Contracts Flashcards
define DOCTOR-PATIENT CONTRACT
relationship between provider & pt
what are the 3 components of doctor-patient contract?
offer, acceptance, & consideration
what is the offer in the doctor-pt contract?
provider offering services
what is the acceptance in the doctor-pt contract?
pt scheduling appt
what is the consideration in the doctor-pt contract?
pt has insurance & will pay copay
define EXPRESS CONSENT
pt directly communicates to doctor through signing of papers & oral/verbal communication
define IMPLIED CONSENT
assumes unconscious pt consents to emergency care if they were conscious only used in absence of express consent & never overrules explicit rejection; also when pt accepts without saying anything (ex: opens mouth for strep test)
What capacity is required to enter doctor-pt contract?
- age of majority determined by state
- emancipated minor
- not victim of legal disability
define LEGAL DISABILITY
mentally incompetent/under influence of drugs
t/f: providers cannot treat kids w/o parental consent if injury non life threatening
true
define COMPETENCE
legal judgment
define CAPACITY
clinical judgment
if someone is incompetent what can they not do?
give informed consent and refuse care
what can make someone incompetent
age, disability, or under influence
in what case can a parent not refuse care for their child
if it is life-threatening
what causes a child to become emancipated?
marriage, joining military, obtaining court order
describe MATURE MINOR
unemancipated minor deemed to have intelligence & maturity to make decisions regarding age limits, mental health services, STD services, & medical treatment
how is a mature minor determined?
state & questions from provider
what is the stipulation with oral contracts
subject to statutory & common law interpretations
list circumstances of how to terminate pt-provider relationships
- mutual consent of pt & doctor
- pt dismissing doctor
- changed circumstance where care no longer needed
- provider withdrew from relationship giving pt written notice & reasonable time to find new provider
when are providers compelled to provide care?
- pt has HIV
- pt sued provider for malpractice & not enough time to tell doctor to find new doctor
- relationship w/pt not continuous
- abandonment could constitute criminal act
