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
Who is generally responsible for payment when a patient receives treatment?
The patient receiving treatment
In what circumstances can someone other than the patient be responsible for payment?
In the care of minor children and incompetent persons
Who is responsible for payment in the case of minor children?
The parent or legal guardian
What legal limitation do minors have regarding contracts?
Minors lack the legal capacity to contract without a parent or guardian’s permission
What is the state’s interest in protecting minors in contract situations?
To protect minors from the consequences of their unknowing acts
What happens when a minor contracts for basic necessities?
The policy of protection from unknowing acts is not urgent
When will a court generally uphold an implied contract involving a minor?
When medical care is considered a necessity
What should you check if a divorce order does not identify who pays for a child’s health care?
Check if your office has a protocol in place that provides guidance
What details should be identified in a divorce order regarding medical expenses?
Who is responsible for payment of medical expenses including co-pay, pre-pay, co-insurance, self-pay, and prescriptions
What should you do if one or both divorced parents have health insurance?
Work with the health insurance plan administrators to determine which policies cover the child and in what order
What must a health care provider do if they terminate the relationship with a patient?
Make further provisions for the care of the patient
Failure to do so can result in the provider being found to have abandoned the patient.
What are contracts that are not performed according to agreement termed?
Breeched
A breach of contract occurs when one party fails to fulfill their obligations.
What is a common remedy for a breach of contract in the medical field?
Monetary damages
This is typically the most common form of compensation for breaches.
True or False: Interacting with patients regarding payment issues requires professionalism.
True
Professionalism is crucial in discussions about financial matters.
What is one suggested activity related to health care directives?
Find an advance health care directive applicable to your state
Understand how to complete it based on state regulations.
What should you identify in your personal life related to contracts?
Various contracts encountered
Include the last contract you signed and any signed on behalf of others.
What is the age of majority in your state?
_____
This varies by state and is important for legal contexts.
What is a question you might research regarding state statutes?
Whether health care providers are deemed debt collectors under federal statute
This pertains to collections practices within the state.
Give an example of implied consent to medical treatment in a hospital emergency room situation.
_____
Implied consent may occur when a patient is unconscious and requires urgent care.
Give an example of express consent to medical treatment.
_____
Express consent occurs when a patient verbally agrees to a procedure after being informed.
What must a health care provider provide to a patient before a surgery like a hysterectomy?
Informed consent regarding the procedure
Patients must be fully aware of the implications and risks involved.
What is an advance directive?
A document signed and witnessed according to state statute authorizing one person to make decisions for another, including the authorization or refusal of medical treatment.
True or False: An advance directive can only authorize medical treatment.
False
Fill in the blank: An advance directive authorizes one person to make decisions for another, including the _______ or refusal of medical treatment.
[authorization]
What must be done for an advance directive to be valid?
It must be signed and witnessed according to state statute.
What is required for the execution of an advance directive?
Signed and witnessed according to state statute.
What is an offer?
A proposal to perform or refrain from a certain action.
What is acceptance in contract law?
An agreement to the terms of an offer.
Define consideration in the context of contracts.
Something promised that results in making an agreement a lawful, enforceable contract.
What is a contract?
A voluntary agreement, written or unwritten, between two parties that creates an obligation to do or not to do something.
What is an express contract?
An explicit agreement between two or more parties.
Define implied contract.
An agreement not indicated by direct words but evident from the conduct of the parties.
What does legal capacity refer to?
A person’s ability to enter into contracts.
What does breach mean in contract terms?
To act contrary to a contractual provision.
Fill in the blank: A contract that establishes a relationship between a patient and a health care provider is called a _______.
patient-provider contract.
In contract law, what is required for a contract to be enforceable?
An offer, acceptance, and consideration.
True or False: A contract can only be written.
False.
What is a breach of contract?
Failure to perform one or more contractual obligations.
What types of entities can enter into contracts in health care?
Hospitals, nursing homes, and patients.
Fill in the blank: Contracts require _______ from both parties.
reciprocity.
