Michael Scally, MD - Mission Statement

[Millard Baker]

Mission Statement

The mission of Michael C. Scally is to protect the rights, privacy, and welfare of individuals in receiving medical care. The mission of the Michael C. Scally is to serve the people of Texas and the world through preeminence in creating, communicating, preserving and applying knowledge, art, and academic values that will challenge the present and enrich the future. Michael C. Scally is guided by the ethical principles set forth in the report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research entitled Ethical Principles and Guidelines for the Protection of Human Subjects Research (the "Belmont Report"). These ethical principles are:

• Respect for Persons - Respect for persons requires that medical care be designed to promote personal capacity to consider alternatives, make choices, and act without undue influence or interference of others.
• Beneficence - Beneficence entails an obligation to protect individuals from harm. The principle can be expressed in two general rules: (1) do no harm; and (2) protect from harm by maximizing possible benefits and minimizing possible risks of harm.
• Justice - Justice requires fairness in distribution of burdens and benefits. The principle often is expressed in terms of treating persons of similar circumstances or characteristics similarly.

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Writings

The opinions, representations, & recommendations of Michael C. Scally adhere to the following principles.

• Authority - All medical information presented will be attributed to an author and his/her training in the field documented.
• Complementarity - The information provided is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing physician.
• Confidentiality - Confidentiality of data relating to individual patients and visitors to a medical/health Web site, including their identity, is respected by Michael C. Scally.
• Attribution - Where appropriate, information contained will be supported by clear references to peer-reviewed medical and scientific literature, available source data and, where possible, have specific HTML links to that data.
• Justifiability - Any claims relating to the benefits/performance of a specific treatment, commercial product or service will be supported by appropriate, balanced evidence in the manner outlined above in Principle 4.
• Transparency of authorship - Michael C. Scally will seek to provide information in the clearest possible manner and provide contact addresses for visitors that seek further information or support.
• Transparency of sponsorship - Support for Michael C. Scally will be clearly identified, including the identities of commercial and non-commercial organizations that have contributed funding, services or material. Michael C. Scally receives remuneration as a moderator and authorship of one article/month from Mesomorphosis.com. Michael C. Scally receives no other sources of sponsorship.
• Honesty in advertising & editorial policy - If advertising is a source of funding it will be clearly stated. Michael C. Scally receives no funding from advertising of any type or source. Michael C. Scally does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned or referenced.

Conflicts Of Interest

It is essential that the work used in the development of reports not be compromised by any significant conflict of interest. For this purpose, the term "conflict of interest" means any financial or other interest which conflicts with the service of the individual because it (1) could significantly impair the individual's objectivity or (2) could create an unfair competitive advantage for any person or organization.

General Principles

The term "conflict of interest" means something more than individual bias. There must be an interest, ordinarily financial, that could be directly affected by the work of the committee. Conflict of interest requirements are objective and prophylactic. They are not an assessment of one's actual behavior or character, one's ability to act objectively despite the conflicting interest, or one's relative insensitivity to particular dollar amounts of specific assets because of one's personal wealth. Conflict of interest requirements are objective standards designed to eliminate certain specific, potentially compromising situations from arising, and thereby to protect the individual, the other members of the committee, the institution, and the public interest. The individual, the committee, and the institution should not be placed in a situation where others could reasonably question, and perhaps discount or dismiss, the work of the committee simply because of the existence of such conflicting interests.

The term "conflict of interest" applies only to current interests. It does not apply to past interests that have expired, no longer exist, and cannot reasonably affect current behavior. Nor does it apply to possible interests that may arise in the future but do not currently exist, because such future interests are inherently speculative and uncertain. For example, a pending formal or informal application for a particular job is a current interest, but the mere possibility that one might apply for such a job in the future is not a current interest.

The term "conflict of interest" applies not only to the personal financial interests of the individual but also to the interests of others with whom the individual has substantial common financial interests if these interests are relevant to the functions to be performed. Thus, in assessing an individual's potential conflicts of interest, consideration must be given not only to the interests of the individual but also to the interests of the individual's spouse and minor children, the individual's employer, the individual's business partners, and others with whom the individual has substantial common financial interests. Consideration must also be given to the interests of those for whom one is acting in a fiduciary or similar capacity (e.g., being an officer or director of a corporation, whether profit or nonprofit, or serving as a trustee).

Copyright © Michael C. Scally. All rights reserved.

Unless otherwise indicated, all authored materials are copyrighted by Michael C. Scally. All rights reserved. No part of authored material, either text or image may be used for any purpose other than personal use only. Therefore, reproduction, redistribution, modification, or storage in a retrieval system or retransmission, in any form whether in part or in its entirety by any means, electronic, mechanical or otherwise, for reasons other than personal use, is strictly prohibited without the express written permission of Michael C. Scally. All information permitted to be reproduced or downloaded must include the following copyright notice: © 2006 Michael C. Scally. All Rights Reserved. Information for contacting Michael C. Scally is available under the heading Contact Information.


