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1.04 Contracts

1.04 Contracts. 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. -Contract-. Agreement between two or more people.

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1.04 Contracts

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  1. 1.04Contracts

  2. 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. -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

  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. 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 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. 1.04 Understand legal and ethical issues

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

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