Chapter 5 Flashcards
What is a living will?
A written, legal document that identifies treatments you want or do not want if you cannot speak for yourself due to terminal illness or a persistent vegetative state
What type of decisions does a living will typically apply to?
End-of-life decisions
What is a health care power of attorney?
A written, legal document that gives someone the authority to act on another’s behalf with regard to specific health care decisions
How does a health care power of attorney differ from a durable power of attorney?
A health care power of attorney is typically related only to health care decisions, while a durable power of attorney can relate to just about any matter
What does a comprehensive health care advance directive include?
Terms of a living will, a health care power of attorney, and any other directives, such as location of treatment or organ donation
Why is the comprehensive health care advance directive favored?
Because it is inclusive
Fill in the blank: A contract between a health care provider and a patient can be _______.
terminated
What is the most satisfactory outcome of a contract between a health care provider and a patient?
The health care provider treats the patient, the patient pays the required fee or co-payment, and both parties are satisfied.
How can a contract between a health care provider and a patient be terminated?
Through mutual agreement by the parties.
What obligation does a health care provider have when entering into a patient-provider relationship?
To attend to the case as long as it requires attention.
What must a health care provider provide if they intend to withdraw from a patient’s case?
Reasonable notice of their intention to withdraw.
What factors influence the reasonableness of notice when a provider withdraws from a case?
The patient’s condition, availability of other competent providers, manner of notice, and the patient’s educational and economic status.
What happens if a patient discharges a health care provider while still needing medical attention?
The responsibility lies with the health care provider to confirm discharge to avoid abandonment charges.
What method is typically used by health care providers to confirm a patient’s discharge?
A letter sent by certified mail.
True or False: A health care provider can terminate a patient without any notice.
False.
Fill in the blank: A health care provider’s termination of a patient should be provided by written notice sent by _______.
[certified mail, return receipt requested]
What action might a health care provider take if a patient does not keep an appointment?
Send a confirmation of discharge using certified mail.
What is a breach of contract?
A breach of contract occurs when one party does not keep a promise by not performing, not paying for services, not keeping to schedule, or not doing the procedure as agreed.
What are examples of breach of contract in the practice of medicine?
Examples include:
* Patient not paying the health care provider’s bill
* Health care provider failing to cure the patient after making a warranty
What liability does a health care provider incur if a promised cure does not take place?
The health care provider becomes liable for breach of contract regardless of whether there was negligence.
What is the objective of the court when a breach of contract is determined?
The objective is to make the nonbreaching party whole.
How does the court typically accomplish making the nonbreaching party whole?
By awarding monetary damages in an amount sufficient to offset the losses incurred.
What factors influence the amount of damages awarded in a breach of contract case?
The amount of damages varies greatly based upon the facts and the relevant state law.
What does it mean to abandon a patient?
It means the health care provider completely deserts the patient and indicates the intention to terminate the contractual relationship before obligations are complete.
Can a health care provider withdraw from a case for nonpayment of fees?
Yes, but the provider is liable for abandonment if proper termination procedures are not followed or if the patient continues to need services.
What remains contractual in nature between health care provider and patient?
The relationship between health care provider and patient
