What Are NonDisclosure and NonCompete Clauses? 888
If My Employer Insists on Such an Agreement What Should I Do?
How Are Agreements Enforced?
What Happens if You Violate an Agreement?
Are Covenants Not to Compete Limited in Any Way?
What Are Choice of Law Provisions?
What Is Choice of Forum?
Should I Agree to Alternate Dispute Resolution?
E What Rights Are Protected by Labor Relations Laws?
Is the Right to Group Action Protected?
How Does the NLRB Work?
F Are There Employment Rights Unique to Health Care?
What Issues Affect Workload?
What Is the Difference Between Triage and Abandonment?
Should Therapists Be the Patients Advocate?
What Rights Exist in Workers Compensation?
Must I Report My Injury?
Essential Employee Rights Granted By Federal and State Law
E What Are Whistleblower Statutes?
What Is the Federal False Claims Act?
How Has the FCA Been Used?
Are There State False Claims Acts?
F What Happens in Unlawful Termination Litigation?
What Is an Example of Intentional Infliction of Emotional Distress?
What Is Extreme and Outrageous Conduct?
What Is Invasion of Privacy?
B What Is the Plaintiffs Burden in Malpractice?
How Does a Plaintiff Go About Proving the Standard
How Important Is It to Investigate Fully?
H Key Points
What Every Therapist Should Know About Risk Management
B What Does a Risk Manager Do?
What Is Systems Analysis?
Would Systems Analysis Have Stopped Efren Saldivar?
Why Is Systems Analysis the First Line of Defense?
Is This a Search for a Scapegoat?
How Should Investigations Be Handled?
How Important Is Identifying Individual ErrorMakers?
How Should Investigations into Abuse and Neglect Proceed?
How Do We Find Out What Went Wrong?
What About Mere Negligence?
What About Impaired Mental Function?
Is Quality Improvement a Part of Effective Risk Management?
E How Does Tracking Errors Improve Care?
Protecting Yourself and Your Employer
Business Law Protecting Your Own Business
The Ethical Rules of Health Care
A The Legal System
What Are Slander Libel? 211
Why Are Contracts Important to Therapists?
How Do Courts Look at Contracts?
Employment at Will? 139
Are There Statutory Exceptions? 140
What Is Age Discrimination? 141
What About GenderBased or SexBased Discrimination? 142
What Are the Rules on Hiring? 156
What Are Employers Prohibited to Do? 157
Are All Forms of Discrimination Unlawful? 160
Are There Rules Governing Promotion and Transfer? 161
What Are the Rules on Firing and Demotion? 163
Should I Be Concerned About the NLRB? 164
How Important Are Investigation Procedures? 165
How Important Is Documentation? 167
What Is a Hostile Work Environment? 168
Do Different Rules Affect the News Media? 212
Torts based on Negligence 213
E What About My Employers Promise of Providing
of Medications? 307
How Do We Encourage Error Analysis? 308
How Does This Affect Patient Incidents? 309
When Should I File an Incident Report? 310
Can You Admit Error Without Admitting Liability? 311
When Should a Mediator Be Considered? 313
Why Is It Necessary to Protect the Medical Record? 314
Do Late Entries Create a Problem? 315
What Is an Incident Report? 316
How Important Are Incident Reports? 317
How Do I Write a Good Incident Report? 319
The Civil LawProtecting Yourself and Family 367
Does a Patient Have a Right to Emergency Care?
F Are Warranties Contracts?
How Are Negligent Torts Different from Intentional
Can Health Care Providers Discriminate?
Essential Employee Rights Granted By Federal and State Law 113
Essentials of Tort Law 199
Is Public Policy Important? 214
What Is This Concern with Foreseeability? 215
What Is Considered to Be a Breach of Duty? 218
What Is Proximate Cause? 219
What Kinds of Damages Exist? 220
What Are Noneconomic Damages? 221
What Are Punitive Damages? 222
What Is Premises Liability? 223
What Is Causation? 224
What Is Joint and Several Liability? 225
What Are Abnormally Dangerous Activities? 226
What Is Strict Product Liability? 227
What Is a Design Defect? 228
What Is a Failure to Warn? 229
What Is Respondeat Superior? 230
What Determines MasterServant Relationships? 231
What Is Ostensible Agency? 232
G Summary 233
Consequences of Medical Error 235
What Is Medical Error? 236
B What Is the Plaintiffs Burden in Malpractice? 240
How Does a Plaintiff Go About Proving the Standard
F How Do I Document and Save Myself? 267
G How Important Is Team Communication? 285
Surviving Litigation 401
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