Due Thursday, November 28th, 2010
1. Explain patient-physician contract
A physician has the right, after forming a contract or agreeing to accept a patient under his or her care, to make reasonable limitation on the contractual relationship. The physician is under no legal obligation to treat patients who may wish to exceed those limitations. Under the patient-physician contract, both parties have certain rights and responsibilities. 2. Patient right and responsibilities
Patients have the right to choose a physician; although some managed care plans may limit choices. Patients also have the right to terminate a physician’s services if they wish. 3. Patient responsibilities
Patients are also part of the medical team involved in their treatment. Patients have the responsibility under an implied contract to: Follow any instructions given by the physician and cooperate as much as possible. Give all relevant information to the physician in order to reach a correct diagnosis. If a patient fails to inform a physician of any medical conditions he or she may have and an incorrect diagnosis is made, the physician is not liable. Follow the physician’s order for treatment.
Pay the fees charged for services provided.
4. Informed consent
Informed consent involves the patient’s right to receive all information relative to his or her condition and to make a decision regarding treatment based upon that knowledge. II. Doctrine of informed consent
The doctrine of informed consent is the legal basis for informed consent and is usually outlined in a state’s medical practice acts. 5. What are the special circumstances for physician practices
6. Define malpractice claims
Malpractice claims are lawsuits by a patient against a physician for errors in diagnosis or treatment. 7. Give examples of negligence
Not taking care of someone or something, the result of which is harm to that person or thing. Neglect those results in abuse. Examples:
- Not giving someone their medication, so they end up having a seizure - Giving someone the wrong dose of medication because of carelessness and having them accidentally overdose - Taking someone's respirator out and forgetting to put it back - Not writing something down on a chart that a doctor needs to know when treating a patient 8. Explain the four D’s of negligence
I. Duty- Patients must show that a physician-patient relationship existed in which the physician owned the patient a duty. II. Derelict- Patients must show that the physician failed to comply with the standards of the profession. (For example, a gynecologist has routinely take Pap smears of a patient and then, for whatever reason, does not do so. If the patient then shows evidence of cervical cancer, the physician could be said to have been derelict.) III. Direct cause- Patients must show that any damages were s direct cause of a physician’s breach of duty. (For example, if a patient fell on the sidewalk and damaged her cast, she could not prove that the cast was damaged because it was incorrectly or poorly applied by her physician. It would be clear that the damage to the cast resulted from the fall. If, however, the patient’s leg healed incorrectly because of the way the cast had been applied, she might have a case. IV. Damages- Patients must prove that they suffered injury.
9. Differentiate subpoena from subpoena duces tecum
A subpoena is a written court order addressed to a specific person, requiring that person’s presence in court on a specific date at a specific time. Subpoena duces tecum is a court order to produce specific, requested documents required at a certain place and time to enter into court records. 10. Explain the law of agency of respondeat superior
According to the law of agency, an employee is considered to be acting as a doctor’s agent (on the doctor’s behalf) while performing professional tasks. The Latin term respondeat superior, or “let the...