Contract Law

What is a Contract? A voluntary agreement between two or more parties

3 Parts of the Contract “Can I get an appointment with this doctor?” 1. Offer – competent individual enters into a relationship with health care providers and offers to be a patient

3 Parts of the Contract 2. Acceptance – health care provider gives an appointment or examines or treats a patient

3 Parts of the Contract Consideration – payment made by the patient for services provided

2 Types of Contracts 1. Implied – gives rise to contractual obligations by some action or inaction without verbally expressed terms

2 Types of Contracts 2. Expressed – actual agreement between the parties, the terms are stated in distinct and explicit language, either orally or in writing

VERY IMPORTANT FACT! All parties in a contract must be free of Legal Disabilities. A person with legal disabilities DOES NOT have the legal capacity to form a contract!

Types of Legal Disabilities 1. Minors – anyone under age 18 or the age of the majority, is called an “infant” under the law.

Types of Legal Disabilities 2. Mentally incompetent persons

Types of Legal Disabilities 3. Individuals under the influence of drugs that alter the mental state (Included prescription drugs and alcohol)

Types of Legal Disabilities 4. Semi-conscious or unconscious people

Law of the Agency Agency - is a personal relationship created by the mutual consent of: The Agent (employee) and The Principal (employer)

Law of the Agency The employee acts on behalf of the principal while supervised by the principal. The principal is responsible for the actions of the agent and can be required to compensate or pay people who have been injured by the agent.

Law of the Agency Health care workers must be aware of the role as agents and work to protect the interests of the employer Agency may be expressed or implied, but is usually implied in health care.

Privileged Communication All information given to health personal by a patient is privileged communicaiton Info cannot be told to anyone without written consent of the patient. By law – must be kept confidential

Written Consent Should state: 1. What information can be released 2. Who can get the information 3. Any time limits related to the release of information

Medical Information Exempt by Law The following information is “exempt” for privileged communication. This means you must report it by law or you will be fined or sent to jail

Exempt Information 1. Births and Deaths 2.Injuries caused by violence (abuse, etc.) 3. Drug Abuse 4. Communicable Diseases 5. Sexually transmitted diseases

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