Contracts Flashcards

1
Q

define DOCTOR-PATIENT CONTRACT

A

relationship between provider & pt

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2
Q

what are the 3 components of doctor-patient contract?

A

offer, acceptance, & consideration

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3
Q

what is the offer in the doctor-pt contract?

A

provider offering services

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4
Q

what is the acceptance in the doctor-pt contract?

A

pt scheduling appt

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5
Q

what is the consideration in the doctor-pt contract?

A

pt has insurance & will pay copay

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6
Q

define EXPRESS CONSENT

A

pt directly communicates to doctor through signing of papers & oral/verbal communication

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7
Q

define IMPLIED CONSENT

A

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)

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8
Q

What capacity is required to enter doctor-pt contract?

A
  • age of majority determined by state
  • emancipated minor
  • not victim of legal disability
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9
Q

define LEGAL DISABILITY

A

mentally incompetent/under influence of drugs

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10
Q

t/f: providers cannot treat kids w/o parental consent if injury non life threatening

A

true

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11
Q

define COMPETENCE

A

legal judgment

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12
Q

define CAPACITY

A

clinical judgment

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13
Q

if someone is incompetent what can they not do?

A

give informed consent and refuse care

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14
Q

what can make someone incompetent

A

age, disability, or under influence

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15
Q

in what case can a parent not refuse care for their child

A

if it is life-threatening

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16
Q

what causes a child to become emancipated?

A

marriage, joining military, obtaining court order

17
Q

describe MATURE MINOR

A

unemancipated minor deemed to have intelligence & maturity to make decisions regarding age limits, mental health services, STD services, & medical treatment

18
Q

how is a mature minor determined?

A

state & questions from provider

19
Q

what is the stipulation with oral contracts

A

subject to statutory & common law interpretations

20
Q

list circumstances of how to terminate pt-provider relationships

A
  • 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
21
Q

when are providers compelled to provide care?

A
  • 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
22
Q
A