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

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Presentation on theme: "1.04 Contracts. 1.04 Understand legal and ethical issues -Contract- Agreement between two or more people. Agreement between two or more people. Enforceable."— Presentation transcript:

1 1.04 Contracts

2 1.04 Understand legal and ethical issues -Contract- Agreement between two or more people. Agreement between two or more people. Enforceable by law. Enforceable by law. 2

3 1.04 Understand legal and ethical issues Elements of a Contract -Offer- A proposal by one party to another indicating willingness to enter a contract. 3

4 1.04 Understand legal and ethical issues Elements of a Contract -Offer- In healthcare, an individual enters into a relationship with a healthcare provider and offers to be a patient 4

5 1.04 Understand legal and ethical issues Elements of a Contract -Acceptance- The willingness to go along with the offer. 5

6 1.04 Understand legal and ethical issues Elements of a Contract -Acceptance- Healthcare provider gives an appointment, examines, or treats the patient. 6

7 1.04 Understand legal and ethical issues Elements of a Contract -Genuine Agreement- Valid offer is met by a valid agreement 7

8 1.04 Understand legal and ethical issues Elements of a Contract -Genuine Agreement- Fraud, misrepresentation or undue influence can destroy the genuine agreement. 8

9 1.04 Understand legal and ethical issues Elements of a Contract -Capacity- The legal ability to enter a contract. 9

10 1.04 Understand legal and ethical issues Elements of a Contract -Capacity- Legal Disability Legal Disability Individual who can not legally enter into a contract 10

11 1.04 Understand legal and ethical issues Elements of a Contract -Capacity- Legal Disability Legal Disability Minors - younger than Minors - younger than 18 years of age unless 18 years of age unless married married Mentally incompetent Mentally incompetent Under the influence of Under the influence ofdrugs/alcohol Semi-conscious/unconscious Semi-conscious/unconscious 11

12 1.04 Understand legal and ethical issues Elements of a Contract -Consideration- The thing of value promised in exchange for something else of value. The thing of value promised in exchange for something else of value. Payment is made by the patient for the services received. Payment is made by the patient for the services received. 12

13 1.04 Understand legal and ethical issues Elements of a Contract -Legality- Persons entering a contract cannot agree to do something that is illegal or forbidden by law. Persons entering a contract cannot agree to do something that is illegal or forbidden by law. Ex: cannot agree to sell a kidney Ex: cannot agree to sell a kidney Becoming married makes you legal at any age. Becoming married makes you legal at any age. 13

14 1.04 Understand legal and ethical issues Types of Contracts Implied contracts – non-verbal agreement of understanding Implied contracts – non-verbal agreement of understanding Expressed contracts – state the terms of the agreement in distinct and clear language, either oral or written Expressed contracts – state the terms of the agreement in distinct and clear language, either oral or written 14

15 1.04 Understand legal and ethical issues Healthcare Contract -Informed Consent- The patient or their healthcare power of attorney gives written permission for a treatment or procedure, based on a clear understanding of desired outcomes and possible complications. The patient or their healthcare power of attorney gives written permission for a treatment or procedure, based on a clear understanding of desired outcomes and possible complications. Informed consent is an essential component of a healthcare contract. Informed consent is an essential component of a healthcare contract. 15


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