1. 1.04:PP3 Contracts

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

3. Elements of a Contract -Offer-
“Can I get an
appointment with
this doctor?”
A proposal by one party to another indicating willingness to enter a contract.
1.04 Understand legal and ethical issues

4. Elements of a Contract -Offer-
an individual enters into a relationship with a HCP and offers to be a pt
1.04 Understand legal and ethical issues

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

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

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

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

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

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

11. Elements of a Contract -Capacity-
Legal Disability
Minors - <18 yoa, unless married
Mentally incompetent
Under the influence of
drugs/alcohol
Semi-conscious/unconscious
1.04 Understand legal and ethical issues 11

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

13. 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

14. 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

15. Healthcare Contract -Informed Consent-
The patient or their HC power of attorney gives written permission for a tx or procedure, based on a clear understanding of desired outcomes and possible complications.
an essential component of a HC contract.
Permission can be withdrawn at any time. No procedure should be done without consent.
1.04 Understand legal and ethical issues