legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care
Power of Attorney
a legal instrument authorizing someone to act as the grantor's agent
Durable Power of Attorney
Grant requires legal capacity; becomes effective upon grantor's loss of decision-making capacity.
This requires a teminal condition, takes effect upon said medical problem and relies on health care providers.
A durable Power of Attorney is a creature of?
Damages for Personal Injury
Based on the Plaintiff's condition immediately prior to the negligent event.
Damages in Tort
1. Special Damages
2. General Damages
3. Nominal Damages
4. Punitive Damages
1. Cost of repairs
2. Loss of earnings
3. Impairment of earning capacity
4. Medical expenses
5. Services in the home
Federal Tort Claims Act
This Act partially abrogates the doctrine of sovereign immunity with regard to torts and applies the doctrine of respondeat superior to make the govrnment liable.
A legally binding agreement.
A non-contractual civil wrong committed against a person or his property for which a court may award a remedy of damages.
What are these two examples of;
Written or Oral
Expressed or Implied
Elements of a Contract
1. Competent Parties
2. Legal Subject Matter
6. Mutual Agreement
Types of Torts
1. Torts of strict liablity
2. Intentional torts
3. Negligent torts
You cannot use insurance for this type of damages.
Damages in Tort
General damages ---includes Hedonic
Special Damages (Objective Factors)
Cost of repairs
Loss of earnings
Impairment of earning capacity
Services in the home
Subjective damages (ie. loss of enjoyment of life) are what kind of Damage.
Patient Self-Determination Act
That patients be told about their right to refuse care and their right to execute advanced directives.
case, "Every human being of adult years and sound mind has the right to determine what shall be done with his own body."
Washington, Oregon, Montana
Reserve the right to die/refuse care, 3 states.
States Intrerests (Fosmire)
Preservation of Life,
Prevention of Suicide,
Protection of Innocent 3rd parties,
Protection of the ethical integrity of health care professionals,
are examples of;