The Respiratory Therapist's Legal Answer Book

Front Cover
Jones & Bartlett Learning, 2006 - Health & Fitness - 501 pages
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
 

Contents

Chapter
1
Chapter
14
Essential Employee Rights in Contracts and Benefits
81
What Is Freedom of Contract?
82
Is the Employment Relationship a Contract?
83
Are There Circumstances That Can Create a Contract?
84
Are All States Employment at Will?
85
What Is a Service Letter?
86
Must Sexual Discrimination Be Across Genders? 143
143
What Is Disability Discrimination? 144
144
Is It Lawful to Discriminate on the Basis of National Origin? 145
145
Are Foreign Nationals Covered? 146
146
What Is Religious Discrimination? 148
148
How Does an Employee File a Charge of Discrimination? 149
149
H Key Points 154
154
Essentials of Employment Law for Managers 155
155

What Constitutes an Employment Contract?
87
What Are NonDisclosure and NonCompete Clauses? 888
88
If My Employer Insists on Such an Agreement What Should I Do?
89
How Are Agreements Enforced?
90
What Happens if You Violate an Agreement?
91
Are Covenants Not to Compete Limited in Any Way?
92
What Are Choice of Law Provisions?
93
What Is Choice of Forum?
94
Should I Agree to Alternate Dispute Resolution?
95
E What Rights Are Protected by Labor Relations Laws?
96
Is the Right to Group Action Protected?
97
How Does the NLRB Work?
99
F Are There Employment Rights Unique to Health Care?
100
What Issues Affect Workload?
101
What Is the Difference Between Triage and Abandonment?
102
Should Therapists Be the Patients Advocate?
103
What Rights Exist in Workers Compensation?
104
Must I Report My Injury?
105
Essential Employee Rights Granted By Federal and State Law
113
E What Are Whistleblower Statutes?
134
What Is the Federal False Claims Act?
135
How Has the FCA Been Used?
136
Are There State False Claims Acts?
138
F What Happens in Unlawful Termination Litigation?
139
What Is an Example of Intentional Infliction of Emotional Distress?
208
What Is Extreme and Outrageous Conduct?
209
What Is Invasion of Privacy?
210
B What Is the Plaintiffs Burden in Malpractice?
240
How Does a Plaintiff Go About Proving the Standard
257
How Important Is It to Investigate Fully?
287
H Key Points
290
Summary
291
What Every Therapist Should Know About Risk Management
293
B What Does a Risk Manager Do?
294
What Is Systems Analysis?
295
Would Systems Analysis Have Stopped Efren Saldivar?
297
Why Is Systems Analysis the First Line of Defense?
298
Is This a Search for a Scapegoat?
299
How Should Investigations Be Handled?
300
How Important Is Identifying Individual ErrorMakers?
301
How Should Investigations into Abuse and Neglect Proceed?
302
How Do We Find Out What Went Wrong?
303
What About Mere Negligence?
304
What About Impaired Mental Function?
305
Is Quality Improvement a Part of Effective Risk Management?
306
E How Does Tracking Errors Improve Care?
307
Protecting Yourself and Your Employer
325
Chapter 2
332
Business Law Protecting Your Own Business
349
Surviving Litigation
401
A Introduction
427
The Ethical Rules of Health Care
461
428
498
A The Legal System
515
What Are Slander Libel? 211
429
Why Are Contracts Important to Therapists?
1
51
51
How Do Courts Look at Contracts?
57
Employment at Will? 139
139
Are There Statutory Exceptions? 140
140
What Is Age Discrimination? 141
141
What About GenderBased or SexBased Discrimination? 142
142
What Are the Rules on Hiring? 156
156
What Are Employers Prohibited to Do? 157
157
Are All Forms of Discrimination Unlawful? 160
160
Are There Rules Governing Promotion and Transfer? 161
161
What Are the Rules on Firing and Demotion? 163
163
Should I Be Concerned About the NLRB? 164
164
How Important Are Investigation Procedures? 165
165
How Important Is Documentation? 167
167
What Is a Hostile Work Environment? 168
168
Do Different Rules Affect the News Media? 212
212
Torts based on Negligence 213
213
E What About My Employers Promise of Providing
262
of Medications? 307
307
How Do We Encourage Error Analysis? 308
308
How Does This Affect Patient Incidents? 309
309
When Should I File an Incident Report? 310
310
Can You Admit Error Without Admitting Liability? 311
311
When Should a Mediator Be Considered? 313
313
Why Is It Necessary to Protect the Medical Record? 314
314
Do Late Entries Create a Problem? 315
315
What Is an Incident Report? 316
316
How Important Are Incident Reports? 317
317
How Do I Write a Good Incident Report? 319
319
The Civil LawProtecting Yourself and Family 367
367
Index 477
477
31
484
Key Points
i
Does a Patient Have a Right to Emergency Care?
v
F Are Warranties Contracts?
vi
J Summary
xv
How Are Negligent Torts Different from Intentional
1
Can Health Care Providers Discriminate?
9
44
44
Essential Employee Rights Granted By Federal and State Law 113
113
Essentials of Tort Law 199
199
Torts? 213
213
Is Public Policy Important? 214
214
What Is This Concern with Foreseeability? 215
215
What Is Considered to Be a Breach of Duty? 218
218
What Is Proximate Cause? 219
219
What Kinds of Damages Exist? 220
220
What Are Noneconomic Damages? 221
221
What Are Punitive Damages? 222
222
What Is Premises Liability? 223
223
What Is Causation? 224
224
What Is Joint and Several Liability? 225
225
What Are Abnormally Dangerous Activities? 226
226
What Is Strict Product Liability? 227
227
What Is a Design Defect? 228
228
What Is a Failure to Warn? 229
229
What Is Respondeat Superior? 230
230
What Determines MasterServant Relationships? 231
231
What Is Ostensible Agency? 232
232
G Summary 233
233
Consequences of Medical Error 235
235
What Is Medical Error? 236
236
B What Is the Plaintiffs Burden in Malpractice? 240
240
How Does a Plaintiff Go About Proving the Standard
257
F How Do I Document and Save Myself? 267
267
G How Important Is Team Communication? 285
285
Surviving Litigation 401
401
Copyright

Common terms and phrases

Bibliographic information