CHAPT 5 WHAT MAKES A CONTRACT Flashcards
Contracts in general
- Doctor-patient relationship is contractual
- Person making the appt. is the doctor’s agent in forming a contract
Elements of a Contract
- Offer
- Acceptance
- Consideration
- Mutual agreement
Consideration
“fee for service”
- fee is the cost to the patient for the physicians services
- service is the cost to the physician for the patients fee
Mutual agreement
- clear understanding between the parties
- both party who makes offer and one who accepts must be thinking and saying the same thing
Types of Contracts
- Implied: are contractual obligations by some action or inaction w/o verbally expressed terms
- Express: are actual agreement between the parties, the terms which are openly stated in district and explicit language either orally or in writing
Capacity of parties:
- Minors
- Incompetent persons
- Indiv. under the influence of a drug that alters their mental state
- Persons under duress
- Persons under undue influence
a person with a legal disability cannot form a contract bc a contract cannot be made by or enforced against a person who does not have the legal capacity for mutual assent
Minors
“a minor is any person under the age of majority in that state”
- medical practitioners are liable for assault and battery of a minor w/o the consent of the parents or guardian
- Physicians are not liable for treating minors w/o the consent when a medical emergency exists, and it is dangerous to delay the treatment in order to obtain the consent
Emancipated minors
“a person can become emancipated from legal restrictions of being a minor by:
- Marrying
- Becoming a parent
- Joining armed forces
- Living away from home
Statutory adults
minors at the age of 14 for the purpose of receiving medical care
is regard as similar to an adult for the purposes of consent, privacy, confidentiality, and access to medical records while parents may still be financially responsible for the cost of care
Mature minors
a non emancipated minor in mid to late teens who has the intelligence and emotional maturity to be able to grasp the info necessary to make an informed decision
Constitutional law issues
- minors are persons and as such enjoy rights that belong to everyone from birth
- right of privacy is fundamental in medical matters
Medical incompetance
exists when a party to a contract not understand the nature and consequences of contract at time that it is formed
Undue influence
Ex: When the physician uses the influential position to form an agreement that is more beneficial to the physician than to the patient, this physician is using undue influence
occurs when one party in a contract improperly uses personal power over the other to cause actions not in the second party’s best interest
Agency
- Principal (Employer)
- Agent (Employee)
when a person agrees to work for and under the direction or control of another, a principal-agent relationship is created
Termination of Contracts
A contract between a physician and a patient can be terminated in several ways:
-The parties must provide reasonable notice of the physician’s intention to withdraw
