Law in the Health and Human ServicesSimon and Schuster, 2010 M06 15 - 640 pages Professor Dickson provides students with examples of a legal way of thinking about significant issues in social policy. This book can be used in policy and practice courses in the fields of mental health, child welfare, the family, developmental and physical disabilities, and professional ethics. Provides excellent selection of relevant court decisions along with clearly articulated questions and issues for discussion. |
Contents
| 3 | |
| 15 | |
| 46 | |
Legal Concepts for the Professional | 79 |
Privacy Personal Autonomy and Records | 95 |
Principles and Limitations | 122 |
Informed Consent | 156 |
Incompetence and Guardianship | 208 |
Law and the Mentally Ill | 375 |
Legal Issues for Individuals with Disabilities | 407 |
AIDS and the Law | 444 |
Courtroom Issues Malpractice and Administrative Liability | 481 |
Malpractice and Administrative Liability | 520 |
Fact and Expert Witnesses | 573 |
Notes | 595 |
Index of Cases | 623 |
Social Problems and Vulnerable Populations | 245 |
Child Abuse Termination | 314 |
General Index | 629 |
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Common terms and phrases
abortion action admission adult agency AIDS alleged battered child syndrome child abuse child sexual abuse civil claim Code commitment competent conduct confidentiality constitutional right counsel court found court held Court of Appeals criminal custody decision defendant determine disabled disclosure District Court domestic violence drug Due Process Clause duty employees evidence expert federal Fourteenth Amendment Fourth Amendment guardian harm health and human hearing hospital human services professional incompetent individual informed consent involuntary commitment Issues for Discussion judge judgment jury liability malpractice medical treatment ment mentally retarded mother Notes and Issues patient or client person petitioner physician plaintiff privilege procedure proceedings protect psychiatrist reasonable record refuse regulations relationship respondent result risk sexual abuse sexual harassment social worker standard statute sterilization suicide syndrome termination testified testimony tion trial court U.S. Supreme Court violation witness
Popular passages
Page 305 - First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Page 202 - Every human being of adult years and sound mind has a right to determine what shall be done with his own body ; and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages.
Page 300 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Page 171 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 250 - The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state ; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
Page 97 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Page 307 - Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.
Page 107 - 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 52 - The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law.