Beneficiaries of the PHS

admission for treatment of, 7, 14

and physician-patient relationship, 19–
20

Federal civilian employees as, 14
members of Coast Guard as, 15
Biologicals, storage of, 67
Biopsy, consent to, 50

Blood typing tests, conduct of, 56, 57
Blood transfusions, 55-57

blood storage standards and, 57, 68
consents for, 48-51
hazards of, 55

Jehovah's Witnesses and, 30
negligence in, 26, 56

physician's responsibility for, 56
standards of performance in, 56
Body, integrity of, 28

Borrowed servant (see Loaned servant
doctrine)

Breach of confidentiality, 8, 65, 76
Breakdown in physician-patient relation-

ship, 36, 39-40

Broken instruments or equipment, 61, 63,
67

Bronchoscopy, consent to, 50
Burden of proof, 28

Burns, and res ipsa loquitur, 28

anesthetic, 57

electronic equipment, 64

с

Candy Stripers, liability for, 5
Cardiac arrest emergencies, 53

role of nurses in, 53, 55

Cardiac catheterization, consent to, 50
Chart, patient's, 48, 62 (see also Medical
Records)

care in maintenance of, 48
improper remarks in, 63

role of, in subsequent litigation, 63
Children (see Minors)
Choice of physician, 19-20, 43

lack of, in PHS facilities, 43
Coast Guard beneficiaries, 15

risks to PHS personnel in treating, 15
Clinical information (see Medical Rec-
ords)

Clinical laboratory, malpractice in, 56–57,

62

supervision of personnel in, 56-57

Clinical research involving humans, 34
Command relationship, as basis of im-
munity from suit, 15-16
Commissioned Corps personnel, 4, 15
command relationship of, when detailed
to Coast Guard units, 15-16

liability of, in general (see Personal

liability of PHS employees)

liability of, when detailed to Coast
Guard units, 16

malpractice insurance for, 17

payment of travel expenses of, when
attending trial, 77-78
Commitment procedures, 60

Committee, malpractice review, 68-69
Community reputation of physician, 37
Complaint, filing of under FTCA, 71
by patient or relatives, 45, 66
Complexity of medicine, 37

public ignorance of, 37

Conduct creating liability, 26 (see also
Liability)

Conduct not negligent, 26, 27

Confidentiality of information, 65, 76 (see
also Medical records)

liability for breach of, 8, 65

Consent to treatment, 28-34, 48-51
anesthesia and, 58

blood transfusions and, 48

concept of informed, 30-31

emancipated minors and, 32

emergency care and, 29, 49

experimental procedures and, 33

extension of, in surgery, 53

implied, 29, 49

necessity for obtaining, 28–34, 48-51
of minors and incompetents, 32
radiation therapy and, 61

right to withdraw, 29
shock therapy and, 60

surgery and, 49–51, 53

use of standard form in obtaining, 49
Constitutional right of bodily integrity, 29
Consultants, services of, 45, 47, 66
testimony of, 74

Contracts

for engaging physician's services, 19
relating to results of treatment, 20, 22,

27

Cross-matching of blood, 56

Discretionary function exclusion, 7-8
administrative acts within, 8

inapplicability of, to medical care, 8
Dissatisfied patients, 39-45, 66 (see also
Patient psychology)
dealing with, 44

hospitalization as cause of, 42-44
Drugs, 53-55

adverse reactions to, 54

and hospital pharmacy practice, 55, 65
care required in storage of, 55, 67
obsolescence of, 55, 67

prescription and administration of, as

basis of liability, 25, 65

use of experimental, 25, 34, 54
Due care, in selecting personnel, 64, 69
Duty status of PHS personnel, 5–6, 21, 77
being "on call" as affecting, 6
when attending trial, 77

when rendering emergency care, 21

E

Electroshock therapy, dangers of, 59–60
Eligibility for admission to treatment, 7,
14, 15, 19, 20

emergency care as basis of, 19
responsibility for determining, 7
Emancipated minors, 32–33
problems relating to, 32
validity of consent of, 33
Emergency treatment, 19, 20, 21
and Good Samaritan statutes, 20
by PHS personnel off duty, 21
consent for, 29, 49

liability for failing to provide, 7
statutory basis for providing, 19
Emotional needs of patients, 39–41, 44
Employee (see Federal civilian employ-
ees; Employee of PHS)

Employee of PHS, described, 4-6
Civil Service appointee as, 4

effect of loaned servant "doctrine" on,

5

Girl Scout Candy Striper as, 5
indicia of, 4

law which determines, 4

legal effect of right to supervise, 5

liability for negligence of, under FTCA,

3

persons working under affiliation agree-

ments as, 4-5

PHS Commissioned Corps members as,

4

Red Cross Gray Ladies as, 5

status of when in non-PHS environ-
ments, 5

Endoscopies, consent to, 50

Equipment, maintenance of, 58, 61, 63
hazardous nature of electronic, 64
liability for defective, 52, 61, 64
Esophagoscopy, consent to, 50
Ethical obligations of physicians, 20
Evidence, and burden of proof, 28
Execution of consent form, 49

informed consent as evidenced by, 49
Exercise of tact, 45

Experimental procedures, 33-34

informed consent to, 34

right to perform, 34

Expert witness, testimony of, 28, 73–76
Explanations to patient or relatives, 45, 66