Offensive Material

Material of Michael C. Scally may contain health-or medical-related materials that are sexually explicit or otherwise offensive. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an "as is" basis. Michael C. Scally accepts no responsibility for such materials.


Hyperlinks

Michael C. Scally provides links to outside sources as a courtesy; however, Michael C. Scally is not responsible for information on other web sites. Every effort is made to assure each web site is accurate and timely, we cannot guarantee accuracy of the contents. Michael C. Scally does not endorse nor make any representation regarding such third-party sites, their information, services, or merchandise.


Privacy Statement

Michael C. Scallyis committed to protecting the privacy web sites users and has adopted this privacy statement to govern conduct and document the commitment to privacy. Michael C. Scallydoes not request or collect any information that personally identifies you or allows you to be personally contacted unless you affirmatively provide express direct authorization for the collection and/or use of such information. If you expressly and affirmatively provide any personal information, the information will not be shared with any other party. Contact is made only upon your request.


Confidentiality Statements

Messages posted to some areas of the Web site are not private. If you post a message, anyone may have access to the message and read it, and your e-mail address becomes available to anyone who browses or uses the message area. Please keep in mind that the Michael C. Scallycannot control who sends you e-mail as a result of postings.
Communication will contain the following statements.

Confidentiality Notice: This [electronic transmission], and any documents, files, or previous [electronic] messages attached to it, may contain confidential information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this [electronic message] in error, please immediately notify us by reply [message] or by telephone at (281) 493-4817, and destroy the original transmission and its attachments without reading them or saving them to disk.


Medical Disclaimer

Informational & Educational

The contents of materials by Michael C. Scally, such as text, graphics, images, and other material contained within Michael C. Scally ("Content") is provided for educational and informational purposes only, and is not intended to be a substitute for a health care provider's consultation. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Michael C. Scally has attempted to provide the most current and accurate clinical information according to accepted medical practice standards at the time of publication. The information should not be considered to be completely error-free or to include all relevant information; nor should it be used as an exclusive basis for decision-making. Also note that while the Michael C. Scally frequently updates its contents, medical information changes rapidly. Therefore, some information may be out of date or even possibly inaccurate and erroneous. If you find information that you believe is in error, please let us know.

Michael C. Scally in the preparation of this work and the programs contained herein, warrant that the information is accurate or complete and is not responsible for any errors or omissions or for the results obtained from the use of such information. Michael C. Scally reserves the right to change or discontinue at any time any aspect or feature of this site.

You are encouraged to confer with your doctor or consult other sources and confirm the information with regard to information contained on or through Michael C. Scally. After reading articles or other Content from Michael C. Scally, you are encouraged to review the information carefully with your professional healthcare provider. Use of the information is strictly voluntary and at the user's sole risk. If misleading or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to correct or delete it. Concerns or any other questions or problems should be sent to the address below.


Medical Diagnosis & Treatment

Michael C. Scally does not provide medical advice, diagnosis or treatment. Please consult your own physician or appropriate health care provider about the applicability of any opinions or recommendations with respect to your own symptoms or medical conditions as these diseases commonly present with variable signs and symptoms. The information by Michael C. Scally should not be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from Michael C. Scally is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.

Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read by Michael C. Scally.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ BY MICHAEL C. SCALLY. NEVER RELY ON INFORMATION BY MICHAEL C. SCALLY IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.


Emergency

If you think you may have a medical emergency, call your doctor or 911 immediately. Michael C. Scally does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Michael C. Scally, others appearing on the Site at the invitation of Michael C. Scally, or other visitors to the Site is solely at your own risk.


Liability

Michael C. Scally assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Any opinions expressed are the opinions of the authors. Michael C. Scally does not assume any liability for the contents of any material provided on the WebSite.

MICHAEL C. SCALLY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED BY MICHAEL C. SCALLY OR ON THIS WEB SITE IS SOLELY AT YOUR OWN RISK.


More Information

If you would like further information about your privacy rights, are concerned that your privacy rights have been violated, or disagree with a decision that we made about access to your health information please use contact information below. General inquiries may be directed by email.


Complaints

All complaints will be investigated and will not penalize or treat you any differently for filing a complaint. A copy of the final report will be provided to you at no cost.


Contact Information

Michael C. Scally
8707 Katy Freeway
Suite C
Houston, Texas 77024
(281) 493-4817
mscally@asih.net


Email Practices

Email of PHI via email must be done by a secure encryption procedure approved by Michael C. Scally.

Limit the PHI contained in the email to the minimum necessary to accomplish the purpose of the communication.

Prior to emailing PHI to or from an individual: The individual's consent prior to communicating PHI with him or her even if the individual initiated the correspondence; and Clearly communicate to the individual the risks and limitations associated with using email for communications of PHI.

Emailing to a non-health care provider third party, consent of the individual who is the subject of the PHI will be obtained.

Email will not be done of PHI to a group distribution list unless individuals have consented to such method of communication.

In the subject heading, patient names, identifiers or other specifics will not be used, the use of a confidentiality banner such as "This is a confidential medical communication" may be present.

