Medical Law and Ethics
Marisela Perez
Ms. Tan
Due Thursday, November 28th, 2010 1. Explain patient-physician contract
A physician has the right, after forming a contract or agreeing to accept a patient under his or her care, to make reasonable limitation on the contractual relationship. The physician is under no legal obligation to treat patients who may wish to exceed those limitations. Under the patient-physician contract, both parties have certain rights and responsibilities. 2. Patient right and responsibilities
Patients have the right to choose a physician; although some managed care plans may limit choices. Patients also have the right to terminate a physician’s services if they wish. 3. Patient responsibilities
Patients are also part of the medical team involved in their treatment. Patients have the responsibility under an implied contract to:
Follow any instructions given by the physician and cooperate as much as possible.
Give all relevant information to the physician in order to reach a correct diagnosis. If a patient fails to inform a physician of any medical conditions he or she may have and an incorrect diagnosis is made, the physician is not liable.
Follow the physician’s order for treatment.
Pay the fees charged for services provided. 4. Informed consent
Informed consent involves the patient’s right to receive all information relative to his or her condition and to make a decision regarding treatment based upon that knowledge.
II. Doctrine of informed consent
The doctrine of informed consent is the legal basis for informed consent and is usually outlined in a state’s medical practice acts. 5. What are the special circumstances for physician practices
6. Define malpractice claims
Malpractice claims are lawsuits by a patient against a physician for errors in diagnosis or treatment. 7. Give examples of negligence
Not taking care of someone or something, the result of which is harm to that person or thing. Neglect those results in abuse.
Examples:
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Ms. Tan
Due Thursday, November 28th, 2010 1. Explain patient-physician contract
A physician has the right, after forming a contract or agreeing to accept a patient under his or her care, to make reasonable limitation on the contractual relationship. The physician is under no legal obligation to treat patients who may wish to exceed those limitations. Under the patient-physician contract, both parties have certain rights and responsibilities. 2. Patient right and responsibilities
Patients have the right to choose a physician; although some managed care plans may limit choices. Patients also have the right to terminate a physician’s services if they wish. 3. Patient responsibilities
Patients are also part of the medical team involved in their treatment. Patients have the responsibility under an implied contract to:
Follow any instructions given by the physician and cooperate as much as possible.
Give all relevant information to the physician in order to reach a correct diagnosis. If a patient fails to inform a physician of any medical conditions he or she may have and an incorrect diagnosis is made, the physician is not liable.
Follow the physician’s order for treatment.
Pay the fees charged for services provided. 4. Informed consent
Informed consent involves the patient’s right to receive all information relative to his or her condition and to make a decision regarding treatment based upon that knowledge.
II. Doctrine of informed consent
The doctrine of informed consent is the legal basis for informed consent and is usually outlined in a state’s medical practice acts. 5. What are the special circumstances for physician practices
6. Define malpractice claims
Malpractice claims are lawsuits by a patient against a physician for errors in diagnosis or treatment. 7. Give examples of negligence
Not taking care of someone or something, the result of which is harm to that person or thing. Neglect those results in abuse.
Examples:
-