Chapter 4 Notes Flashcards
Legal Concepts in Health Care and Contracts
What is the basis of law rooted in?
Societal norms and values that evolve over time.
What are the primary sources of law?
- Constitutions
- Statutes
- Regulations
- Case law
What is the role of constitutions in law?
Provide the fundamental principles and framework for governance.
What are statutes?
Laws enacted by legislative bodies.
What are regulations?
Rules made by administrative agencies to enforce statutes.
What is case law?
Established through judicial decisions in court cases.
What historical context has shaped the legal landscape?
The development of common law and civil law systems.
What is public law?
Governing relationships between individuals and the state.
What is private law?
Governing relationships between individuals.
Name subcategories of public law.
- Criminal law
- Administrative law
- Constitutional law
Name subcategories of private law.
- Contract law
- Tort law
- Property law
What does criminal law address?
Offenses against the state.
What is tort law concerned with?
Civil wrongs and damages.
What is a tort?
A civil wrong that causes harm or loss to another person.
What are the classifications of torts?
- Intentional torts
- Negligence
- Strict liability
What is negligence in healthcare?
Liability for failing to meet the standard of care.
What are the four essential elements of negligence?
- Duty
- Breach
- Causation
- Damages
What is required to prove negligence in a healthcare setting?
Establishing the standard of care and proving negligence.
What are the essential elements of a valid contract?
- Offer
- Acceptance
- Consideration
- Mutual consent
What is an expressed contract?
A contract explicitly stated in written or spoken words.
What is an implied contract?
A contract formed by the actions or conduct of the parties involved.
What rights do physicians have in healthcare contracts?
- Right to receive payment
- Right to make decisions regarding patient care
What rights do patients have in healthcare contracts?
Right to informed consent.
What responsibilities do physicians have?
- Provide competent care
- Maintain patient confidentiality
- Communicate effectively
What responsibilities do patients have?
- Provide accurate medical history
- Follow treatment plans
- Communicate concerns
What can breach of responsibilities lead to in healthcare?
Legal consequences, including malpractice claims.
Fill in the blank: A tort is a _______.
[civil wrong that causes harm or loss to another person]
True or False: Regulations are made by legislative bodies.
False
