Legal Aspects of PHS Medical Care, Volume 2U.S. Department of Health, Education, and Welfare, Public Health Service, Bureau of Medical Services, 1966 - 104 pages |
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Page 1
... action brought , except perhaps in those instances in which the plaintiff cannot bring 1The term " malpractice " may be defined broadly as the failure on the part of a physician , dentist , pharmacist , nurse , or other person of ...
... action brought , except perhaps in those instances in which the plaintiff cannot bring 1The term " malpractice " may be defined broadly as the failure on the part of a physician , dentist , pharmacist , nurse , or other person of ...
Page 3
... actions on claims against the United States , for money damages . . . for injury or loss of property , or personal ... action is determined to exist under State law will the United States be held liable under the FTCA.1 11 7 Act of Aug ...
... actions on claims against the United States , for money damages . . . for injury or loss of property , or personal ... action is determined to exist under State law will the United States be held liable under the FTCA.1 11 7 Act of Aug ...
Page 6
... actions out- side the Government frame of reference , however laudable or morally motivated , would not be deemed to be acts within the scope of his Government employment within the meaning of the FTCA . ( d ) Statutory exclusions ...
... actions out- side the Government frame of reference , however laudable or morally motivated , would not be deemed to be acts within the scope of his Government employment within the meaning of the FTCA . ( d ) Statutory exclusions ...
Page 7
... action will lie against the United States based on the refusal to admit a patient . " On the other hand , the courts have consistently held that once the discretion is exercised and the patient admitted , the discretionary function ...
... action will lie against the United States based on the refusal to admit a patient . " On the other hand , the courts have consistently held that once the discretion is exercised and the patient admitted , the discretionary function ...
Page 8
... action for battery is absence of legal consent , it is no defense that the unauthorized treatment was given with a high degree of skill or that it actually benefited the patient . Church v . Adler , 351 Ill . App . 471 , 113 N.E. 2d 327 ...
... action for battery is absence of legal consent , it is no defense that the unauthorized treatment was given with a high degree of skill or that it actually benefited the patient . Church v . Adler , 351 Ill . App . 471 , 113 N.E. 2d 327 ...
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Common terms and phrases
2d Cir 5th Cir activities acts administrative Amer anesthesia applicable authorized Blood Transfusion cardiac arrest cert circumstances clinical information Code Ann Counsel court damages dentist detention DHEW diagnosis disclosed disclosure discretionary function discussion doctrine drug emergency employee's equipment exercise failure Federal FTCA given held liable hospital immunity informed consent injuries involved legal guardian malpractice claims malpractice litigation malpractice prevention malpractice suit manual Medical Malpractice medical practice medical records medical treatment ment military minor negligent conduct nurse obtained officer in charge operative procedure patient psychology performed personal liability pharmacist PHS care PHS employee PHS facilities PHS personnel PHS physician PHS regulations physician plaintiff problems psychological Public Health Service reasonable requires res ipsa loquitur respondeat superior responsibilities result risks Samaritan statutes shock therapy standard Stat subpoena suicidal tendencies suit-prone patient Supp Surgeon surgery testimony therapy tion tort treat U.S. Attorney United X-ray
Popular passages
Page 29 - They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men.
Page 30 - McCoid, A Reappraisal of Liability for Unauthorized Medical Treatment, 41 Minn.
Page 31 - A physician violates his duty to his patient and subjects himself to liability if he withholds any facts which are necessary to form the basis of an intelligent consent by the patient to the proposed treatment.
Page 31 - He should neither exaggerate nor minimize the gravity of the patient's condition. He should assure himself that the patient or his friends have such knowledge of the patient's condition as will serve the best interests of the patient and the family.
Page 7 - ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 82 - ... final conclusions on any subject considered by it may be prohibited by the Surgeon General. (c) The following types of Information in the records or possession of the Service are confidential and, subject to the provisions of paragraphs (a) and (b) of this section, shall be disclosed only as necessary for the performance of the functions of the Service...
Page 84 - Response to subpoena or other compulsory process. If any officer or employee of the Service is sought to be required, by subpoena or other compulsory process, to produce records of the Service or to disclose any information described in...
Page 85 - Dec. 1, 1960] § 1.108 Relation to other provisions of law. The provisions of this part are in addition to other applicable provisions of law or regulation and shall not be deemed to authorize or compel disclosure of information inconsistently with such other provisions. [21 FR 9805, Dec.
Page 33 - A minor may be emancipated for some purposes and not for others. The parent may authorize his minor child to make contracts of employment and collect and spend the money earned and still not emancipate him from parental custody and control.
Page 13 - This is based on the long-established rule that public officers are not liable for the negligence of their subordinates.