Doctor Patient Relationship

Question 1

Statutes

Answer 1

laws adopted by legislative bodies (congress and state legislatures)

Question 2

What is “the law”?

Answer 2

Statutes,regulations, and common laws

Question 3

Regulations

Answer 3

rules adopted by administrative agencies (e.g. Center for Medicare/Medicaid,l American Board of Optometry)

Question 4

Common law (“case law)

Answer 4

law derived from court cases

Question 5

Dual Legal Jurisdications are

Answer 5

federal and state jurisdictions

Question 6

Federal Legal Jurisdications are

Answer 6

Congress, federal administrative agencies, federal districts, courts, US Supreme Courts)

Question 7

State Legal Jurisdications are the

Answer 7

state legislatures, state admin agenices, state court systems)

Question 8

Federal Legal Jurisdications are concerned with

Answer 8

Federal payment programs, HIPAA, anti discrimination laws

Question 9

State Legal Jurisdications are concerned with

Answer 9

licensures, contract laws, tort laws, other parts of employment law

Question 10

What factors influence a providers duty to treat?

Answer 10

positive law (i.e. what’s actually written), applied law (courts interpretation of law), common law, patients & society expectations, & payment

Question 11

Doctor-Patient relationship

Answer 11

a relationship that is created by contract law, but may be enforced by tort law

Question 12

contract law

Answer 12

the durty to treat is created by mutual (private) agreement btwn the parties (ie.e what a party does, what part accepts or not)

Question 13

tort law

Answer 13

the duty to care is imposed by law, without regard to whether there is a specific agreement btwn parties; duty to not act recklessy

Question 14

Agreeing to provide care to you…

Answer 14

contract law

Question 15

you are entitled damages if I act recklessy

Answer 15

as held by tort law

Question 16

tort law may be imposed by

Answer 16

state or regluations, common law

Question 17

A contract involves these key elements

Answer 17

offer, acceptance, consideration, reliance

Question 18

consideration in contract

Answer 18

patient agrees (usually) to pay doctor

Question 19

reliance in contract

Answer 19

patient relies on doctors commitment to treat

Question 20

Terms of contract

Answer 20

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.

Question 21

doctor is entitled to get paid per contract terms

Answer 21

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

Question 22

voluntary assumption of treatment relation without assurance of payment does NOT change the dr-pt relationship.

Answer 22

True but consider good samitarian laws under emergency cases

Question 23

curbside consult and pt receiving doc’s services for some purpose other than patient care (diability) are not dr.-pt relationships

Answer 23

True but consider good samitarian laws under emergency cases

Question 24

Drs ability to decline pt care can be limited by

Answer 24

insurance, managed care, gov’t reimbursement

Question 25

a dr. pt relationship may be easily found in which status

Answer 25

on call; becauce doctor is holding out himself for availabilty to treat pts

Question 26

EMTALA applies

Answer 26

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

Question 27

how does a dr. pt. relationship last

Answer 27

at least for the spell of illness

Question 28

Can dr. pt be terminated sooner than the completion of txt?

Answer 28

yes, but only with adequate notice to pt to allow pt reasonable opportunity to obtain care elsewhere

Question 29

Pt abandoment can happen if?

Answer 29

the dt. Ends relation for primarily nonmedical reasons WITHOUT adequate notice

Question 30

Wrongful reasons to terminate relationship

Answer 30

on basis of race, sex, religion, diability, HIV status.