Can a Wife With Dementia Consent to Sex With Her Husband?
Consent is intertwined with all aspects of medical care. A patient must give consent before undergoing treatment by a physician. If the patient presents emergently (in the absence of an advance directive) and cannot signal consent, our laws presume consent – namely a reasonable person … Read more
Selective Breeding in Humans – A Slippery Slope? Nah.
October 26th, 60 Minutes featured a segment on selective breeding in humans. The story focused on Genesis Genetics, a company which developed the technology for identifying those embryos within a larger set which have defective genes. Once identified, the family can choose the other “disease-free” … Read more
Steamed About a $15 Copay For Medication. Try $400,000 For Some Drugs.
The genomics revolution is here. We are accumulating new information almost daily about how our genes cause various diseases. More importantly, the door is opening to new treatments. As we fine tune our diagnostic capabilities, we are discovering small groups of individuals who can be … Read more
Definition of Disability. It Depends What the Meaning Of “Is” Is.
Ever heard of the name Gary Muhrcke? He won the first NYC marathon in 1970. He was also a firefighter. He injured his back in a burning building and was retired with ¾ disability pension. In 1975, he started running again. He said he … Read more
Refusing to Treat Patients – When You Want Distance From a Patient’s Infection, Morality, and Politics – Part 2
We return to our discussion of can you refuse to treat a patient. 2. Moral opposition to a treatment The analysis again starts with the contractual nature of the physician-patient relationship. The patient seeks care and the doctor agrees to provide it. In that idealized … Read more
Word to the Wise. Not All Subpoenas to Doctors Are the Same.
Doctors receive subpoenas all the time. Lawyers send subpoenas for medical records when their client has been injured in a fender-bender; is seeking money from worker’s compensation; and when suing a doctor for negligence. In each of these cases, the lawyer is seeking the medical … Read more
Refusing to Treat Patients – When You Want Distance From a Patient’s Infection, Morality, and Politics – Part 1
Can you refuse to treat a patient? The simple answer is “Yes – of course.” But, when it comes to the law, there are layers to that answer.
How to Avoid Being Burned as an Employer
I’ve spoken with several doctors over the past couple of months. All were dragged into litigation related to their role as an employer. They were being sued by ex-employees. The allegations varied – sexual harassment; improper termination; discrimination. In 2011, the Equal Employment Opportunity … Read more
What Do You Do When Your Patient Is Sporting a Swastika Tattoo?
Any physician who has spent time taking care of trauma patients has been cursed at, spit at, and more. If you are a woman or member of racial or ethnic minority, some patients have belittled you. If you are from another country and speak with … Read more
Not Your Everyday Informed Consent Issues
It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on … Read more
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