Email stationary will include the following confidentiality statement:

Confidentiality Notice: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail or by telephone at (XXX) XXX-XXXX, and destroy the original transmission and its attachments without reading them or saving them to disk.

Email Risks

Michael C. Scally shall be referred to throughout this consent as “Provider.” Provider offers individuals the opportunity to communicate by email. Transmitting individual information by email, however, has a number of risks that individuals should consider before using email to communicate with the Provider. These include, but are not limited to, the following risks:

• Email can be circulated, forwarded, and stored in numerous paper and electronic files.
• Email can be immediately broadcast worldwide and be received by unintended recipients.
• Email senders can easily type in the wrong email address.
• Email is easier to falsify than handwritten or signed documents.
• Backup copies of email may exist even after the sender or the recipient has deleted his or her copy.
• Employers and on-line services have a right to archive and inspect emails transmitted through their systems.
• Email can be intercepted, altered, forwarded, or used without authorization or detection.
• Email can be used to introduce viruses into computer systems.
• Email can be used as evidence in court.

Email Use Conditions

Provider will use reasonable means to protect the security and confidentiality of email information sent and received. However, because of the risks outlined above, Provider cannot guarantee the security and confidentiality of email communication, and will not be liable for improper disclosure of confidential information that is not caused by Provider’s intentional misconduct. Thus, the individuals must consent to the use of email for individual information. Consent to the use of email includes agreement with the following conditions:

• Provider will not, however, forward emails to independent third parties without the individual’s prior written consent, except as authorized or required by law.
• Provider shall confirm when an email from the individual has been received and read. However, the individual shall not use email for medical emergencies, urgent problems or other time sensitive matters.
• If the individual’s email requires or invites a response from Provider, and the individual has not received a response within a reasonable time period, it is the individual’s responsibility to follow up to determine whether the intended recipient received the email and when the recipient will respond.
• The individual should not use email for communication regarding sensitive medical information, such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
• The individual is responsible for informing Provider of any types of information the individual does not want to be sent by email.
• The individual is responsible for protecting his/her password or other means of access to email. Provider is not liable for breaches of confidentiality caused by the individual or any third party.
• Provider shall not engage in email communication that is unlawful.
• It is the individual’s responsibility to follow up and/or schedule communications.

Individual Responsibilities And Instructions

To communicate by email, the individual shall:

• Limit or avoid use of his/her employer’s computer.
• Inform Provider of changes in his/her email address.
• Confirm that he/she has received and read the email from the Provider.
• Put the individual’s name in the body of the email.
• Review the email to make sure it is clear and that all relevant information is provided before sending to Provider.
• Take precautions to preserve the confidentiality of email, such as using screen savers and safeguarding his/her computer password.
• Withdraw consent only by confirmed email or written communication to Provider.

Alternate Forms Of Communication

I understand that I may also communicate with the Provider via telephone or during a scheduled appointment and that the email is not a substitute for the care that may be provided during an office visit. Appointments should be made to discuss any new issues as well as any sensitive medical information.

Agreed Email Transmissions By Individual

If you are not sure if the issue you wish to discuss should be included in an email, inquiry should be made regarding the category type or description without PHI.

Provider’s Security Measures

Communicating via email does come with privacy risk. Provider cannot guarantee total confidentiality; the Provider has and will use reasonable safeguards to protect your information. The security measures taken by the Provider include password protected screen savers, policies and procedures, and use of PKI.

Hold Harmless

I agree to indemnify and hold harmless the Provider, Michael C. Scally, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, relating to or arising from any information loss due to technical failure, use of the internet to communicate with the Provider or the use of Provider’s WebSite, any arrangements made based on information obtained at the WebSite, any products or services obtained through the Site, and any breach by me of these restrictions and conditions. The Provider does not warrant that the functions contained in any materials provided will be uninterrupted or error-free, that defects will be corrected, or that the Provider’s WebSite or server that makes such site available is free of viruses or other harmful components.

Email Relationship Termination

The Provider shall have the right to immediately terminate the e-mail relationship with you if he/she determines, in his/her sole discretion, that you have violated the terms and conditions set forth above or otherwise breached this agreement, or have engaged in conduct which the Provider determines, in his/her sole discretion, to be unacceptable. The e-mail relationship between the Provider and the individual will terminate in the event the Provider, in his/her sole discretion, no longer wishes to utilize the e-mail to communicate with all of his/her individuals.

Email Forwarding

I understand that there may be times in which the Provider must forward the information I have provided via e-mail to a third party for treatment, billing and payment purposes. I expressly provide my consent to allow the Provider to forward these e-mails to a third party under these conditions and evidence my consent by placing my initials below:
XXXXXX (please initial if you agree)

Individual Acknowledgement & Agreement

I have discussed with the Provider or his/her representative and I acknowledge that I have read and fully understand this consent form. I understand the risks associated with the communication of email between the Provider and me, and consent to the conditions herein. In addition, I agree to the instructions outlined herein, as well as any other instructions that Provider may impose to communicate with individuals by email. Any questions I may have had were answered.

Individual signature/Date