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Law and the Physician—A Practical Guide
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First edition. Edward P. Richards III, and Katharine C. Rathbun. 550 pages. Boston: Little, Brown and Company; 1994. $35.00.
Legal conflict has become inseparable from medical practice. The nature and frequency of physicians' interaction with the legal system continues to expand in modern society and will undoubtedly multiply in future years. Although there is no dearth of textbooks and various other publications to address the legal aspects of medical care, few books are written for the clinical practitioner that provide practical, down-to-earth information applicable to current medical practice. Law and the Physician—A Practical Guide is a refreshing treatise for the practicing clinician. It is written in plain English from a medical, rather than a legal, frame of reference and adopts a preventive-law approach. It is not an academic treatise, although extensive bibliographies follow most chapters. It can be used as a reference, although it is intended to be read as a whole.
The premise of this new entry into the medical-legal library is that physicians, with their detailed knowledge of medical practice, can learn enough law to recognize and avoid legal conflicts without requiring the advice of a lawyer. It is thoughtfully organized into six major sections, involving the interaction of physicians with 1) lawyers, 2) patients, 3) medical personnel, 4) public health personnel, 5) the family, and 6) special practice areas. It is the only introductory text of which I am aware that addresses such practical and important aspects of medical care as one chapter titled, "Institutional Practice; Teams, Schools, and Prisons" or another that confronts the occupational aspects of the Americans for Disabilities Act. Yet another chapter is devoted to Occupational Safety and Health Administration (OSHA) rules. Traditional topics such as informed consent, peer review, and access to emergency care are covered in depth, and the text provides a complete and well-written introduction to the American legal system and civil litigation. There is a glossary of legal terms and an extensive index for cross-reference.
What is unique about this practical paperback is an attempt to put legal precedent into a historical perspective and to explain the nuances of the legal system to physicians. The guide is written by an attorney and a physician and does not suffer from the often inconsistent writing styles of a multiauthor text. Overall, I found the writing clear and succinct and the analysis of legal principles accurate and easily understandable. This is the best book of its type that I have seen, and I heartily recommend it to every practicing clinician who has concerns about his or her liability and who desires a better understanding of the medical community's interaction with the legal system.
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