| Hospital Liability for Defective Medical Equipment |
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| Hospital Liability for Defective Medical Equipment More... |
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| The Emergency Medical Treatment and Active Labor Act |
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| The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law enacted in 1986 to stop the practice of "patient dumping," or turning patients away from emergency rooms based on their lack of ability to pay. Under EMTALA, any hospital that has an emergency room and that receives federal funding must provide any individual coming to its premises with a medical screening examination to determine if an emergency condition or active pregnancy labor exists. If so, the hospital is required to stabilize the patient's condition prior to transferring the patient to another facility, subject to a few narrowly defined exemptions. The transfer must be appropriate and meet certain conditions. More... |
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| Liability for Administering Drugs |
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| When prescribing drugs to treat a patient, a physician is expected to use the same standard of care and skill that is normally possessed and exercised under the same circumstances by physicians in good standing in the same or similar locations. In most cases, a doctor is liable for injuries to a patient resulting from the administration of the wrong drug. Some courts have found that the manufacturers' inserts containing use recommendations are prima facie evidence of the standard of care to be followed by physicians in using the medication, but other courts have concluded that this information from manufacturers is admissible only as some evidence as to the standard of care, not rising to the level of prima facie evidence. More... |
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| Judicial Reduction of Damage Awards |
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| Judicial Reduction of Damage Awards More... |
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| Sexual Relationship between a Psychotherapist and a Patient |
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| It is a known risk of therapy that a patient who is troubled, vulnerable, or suggestible may become overly attached to the therapist and may consent to sexual contact. This attachment to a therapist is so well known that it has been given a title. "Transference" describes a situation where a patient displaces feelings about another person and redirects them towards the therapist. Transference, while a normal and often important part of the therapeutic process, carries with it a great potential for abuse by the therapist. More... |
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