Medical Care Law

Chapter 6 - The Law And Lawyers

Highlights

Health care practitioners have many legal relationships.

The attorney-client relationship is fundamentally different from the physician-patient relationship.

Few attorneys are experts in all aspects of medical care law.

Health care practitioners must learn to be active participants in managing their own legal problems.

Legal clients must request preventive law if they want more than symptomatic treatment for their legal problems.

Introduction

Legal Relationships

The State

Patients

Other Practitioners

Physician-Owned Businesses

Corporate Employers and Institutions

Working With Lawyers

Clash Of Cultures

Paternalism in Medicine

Attorneys and Autonomy

Legal Education

The Limitations of Legal Education

Pitfalls in On-the-Job Legal Education

Choosing an Attorney

How To Approach The Law And Lawyers

Preventive Law

The Hazards of Ignoring Legal Risks

Conflicts Of Interest

Doing Business with Your Clients

Conflicts with Other Clients

Medical Malpractice Defense

In-House Counsel

Paying For Legal Services

Legal Bills

Chronological Billing

Legal Practice Styles

Being An Effective Client

Preventive Law And Compliance

Undetected Legal Problems

Legally Risky Situations

Potential Future Risks

Remedying Problems

Confidentiality And Legal Privilege

Attorney Independence

Attorney-Client Privilege

Attorney Work Product Doctrine

Attorney as Witness

Protecting Investigations

Preserving Physical Evidence

Conclusions

Reference

Suggested Readings