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 3
... determined to exist under State law will the United States be held liable under the FTCA.1 11 7 Act of Aug. 2 , 1946 ... determines liability - creating conduct . RESTATEMENT , CONFLICT OF LAWS , §§ 377-379 ( 1934 ) . Maryland , to the ...
... determined to exist under State law will the United States be held liable under the FTCA.1 11 7 Act of Aug. 2 , 1946 ... determines liability - creating conduct . RESTATEMENT , CONFLICT OF LAWS , §§ 377-379 ( 1934 ) . Maryland , to the ...
Page 4
... determine if an individual is an employee of the United States , the matter being resolved by reference to Federal law , Civil Service regulations , and other Federal evidentiary materials.1 In this respect , a listing of all PHS em ...
... determine if an individual is an employee of the United States , the matter being resolved by reference to Federal law , Civil Service regulations , and other Federal evidentiary materials.1 In this respect , a listing of all PHS em ...
Page 26
... determined by refer- ence to the law of the State in which the alleged negligent conduct took place . By way of illustration only , there are indicated below some of the types of negligent conduct for which physicians and other profes ...
... determined by refer- ence to the law of the State in which the alleged negligent conduct took place . By way of illustration only , there are indicated below some of the types of negligent conduct for which physicians and other profes ...
Page 29
... determine what shall be done with his own body . As noted by Mr. Justice Brandeis in Olmstead v . United States , 277 U.S. 438 , 478 ( 1928 ) : “ The makers of our Constitution * * sought to protect Americans in their beliefs , their ...
... determine what shall be done with his own body . As noted by Mr. Justice Brandeis in Olmstead v . United States , 277 U.S. 438 , 478 ( 1928 ) : “ The makers of our Constitution * * sought to protect Americans in their beliefs , their ...
Page 30
... determine what shall be done to his body when his life is at stake . The most noteworthy cases have involved unauthorized blood transfusions given to members of the Jehovah's Witnesses , whose religious convictions prohibit the ...
... determine what shall be done to his body when his life is at stake . The most noteworthy cases have involved unauthorized blood transfusions given to members of the Jehovah's Witnesses , whose religious convictions prohibit the ...
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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.