Elsevier Health Sciences - Legal Medicine, 7e

Legal Medicine

American College of Legal Medicine Texbook Committee

Seventh Edition

S. Sandy Sanbar, MD, PhD, JD, FCLM

Editor

Chairman, ACLM Textbook Committee (19842007)

Past President ACLM (19891990)

Marvin H. Firestone, MD, JD, FCLM

Deputy Editor

Past President ACLM (19931994)

Sal Fiscina, MD, JD, FCLM

Past President ACLM (19871988)

Theodore R. LeBlang, JD, FCLM

Past President ACLM (20042005)

Cyril H. Wecht, MD, JD, FCLM

Past President ACLM (19691972)

Miles J. Zaremski, JD, FCLM

Past President ACLM (20022003)

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LEGAL MEDICINE, SEVENTH EDITION

ISBN-13: 978-0-323-03753-2

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Notice

Knowledge and best practice in this field are constantly changing. As new research and experience broaden our knowledge, changes in practice, treatment and drug therapy may become necessary or appropriate. Readers are advised to check the most current information provided (i) on procedures featured or (ii) by the manufacturer of each product to be administered, to verify the recommended dose or formula, the method and duration of administration, and contraindications. It is the responsibility of the practitioner, relying on their own experience and knowledge of the patient, to make diagnoses, to determine dosages and the best treatment for each individual patient, and to take all appropriate safety precautions. To the fullest extent of the law, neither the Publisher nor the Editors assumes any liability for any injury and/or damage to persons or property arising out or related to any use of the material contained in this book.

The Publisher

Library of Congress Cataloging-in-Publication Data

Legal medicine / American College of Legal Medicine Textbook

Committee ; S. Sandy Sanbar [et al.].7th ed.

p. ; cm.

Includes bibliographical references and indexes.

ISBN 0-323-03753-4

1. Medical laws and legislationUnited States. I. Sanbar, Shafeek S.II. American College of Legal Medicine.

[DNLM: 1. JurisprudenceUnited States. 2. Legislation, MedicalUnited States. 3. PhysicianPatient RelationsUnited States. W 32.5 AA1 L47 2007]

KF3821.L44 2007

344.73041dc22

2006033533

Acquisitions Editor: Rolla Couchman

Developmental Editor: Agnes Byrne

Project Manager: Bryan Hayward

Interior Design Direction: Steven Stave

Cover Designer: Steven Stave

Printed in United States of America

Last digit is the print number: 9 8 7 6 5 4 3 2 1

Contributors

Stephanie L. Anderson, MD, JD , Research Assistant Professor, Department of Pediatrics, Bioethics Program, University of Miami School of Medicine, Miami, Florida, The Human Genome Project

George J. Annas, JD, MPH , Edward R. Utley Professor and Chair, Department of Health Law, Bioethics and Human Rights, School of Public Health, Boston University, Boston, Massachusetts, Legal Aspects of Bioterrorism

Richard R. Balsamo, MD, JD, FCLM , Corporate Medical Director, Unicare, Vice President, WellPoint Health Networks, Chicago, Illinois, Risk Management

Ellen Barker, MSN, APN, CNRN, CLCP, ABDA , President, Neuroscience Nursing Consultants, Greenville, Delaware, Life Care Planning: Ethical and Legal Issues

Joseph A. Barrette, JD , College of Law, Syracuse University, Syracuse, New York, Complementary and Alternative Medicine

Scott D. Batterman, PhD , Forensic Engineering Consultant, Batterman Engineering, LLC, Cherry Hill, New Jersey, Forensic Engineering

Steven C. Batterman, PhD , Professor Emeritus, School of Engineering and Applied Science and School of Medicine, University of Pennsylvania, Philadelphia, Pennsylvania, Forensic Engineering Consultant, Batterman Engineering, LLC, Cherry Hill, New Jersey, Forensic Engineering

