2. Moral-relating to principles of right an wrong!
Ethics-dealing with what is good or bad, determining moral duty and obligaiton.

5. Other Terms to Know
Abuse-any care resulting in physical harm, pain, mental anguish, etc.
Breach-breaking the law, an obligation, or terms of a contract.
Civil law-defines legal relationship between individuals
Criminal law-defines the legal obligation between an individual and the state or society.
Common law-unwritten law; customs that may have authority or have been established by prior court cases.
conduct-behavior or actions
consent-permission granted voluntarily and in sound mind.
felony-a serious crime for which the penalty is imprisonment for more than 1 year.
liable-legally responsible for own actions.
libel-communicating something untruthful and harmful about another person in writing. (defamation).
licensure-authorization by the state to perform the functions of an occupation for which educational and examination standards are specified.
litigation-a lawsuit or legal action
malpractice-bad or harmful practice that injures another person
misdemeanors-crimes that are less serious than felonies and result in imprisonment for less than 1 year.
negligence-failure to perform duties in a reasonable and customary way
slander-verbally communicating something untruthful and harmful about another person.(defamation)
tort-civil wrong
unethical-action that does not represent ideal behavior, but may not be illegal.
will-written document that allows a person to distribute property after death.

6. 6
UNIT 4
Contracts

7. Key Terms for Studying Contracts
Agent
Breach of contract
Contract
Emancipated minor
Expressed contract
Fair Debt Collection Practices Act
Implied contract
Law of agency
Mature minor
Statute of Frauds
Third party payer contract
Void/voidable

8. What is a Contract?
A voluntary agreement between 2 parties in which specific promises are made for a consideration.
We enter into many contracts everyday! Examples include: school, library, dining out, movies, Dr.s appointments
Legally Binding when these are all present:
1) agreement
2) consideration
3) legal subject matter-what makes it enforceable in court
Void
Breach of contract
4) contractual capacity
when its voidable
Mentally incompetent
Agreement: offer must be communicted, in good faith (not a joke or under duress), mutually understood, and clear on both parties
Ex. Dr. makes offer by getting a license and offering service. We accept by making appointments and doing as told, Contract complete when we pay their fee.
Consideration-something of value that is bargained for as part of the agreement; exchange of promises.
Ex. Pay fee for providing their services.
Legal subject matter: not valid and enforceable in court unless they are for legal services, or purpose.

9. Special Concerns Minors: under 18 (21 sometimes)
Risk if being accuse of battery or assault if treating a minor with parent or legal guardian consent; except in medical emergency or when a mature minor or emancipated minor.
Mature minor: mid to late teens who are mature enough to give informed consent and understand.
Emancipated minor: legally live outside of parents’ or guardians’ control; issued by judge.
Still have right to privacy; abortion and contraceptive laws vary by state.

10. Types of Contracts Expressed Contracts Implied Contracts
Explicitly stated in written or spoken words.
Implied Contracts
Unspoken whose terms result from actions of the involved parties.

11. Expressed Contracts
Statue of Frauds in each explains which ones must be in writing.
3rd party payor contracts
Should be signed before any services are given and be in writing.
Agreements by a 3rd party to pay for services rendered to another
“I will pay Susan’s bill.”
Fair Debt Collection Practices Act: Cannot harass, misrepresent, threaten, give false info, unfair or illegal practices

13. Implied Contracts
When the conduct of the parties, not words, creates the contract.

14. Termination of Contracts
Usually when treatment completed and bill paid. OR
Failure to Pay for Services
Patient Missed Appointments
Failure to Follow Physician’s Instructions
Patient Seeking the Services of Another Physician.
Patient my terminate any time!
After a physician agree, they must continue until relationship is properly terminated.

15. Law of Agency
Employers are liable for the actions of their employees when actions are performed as part of the employees’ work under the supervision of the employer.
Employee acts as an agent of the employer
Don’t make promises the employer cannot keep!

16. Court Case
Now lets review some real-life court cases to see some of these ideas actually applied!

17. 17
UNIT 4
Liability and Malpractice

18. Key Terms for Studying Liability and Malpractice
Confidentiality
Damages
Deposition
Interrogatory
Liable
Malfeasance
Misfeasance
Nonfeasance
Privileged communication

19. What does it mean to be liable?
Legally responsible for your own acts, both on the job or in private life
Employer/Physician liable for practices in building and on grounds; automobiles if part of the job, and employee safety.

20. Confidentiality Your ethical and legal duty
The act of holding information in confidence, not to be released to unauthorized individuals.

21. Privileged Communication
Information held confidential within a protected relationship.

22. What kinds of things could you do in a medical office or hospital to safeguard confidentiality and privileged communications?

23. When might it be OK to waive confidentiality?
When a third party requests a medical examination, and that party pays the physician’s fee.
When a patient sues a physician for malpractice.
When a waiver has been signed by the patient allowing the release of information.

25. The most common liability in medicine?
Negligence!

26. The Tort of Negligence
Malfeasance-the performance of totally wrongful and unlawful act.
Misfeasance-the performance of a lawful act in an illegal or improper manner.
Nonfeasance-the failure to act when one should.

27. The Four Ds of Negligence
Duty-the person charged owed a duty of care to the accuser.
Derelict-The health care provider breached the duty of care to the patient.
Direct Cause-The breach of the duty of care to the patient was a direct cause of the patient’s injury.
Damages-There is a legally recognizable injury to the patient; monetary awards sought by plaintiffs in a lawsuit

28. Burden of Proof is on the plaintiff!
The patient’s attourney must prove/present evidence of the 4 Ds.

29. Court Case
Now lets review some real-life court cases to see some of these ideas actually applied!