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http://www.pbs.org/wgbh/nova/body/hippocratic-oath-today.html

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Moral-relating to principles of right an wrong!Ethics-dealing with what is good or bad, determining moral duty and obligaiton.

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Other Terms to Know• Abuse-any care resulting in physical harm, pain, mental anguish, etc. • Breach-breaking the law, an obligation, or terms of a contract.• Civil law-defines legal relationship between individuals• Criminal law-defines the legal obligation between an individual and the state or society.• Common law-unwritten law; customs that may have authority or have been established by

prior court cases.• conduct-behavior or actions• consent-permission granted voluntarily and in sound mind.• felony-a serious crime for which the penalty is imprisonment for more than 1 year.• liable-legally responsible for own actions.• libel-communicating something untruthful and harmful about another person in writing.

(defamation).• licensure-authorization by the state to perform the functions of an occupation for which

educational and examination standards are specified. • litigation-a lawsuit or legal action• malpractice-bad or harmful practice that injures another person• misdemeanors-crimes that are less serious than felonies and result in imprisonment for less

than 1 year.• negligence-failure to perform duties in a reasonable and customary way• slander-verbally communicating something untruthful and harmful about another person.

(defamation)• tort-civil wrong• unethical-action that does not represent ideal behavior, but may not be illegal.• will-written document that allows a person to distribute property after death.

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UNIT 4Contracts

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Key Terms for Studying Contracts• Agent• Breach of contract• Contract• Emancipated minor• Expressed contract• Fair Debt Collection Practices Act• Implied contract• Law of agency• Mature minor• Statute of Frauds• Third party payer contract• Void/voidable

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What is a Contract?• A voluntary agreement between 2 parties in which specific

promises are made for a consideration.

• We enter into many contracts everyday! Examples include: school, library, dining out, movies, Dr.s appointments

• Legally Binding when these are all present:

▫ 1) agreement▫ 2) consideration▫ 3) legal subject matter-what makes it enforceable in court

Void Breach of contract

▫ 4) contractual capacity when its voidable Mentally incompetent

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Special Concerns• Minors: under 18 (21 sometimes)

▫Risk if being accuse of battery or assault if treating a minor with parent or legal guardian consent; except in medical emergency or when a mature minor or emancipated minor.

• Mature minor: mid to late teens who are mature enough to give informed consent and understand.

• Emancipated minor: legally live outside of parents’ or guardians’ control; issued by judge.

• Still have right to privacy; abortion and contraceptive laws vary by state.

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Types of Contracts

•Expressed Contracts▫Explicitly stated in written or spoken words.

•Implied Contracts▫Unspoken whose terms result from actions

of the involved parties.

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Expressed Contracts• Statue of Frauds in each explains which ones

must be in writing.• 3rd party payor contracts

▫Should be signed before any services are given and be in writing.

▫Agreements by a 3rd party to pay for services rendered to another

▫“I will pay Susan’s bill.”• Fair Debt Collection Practices Act: Cannot

harass, misrepresent, threaten, give false info, unfair or illegal practices

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Implied Contracts

•When the conduct of the parties, not words, creates the contract.

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Termination of Contracts•Usually when treatment completed and bill

paid.•OR

▫Failure to Pay for Services▫Patient Missed Appointments▫Failure to Follow Physician’s Instructions▫Patient Seeking the Services of Another

Physician.•Patient my terminate any time!•After a physician agree, they must continue

until relationship is properly terminated.

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Law of Agency

•Employers are liable for the actions of their employees when actions are performed as part of the employees’ work under the supervision of the employer.

•Employee acts as an agent of the employer•Don’t make promises the employer cannot

keep!

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Court CaseCourt CaseNow lets review some real-life court cases to see some of these ideas actually applied!

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UNIT 4Liability and Malpractice

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Key Terms for Studying Liability and Malpractice•Confidentiality•Damages•Deposition•Interrogatory•Liable•Malfeasance•Misfeasance•Nonfeasance•Privileged communication

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What does it mean to be liable?

•Legally responsible for your own acts, both on the job or in private life

•Employer/Physician liable for practices in building and on grounds; automobiles if part of the job, and employee safety.

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Confidentiality

•Your ethical and legal duty•The act of holding information in

confidence, not to be released to unauthorized individuals.

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Privileged Communication

•Information held confidential within a protected relationship.

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What kinds of things could you do in a What kinds of things could you do in a medical office or hospital to safeguard medical office or hospital to safeguard confidentiality and privileged confidentiality and privileged communications?communications?

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When might it be OK to When might it be OK to waive confidentiality?waive confidentiality?When a third party requests a medical examination, and that party pays the physician’s fee.

When a patient sues a physician for malpractice.

When a waiver has been signed by the patient allowing the release of information.

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The most common liability The most common liability in medicine?in medicine?Negligence!

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The Tort of Negligence

•Malfeasance-the performance of totally wrongful and unlawful act.

•Misfeasance-the performance of a lawful act in an illegal or improper manner.

•Nonfeasance-the failure to act when one should.

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The Four Ds of Negligence•Duty-the person charged owed a duty of

care to the accuser.•Derelict-The health care provider breached

the duty of care to the patient. •Direct Cause-The breach of the duty of

care to the patient was a direct cause of the patient’s injury.

•Damages-There is a legally recognizable injury to the patient; monetary awards sought by plaintiffs in a lawsuit

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Burden of Proof is on the plaintiff!•The patient’s attourney must

prove/present evidence of the 4 Ds.

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Court CaseCourt CaseNow lets review some real-life court cases to see some of these ideas actually applied!

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