List and define three functions a state government can assume
issue licenses; regulate interstate (within the state) businesses; conduct elections; establish local governments
Which governmental functions are reserved strictly for the federal government
print money; regulate interstate (between states) and international trade; make treaties and conduct foreign policy; declare war; provide an army and navy; establish post offices; make law necessary and proper to carry out the above powers
Define common law
the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition
Define administrative law
enabling statutes to define powers and procedures when an agency is created
Decisions made by judges in the various courts and used as a guide for future decisions are called
case law or precedent
Define criminal law
law that involves crimes agains the state
Define civil law
law that involves wrongful acts against persons
the power and authority given to a court to hear a case and to make a judgment
a civil wrong committed against a person or property, excluding breach of contract
the person guilty of committing a tort
Define intentional torts
when one person intentionally harms another
Define unintentional torts
acts that are not intended to cause harm, but area committed unreasonably or with a disregard for the consequences
May a civil offense also be a crime?
intentional torts may also be crimes
An unintentional tort alleging that a health care practitioner has failed to exercise ordinary care is called
a voluntary agreement between two parties in which specific promises are made for a consideration
List and briefly define the four essential elements of a contract
agreement-one party makes an offer, and another party accepts it; consideration-something of value is bargained for as part of the agreement; legal subject matter-contracts are not valid and enforceable in court unless they are for legal services or purposes; contractual capacity-parties who enter into the agreement must be capable of fully understanding all of its terms and conditions
List those situations in which a contract may be voidable
if either of the concerned parties is incompetent at the time a contract is made, the agreement may be voidable
Briefly explain the purpose of the Statute of Frauds
states which contracts must be in writing to be enforced
Define third party payor contract
a written agreement signed by a party other than the patient who promises to pay the patient's bill
Regulation Z of the Consumer Protection Act of 1968 requires that certain financial arrangements be in writing and include
fees for services; amount of any down payment' the date each payment is due; the date of the final payment; amount of each payment; any interest charges to be made
What is the Fair Debt Collection Practices Act?
a federal statute prohibiting certain unfair and illegal practices by debt collectors and creditors. It prohibits certain methods of debt collection, including harassment, misrepresentation, threats, disseminating false information about the debtor, and engaging in unfair of illegal practices in attempting to collect a debt.
Give an example of an implied limited contract
are those in which the conduct of the parties, rather than expressed work, creates the contract. Most contracts in the medical office are implied, for example when you seek the services of a physician.
List ten items to which a physician is not bound contractually in the context of an implied physician-patient contact
treat every patient who seeks medical care, with one exception. He or she must treat every patient who comes to that locale, ex, emergency room; restore the patient to his or her original state of health; possess the highest skills possible within the profession or the maximum education attainable; effect a recovery with every patient; be familiar with the various reactions of patients to anesthetics or drugs of any kind; be as skilled as a specialist if he or she is a general practitioner; make a correct diagnosis in every case; be free from mistakes of judgment in difficult cases; display infallibility of judgment; continue services after being discharged by the patient or by some responsible person, even if harm should come to the patient; guarantee the successful result of any treatment or operation.
List ten items to which a physician is obligated in an implied physician-patient contract
use due care, skill, judgment, and diligence in treating patients; stay informed about the best methods of diagnosis and treatment; perform to the best of his or her ability; whether or not he or she is to receive a fee; exercise his or her best professional judgment; consider the established, customary treatment administered by members of the medical profession in similar cases; abstain from performing experiments on a patient without first securing the patient's complete understanding and approval; provide proper instructions for a patient's care to the person responsible for such care.
List five responsibilities borne by the patient in an implied contract
set up practice within the boundaries of his or her license to practice medicine; set up an office wherever he or she chooses and establish office hours; specialize; decide which services he or she will provide and how those services will be provided
Name four situations in which premature termination of the physician-patient contract may occur
failure to pay for services; failure to keep scheduled appointments; failure to follow the physician's instructions; a patient seeks the services of another physician.
Why must a physician give the patient ample notice when withdrawing from a case?
he or she may be charged with abandonment and depending upon the circumstances, the physician may also be charged with breach of conduct and or negligence
Briefly explain how the law of agency applies to health care practitioners
in performing workplace duties , the employee acts as the agent of the employer. By law, employers are liable for the actions of their employees when employees perform said actions as part of their work under the supervision of the employer
How does the doctrine of respondeat superior relate to the law of agency?
physicians are liable for the acts of their employees performed with the course and scope of employment