1.04 Contracts. 1.04 Understand legal and ethical issues -Contract- Agreement between two or more...

1.041.04ContractsContracts

1.04 Understand legal and ethical issues

-Contract--Contract-

Agreement between two or more Agreement between two or more people.people.

Enforceable by law.Enforceable by law.

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Elements of a ContractElements of a Contract-Offer--Offer-

A proposal by A proposal by one party to one party to another another indicating indicating willingness to willingness to enter a enter a contract. contract.

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Elements of a ContractElements of a Contract-Offer--Offer-

In healthcare, In healthcare, an individual an individual enters into a enters into a relationship relationship with a with a healthcare healthcare provider and provider and offers to be a offers to be a patientpatient

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Elements of a ContractElements of a Contract -Acceptance- -Acceptance-

The willingness to go along with the offer.The willingness to go along with the offer. Example: receptionist makes an appointmentExample: receptionist makes an appointment

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Elements of a ContractElements of a Contract -Acceptance- -Acceptance-

Healthcare provider gives an appointment, Healthcare provider gives an appointment, examines, or treats the patient.examines, or treats the patient.

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Elements of a ContractElements of a Contract -Genuine Agreement- -Genuine Agreement-

Valid offer is met by a valid agreementValid offer is met by a valid agreement

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Elements of a ContractElements of a Contract -Genuine Agreement- -Genuine Agreement-

Fraud, misrepresentation or undue influence Fraud, misrepresentation or undue influence can destroy the genuine agreement.can destroy the genuine agreement.

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Elements of a ContractElements of a Contract -Capacity- -Capacity-

The The legal abilitylegal ability to to

enter a contract.enter a contract.

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Legal DisabilityLegal DisabilityIndividual who canIndividual who can

not legally enter not legally enter

into a contract into a contract

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Legal DisabilityLegal Disability Minors - younger thanMinors - younger than

18 years of age unless 18 years of age unless

marriedmarried Mentally incompetentMentally incompetent Under the influence of Under the influence of

drugs/alcoholdrugs/alcohol Semi-conscious/unconsciousSemi-conscious/unconscious

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Elements of a ContractElements of a Contract-Consideration--Consideration-

The thing of value promised in The thing of value promised in exchange for something else of exchange for something else of value.value.

Payment is made by the patient Payment is made by the patient for the services received.for the services received.

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Elements of a ContractElements of a Contract-Legality--Legality-

Persons entering a Persons entering a contract cannot contract cannot agree to do agree to do something that is something that is illegal or forbidden illegal or forbidden by law.by law.

Ex: cannot agree Ex: cannot agree to sell a kidneyto sell a kidney

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Types of ContractsTypes of Contracts

Implied contracts – Implied contracts – non-verbal non-verbal agreement of understandingagreement of understanding

Expressed contracts – state the Expressed contracts – state the terms of the agreement in terms of the agreement in distinct distinct and clear language, either oral and clear language, either oral or writtenor written

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Healthcare ContractHealthcare Contract-Informed Consent--Informed Consent-

The patient or their healthcare The patient or their healthcare power of attorney gives written power of attorney gives written permission for a treatment or permission for a treatment or procedure, based on a clear procedure, based on a clear understanding of desired understanding of desired outcomes and possible outcomes and possible complications.complications.

Informed consent is an Informed consent is an essential component of a essential component of a

healthcare contract.healthcare contract. Permission can be with drawn Permission can be with drawn

at any timeat any time

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1.04 Contracts. 1.04 Understand legal and ethical issues -Contract- Agreement between two or more...

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