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Transcript of Contract Law
What is a Contract?A voluntary agreement between two or more parties
3 Parts of the Contract1. Offer competent individual enters into a relationship with health care providers and offers to be a patientCan I get an appointment with this doctor?
3 Parts of the Contract2. Acceptance health care provider gives an appointment or examines or treats a patient
3 Parts of the ContractConsideration payment made by the patient for services provided
2 Types of Contracts1. Implied gives rise to contractual obligations by some action or inaction without verbally expressed terms
2 Types of Contracts2. 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 Disabilities1. Minors anyone under age 18 or the age of the majority, is called an infant under the law.
Types of Legal Disabilities2. Mentally incompetent persons
Types of Legal Disabilities3. Individuals under the influence of drugs that alter the mental state (Included prescription drugs and alcohol)
Types of Legal Disabilities4. Semi-conscious or unconscious people
Law of the AgencyAgency - is a personal relationship created by the mutual consent of:The Agent (employee) andThe Principal (employer)
Law of the AgencyThe 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 AgencyHealth care workers must be aware of the role as agents and work to protect the interests of the employerAgency may be expressed or implied, but is usually implied in health care.
Privileged CommunicationAll information given to health personal by a patient is privileged communicaitonInfo cannot be told to anyone without written consent of the patient. By law must be kept confidential
Written ConsentShould state:1. What information can be released2. Who can get the information3. Any time limits related to the release of information
Medical Information Exempt by LawThe 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 Information1. Births and Deaths2.Injuries caused by violence (abuse, etc.)3. Drug Abuse4. Communicable Diseases5. Sexually transmitted diseases