Doctor Patient Relationship Flashcards
Statutes
laws adopted by legislative bodies (congress and state legislatures)
What is “the law”?
Statutes,regulations, and common laws
Regulations
rules adopted by administrative agencies (e.g. Center for Medicare/Medicaid,l American Board of Optometry)
Common law (“case law)
law derived from court cases
Dual Legal Jurisdications are
federal and state jurisdictions
Federal Legal Jurisdications are
Congress, federal administrative agencies, federal districts, courts, US Supreme Courts)
State Legal Jurisdications are the
state legislatures, state admin agenices, state court systems)
Federal Legal Jurisdications are concerned with
Federal payment programs, HIPAA, anti discrimination laws
State Legal Jurisdications are concerned with
licensures, contract laws, tort laws, other parts of employment law
What factors influence a providers duty to treat?
positive law (i.e. what’s actually written), applied law (courts interpretation of law), common law, patients & society expectations, & payment
Doctor-Patient relationship
a relationship that is created by contract law, but may be enforced by tort law
contract law
the durty to treat is created by mutual (private) agreement btwn the parties (ie.e what a party does, what part accepts or not)
tort law
the duty to care is imposed by law, without regard to whether there is a specific agreement btwn parties; duty to not act recklessy
Agreeing to provide care to you…
contract law
you are entitled damages if I act recklessy
as held by tort law
tort law may be imposed by
state or regluations, common law
A contract involves these key elements
offer, acceptance, consideration, reliance
consideration in contract
patient agrees (usually) to pay doctor
reliance in contract
patient relies on doctors commitment to treat
Terms of contract
duty not to abandon the patient, duty of due care measured by community standard (enforced by tort law), bound to get informed consent, patient info confidentialy.
doctor is entitled to get paid per contract terms
BUT nonpayment may not be grounds to the relationship during illness; but lack of ability to pay may be grounds for doctor to decline in first place
voluntary assumption of treatment relation without assurance of payment does NOT change the dr-pt relationship.
True but consider good samitarian laws under emergency cases
curbside consult and pt receiving doc’s services for some purpose other than patient care (diability) are not dr.-pt relationships
True but consider good samitarian laws under emergency cases
Drs ability to decline pt care can be limited by
insurance, managed care, gov’t reimbursement
a dr. pt relationship may be easily found in which status
on call; becauce doctor is holding out himself for availabilty to treat pts
EMTALA applies
where pts presents to hospital in emergency conditions. Hospital duty to provide appropiate screening AND stablize patient before ANY transfer; dr has same duty as long as its in scope of practice
how does a dr. pt. relationship last
at least for the spell of illness
Can dr. pt be terminated sooner than the completion of txt?
yes, but only with adequate notice to pt to allow pt reasonable opportunity to obtain care elsewhere
Pt abandoment can happen if?
the dt. Ends relation for primarily nonmedical reasons WITHOUT adequate notice
Wrongful reasons to terminate relationship
on basis of race, sex, religion, diability, HIV status.
