Unit 1: Contracts

Question 1

Can a physician be liable for the care of a patient that they have never met?

Answer 1

Yes.
- telehealth
- PA’s work
- Media announcement
- Patalogists viewing scans/tests without never meeting them

Question 2

Contract Law

Answer 2

Focuses on agreements betwn parties

Question 3

Tort Law

Answer 3

Focuses on unintentional or intentional wrongs
committed by one party against another.

Question 4

Unintentional torts are referred to as…

Answer 4

negligence

Question 5

Wrongs can be committed against (3)

Answer 5

• a person
• personal property
• real property

Question 6

Liability

Answer 6

a legal responsibility for one’s acts
or omissions

Question 7

Cause of action

Answer 7

basis of a lawsuit

Question 8

Medical malpractice and liability can
arise from. …

Answer 8

breach of contract and/or tort offense

Question 9

Contract

Answer 9

a legally enforceable agreement

Question 10

Competency

Answer 10

legal and mental capacity

Question 11

Valid offer

Answer 11

promise to do/not do something if the other
party agrees to do/not do something)

Question 12

Consideration

Answer 12

what each party will receive from the other in
return for performing the obligations in the contract

Question 13

Breach of contract

Answer 13

Basis of a lawsuit in which one or more terms
of a contract is/are violated

Question 14

Elements of a Contract (4)

Answer 14

1. parties competent
2. meeting of minds
3. consideration
4. must not be illegal

Question 15

breaches of contract have a time limit?

Answer 15

yes, cannot sue people 30 yrs after the fact

Question 16

Fraud

Answer 16

Based on misleading info

Question 17

Mistake of fact

Answer 17

If both parties relied on a mistake

Question 18

Duress

Answer 18

If unlawful threats or pressure was used to force a
contract to be executed

Question 19

Illegality

Answer 19

If a contract was for illegal purpose

Question 20

Impossibility

Answer 20

If the contract required acts that were impossible
to perform

Question 21

Types of illegal contracts (2)

Answer 21

1. Exculpatory
2. Adhesion

Question 22

Exculpatory contracts

Answer 22

Contain clauses that excuse a pt for potential liability; pt waive right to sue in advance of an event

• tried to avoid them in healthcare

Question 23

Adhesion contracts

Answer 23

Unequal bargaining power

• Weaker party is forced to agree to unfavorable terms
• Depends on the stronger party’s services

Question 24

____ are designed to make the injured party whole in the event that a contract is berached

Answer 24

Remedies

Question 25

Injunction

Answer 25

Order to stop an activity (i.e. outcome of a breach of contract)

Question 26

Hold harmless/indemnification clauses

Answer 26

Indemnitor agrees to hold the other
party harmless for their own actions or inactions

OR

parties agree to hold each other harmless

Question 27

Who is the indemnior?

Answer 27

Person assuming liability

Question 28

Warranties

Answer 28

Relate to the quality of goods or services purchased or leased

Question 29

What is boilerplate language?

Answer 29

Standard terms are thrown in every contract

Question 30

Name the term:

Defense doctrine that companies have a duty to warn consumers about potential adverse effects of their products

Answer 30

Learned intermediary

Question 31

Each spell of illness = _____

Answer 31

new contract

Question 32

Noncompete Covenant

Answer 32

Limits contracted physician’s ability
to practice outside the group for a
time or within a certain area

Question 33

AMA

Answer 33

against medical advice

Question 34

Obligation to treat does not arise until ……

Answer 34

there is a physician-patient relationship

Question 35

Oliver v. Brock Case

Answer 35

• Dr. Whitfield calls Dr. Brock for casual advice
• Dr. Brock gives advice; leads to bad pt outcome
• pt sued both doctors
• court claimed if no established relationship btwn pt and Brock

Question 36

Is direct contract needed for breach of contract?

Answer 36

No if they are tasked to the pt care (i.e. pathologist)

Question 37

True or false:

Failure of the patient to follow the provider’s exact orders may excuse the provider from any liability

Answer 37

True (in cases of non-compliant)

Question 38

Abandonment

Answer 38

Type of medical negligence that occurs when a healthcare provider improperly terminates the dr/patient relationship

Question 39

Tarasoff v. Regents of the University of California

Answer 39

psychiatrist duty to inform individual of a threat made by a patient

Question 40

Reasons to terminate phys-pt relationship (4)

Answer 40

1. pt dies
2. mutually agree to end relationship
3. pt finds new phys
4. phys dismisses pt

Question 41

How can a physician avoid claims of abandonment?

Answer 41

• avoid abrupt termination
• giving pt time to secure another provider
• cooperating in sharing relevant info w new provider

Question 42

Norton v. Hamilton

Answer 42

provider withdre care for women in labor w/out time to find substitute care

Question 43

Johnson v. Vaughn

Answer 43

• pt w gunshot
• phys was drunk and refused to let 2nd doc handle the care
• eventually agrees, delay in care –> pt dies

Question 44

Alexandridis v. Jewett

Answer 44

• pt baby delivered by resident bc doc could not arrive in time
• pt was injured

Question 45

Stewart v. Rudner

Answer 45

• doc breach of contract for changing procedure from agreed c-section
• pt had issues delivering baby vaginally
• baby stillborn