Louis E. Baxter, Sr. , MD, FASAM , Assistant Clinical Professor of Medicine, University of Medicine and Dentistry, Newark, New Jersey, Executive Medical Director, Medical Society of New Jersey, Lawrenceville, New Jersey, Health Care Professional Impairment

David M. Benjamin, PhD, FCLM, FCP , Clinical Pharmacologist and Toxicologist, Chestnut Hill, Massachusetts, Medication Errors, Pharmacist Malpractice and Liability

Roy G. Beran, MD, FRACP, FRCP, FRACGP, FACLM, BLegS, MHL , Conjoint Associate Professor of Medicine, South Western Sydney Clinical School, University of New South Wales, Visiting Consultant Neurologist, Liverpool Hospital, Sydney, Australia, Principal of Strategic Health Evaluators (SHE), Chatswood, Sydney, Australia, President of the Australian College of Legal Medicine, Privacy, Drivers and the Law

Steven B. Bisbing, PsyD, JD, FCLM , Private Practice, Clinical and Forensic Psychology, Mental Health Consultation and Analysis, Inc., Takoma Park, Maryland, Competency and Capacity: A Primer

Marie M. Bismark, MB ChB, LLB, MBHL , Senior Solicitor, Buddle Findlay, Wellington, New Zealand, No-Fault Medical Malpractice System in New Zealand

Alvin L. Block, MD, JD, FACP, FCLM , Beard Road Medical Group, Internal Medicine, Hematology, Lecturer in Legal Medicine, Napa, California, Disclosure of Adverse Outcome and Apologizing to the Injured Patient

Max Douglas Brown, JD , Associate Professor, College of Health Sciences, Associate Professor (Conjoint Appointment), Rush University College of Medicine, Vice President and General Counsel, Office of Legal Affairs, Rush University Medical Center, Chicago, Illinois, Risk Management

John R. Carlisle, MD, LLB, FCLM , College of Physicians and Surgeons of Ontario, Toronto, Ontario, Canada, Ethics and Bioethics

David P. Cluchey, MA, JD , Associate Dean and Professor Law, University of Maine School of Law, Portland, Maine, Antitrust

Kevin J. Dalton, DFMS, LLM, PhD, FRCOG, FCLM , Department of Obstetrics and Gynaecology, and Legal Medicine, Addenbrookes Hospital, University of Cambridge, Cambridge, England, Physician Licensing and Disciplining in England and Europe

Edward David, MD, JD, FCLM , Deputy Chief Medical Examiner, State of Maine, Bangor, Maine, Antitrust

J.A. Devereux, BA, LLB, DPhil, Hon. FACLM , Professor of Law, T. C. Beirne School of Law, University of Queensland, St. Lucia, Australia, Privacy, Drivers and the Law

L. Jean Dunegan, MD, JD, FCLM , Diplomate, American Board of Surgery, Director, Ann Arbor Pain Consultants, Ann Arbor, Michigan, Director, Hillsdale Pain Center, Hillsdale, Michigan, The Law and the Relief of Pain: Pain Management

Jonathan Fanaroff, MD, JD, FCLM , Assistant Professor of Pediatrics, Case School of Medicine, Associate Director, Rainbow Center for Pediatric Ethics, Rainbow Babies and Childrens Hospital, Cleveland, Ohio, Legal Issues in Newborn Intensive Care

James A. Filkins, MD, JD, PhD, FCLM , Assistant Corporation Counsel, Department of Law, City of Chicago, Former Deputy Medical Examiner, Cook County, Illinois, Criminalization of Medical Negligence

Marvin H. Firestone, MD, JD, FCLM , President, Northern California Psychiatric Society, Distinguished Life Fellow of the American Psychiatric Association, Former Hirsch Professor of Healthcare Law and Ethics, George Washington University, Washington, D.C., Faculty and Lecturer, Psychiatric Residency Programs, Stanford University Hospital and San Mateo County Medical Center, Past President, American College of Legal Medicine, Private Practice, San Mateo, California,