Nurses and Contracts

NURSES AND CONTRACTS

CONTRACTMeeting of minds between two persons whereby one binds himself, with respect to other, to give something or to render some service A promise which the law recognizes as a duty and when that duty is not performed the law provides a remedy (Breach)

KINDS OF CONTRACTFormal- refers to an agreement between parties and is required to be in writing. E.g. marriage contract .. Informal- one in which the law does not require the same to be in writing. Express- the conditions and terms of contract are given orally or in writing by the parties concerned. E.g. PDN under the doctrine of "facio ut des" means I do that you may give.

Implied- one that is concluded as a result of acts of conduct of the parties into a contract. Void- one that is inexistent from the very beginning and therefore may not be enforced. Illegal- one that is expressly prohibited by lawThose that are made In protection of the law Consent obtained by fraud; duress; undue influence and material misrepresentation

CONSENTa free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable to give consent Informed Consent- a written consent should be signed to show that the procedure is the one consented to and that the person understands the nature of the procedure

Nurses responsibility regarding informed consent(1) witness the exchange between the client and the physician (2) witnessing the client affix his signature (3) establishing that the client really understood.

Characteristics of a Valid ConsentVoluntariness; free from coercion Opportunities to ask questions expalined Treatment explained Understood by the patient Maturity of parties (physically and mentally)

CRITERIA OF GOOD CONSENTEighteen years old and above Mentally capacitated Proxy consent-