1. 1.04 Contracts

2. 1.04 Understand legal and ethical issues
Warm up
Which document would someone with terminal cancer be considering for end-of-life care?
What do stopping a feeding tube and withholding CPR on a patient have in common?
Review questions from yesterday
1.04 Understand legal and ethical issues

3. 1.04 Understand legal and ethical issues
-Contract-
Agreement between two or more people.
Enforceable by law.
1.04 Understand legal and ethical issues

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

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

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

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

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

9. Elements of a Contract -Genuine Agreement-
Example- Adequate care given that the patient was promised by the healthcare provider.
1.04 Understand legal and ethical issues

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

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

12. Elements of a Contract -Capacity-
Legal Disability
Minors - younger than
18 years of age unless
married
Mentally incompetent
Under the influence of
drugs/alcohol- drug addicts
Semi-conscious/unconscious
1.04 Understand legal and ethical issues 12

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

14. Elements of a Contract -Legality-
Persons entering a contract cannot agree to do something that is illegal or forbidden by law.
Ex: cannot agree to sell a kidney
1.04 Understand legal and ethical issues

15. 1.04 Understand legal and ethical issues
Types of Contracts
Implied contracts – non-verbal agreement of understanding
Expressed contracts – state the terms of the agreement in distinct and clear language, either oral or written
Implied contract – May be difficult to prove that the contract was formed.
Ex. Visit to the doctor with understanding that the patient will pay for services.
Expressed contract – easier to hold the parties accountable if the contract is written.
1.04 Understand legal and ethical issues

16. 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.
Informed consent is an essential component of a healthcare contract.
Permission can be withdrawn at any time. No procedure should be done without consent.
1.04 Understand legal and ethical issues

17. 1.04 Understand legal and ethical issues
Processing Questions
What part of the contract is a receptionist making an appointment for a patient?
1.04 Understand legal and ethical issues