Transcript 2. Acceptance

What is a Contract?
 A voluntary
agreement
between two
or more
parties
3 Parts of the Contract
“Can I get an
appointment with
this doctor?”
►
Offer –
competent
individual
enters into a
relationship
with health care
providers and
offers to be a
patient
1.
3 Parts of the Contract
►2.
Acceptance –
health care
provider gives
an
appointment
or examines
or treats a
patient
3 Parts of the Contract
►Consideration
payment
made by the
patient for
services
provided
–
2 Types of Contracts
► 1.
Implied –
gives rise to
contractual
obligations by
some action or
inaction without
verbally
expressed
terms
2 Types of Contracts
Expressed –
actual
agreement
between the
parties, the
terms are
stated in
distinct and
explicit
language, either
orally or in
writing
► 2.
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 Disabilities
►1.
Minors –
anyone under
age 18 or the
age of the
majority, is
called an
“infant” under
the law.
Types of Legal Disabilities
►2.
Mentally
incompetent
persons
Types of Legal Disabilities
► 3.
Individuals
under the
influence of
drugs that alter
the mental state
(Included
prescription
drugs and
alcohol)
Types of Legal Disabilities
►4.
Semiconscious or
unconscious
people
Law of the Agency
- is a
personal
relationship
created by the
mutual consent of:
► The Agent
(employee) and
► The Principal
(employer)
► Agency
Law of the Agency
► The
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 Agency
► Health
care
workers must be
aware of the role
as agents and
work to protect
the interests of
the employer
► Agency may be
expressed or
implied, but is
usually implied in
health care.
Privileged Communication
►
►
►
All information given
to health personal by
a patient is privileged
communicaiton
Info cannot be told to
anyone without
written consent of
the patient.
By law – must be kept
confidential
Written Consent
► Should
state:
► 1. What
information can be
released
► 2. Who can get
the information
► 3. Any time limits
related to the
release of
information
Medical Information Exempt by Law
► The
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 Information
► 1.
Births and
Deaths
► 2.Injuries caused
by violence
(abuse, etc.)
► 3. Drug Abuse
► 4. Communicable
Diseases
► 5. Sexually
transmitted
diseases
The End