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LOOKING FOR THE ISSUES OR A LAWYER’S DREAM, A DOCTOR’S NIGHTMARE

LOOKING FOR THE ISSUES OR A LAWYER’S DREAM, A DOCTOR’S NIGHTMARE. JOSEPH A. PROCACCINO, JR. LEGAL ADVISOR TO THE SURGEON GENERAL HQ USAF/SGJ. TOPICAL ISSUES. TORT DUTY BREACH CAUSATION DAMAGE STANDARD OF CARE MEASUREMENT OF DUTY OWED BY THE PROVIDER RESPONDEAT SUPERIOR

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LOOKING FOR THE ISSUES OR A LAWYER’S DREAM, A DOCTOR’S NIGHTMARE

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  1. LOOKING FOR THE ISSUESORA LAWYER’S DREAM, A DOCTOR’S NIGHTMARE JOSEPH A. PROCACCINO, JR. LEGAL ADVISOR TO THE SURGEON GENERAL HQ USAF/SGJ

  2. TOPICAL ISSUES • TORT • DUTY • BREACH • CAUSATION • DAMAGE • STANDARD OF CARE • MEASUREMENT OF DUTY OWED BY THE PROVIDER • RESPONDEAT SUPERIOR • STATUS OF PROVIDERS AND VICARIOUS LIABILITY • VOLUNTEERS • ADEQUACY OF TRAINING/PROFICIENCY

  3. TOPICAL ISSUES CONT’D • INFORMED CONSENT • COMPETENCY • MINORS • CREDENTIALS AND PRIVILEGING OF PROVIDERS • SCOPE OF PRACTICE • HIPAA • CONFIDENTIALITY OF MEDICAL INFORMATION • DISCRIMINATION • RIGHT TO REFUSE CARE • CONSCIENCE CLAUSES • FUTILITY OF CARE • DUTY TO TREAT OR NOT TREAT

  4. TOPICAL ISSUES CONT’D • DEFINING DEATH • BRAIN DEATH VS. SOMATIC DEATH • HOMICIDE • AUTOPSY • REFUSAL • CHILD ABUSE • DUTY TO REPORT • RECORD KEEPING • APPROPRIATE DOCUMENTATION • ABORTION • CRITERIA • EMTALA • DUTY TO GIVE EMERGENT CARE • ABANDONMENT

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