Packet 2 Flashcards
duties imposed by contract
obligations inherent in the doctor patient relationship
service is doctor’s best skills and efforts in care
obligations to not abandon patient
not disclosing confidences
fulfilling treatment representations (frequency, cost, duration, probable results)
duties imposed by law
dictated by statutes, case opinions, rules and regulations
often supplement, qualify or replace “good doctoring” requirements
reasonable suspicion of child abuse, it must be reported
miscellaneous duties
warn of potential hazards
any situation with restricted movement that might impair safe operation of machinery and vehicles
inform patient to limit physical activity and return for care and re-evaluation
duties can be altered by..
acts of professional associations ethical or administrative rule locale specialization technology advertising implied contract failure to refer court opinion
most state laws prohibit..
use of false, deceptive or misleading advertising, and the board could elaborate and require specific disclosures, fines, etc
locality rule
doctor was liable only if he failed to meed standards practiced by doctors in their own community
rule has been replaced in most states by a “same or similar locality” rule
same or similar locality rule
allows plaintiff to have an expert from outside the community to testify
duty altered by specialization
tendency to have a national standard for matters which are not influenced by socioeconomic considerations
duty altered by advertising
certain advertising claims may increase the level of skill which the doctor will be expected to employ
duty altered by implied contract
case fees
implied guarantee
case fees
charging a pre determined amount for a specified course of treatment, often with a discount for advanced payment has caused many problems
implied guarantee
doctor’s duty may be to fulfill that promise ad failure to do so may result in liability
duty altered by failure to refer
physician who improperly fails to refer a patient to a specialist can be held to the standard of care applicable to the specialist to whom the referral should have been made
court opinion can establish..
precedents
primary duty of a health care provider is to..
deliver competent professional services to their patients
in a negligence action, the test of adequacy of care is usually expressed by?
comparison with that level of a skill practiced by a “reasonably careful and prudent” member of their particular profession
when is an expert witness needed?
in all but the most unusual circumstances
because jurors do not know if the doctor’s acts were proper or not
what is an expert according to the federal rules of evidence?
scientific, technical or specialized knowledge will help the judge or jury understand the evidence or help determine a fact in issue a person may testify whose knowledge, skill, experience, training or educattion makes him an expert
standards of face can be altered by
technology college training advertising statutory presumption judicial edict specialization
negligence
failing to conform to the required level of care
what are some examples of actions that will usually suport a claim of negligeence?
rib fractures
therapy burns
patient falls from table
on table injuries
examples of deviating from the standard of care
inadequate exercise instruction
use of alcohol and drugs
disreguard for thealth and safety of the patient by treating them whiule under the influence
