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1.04 Contracts

Learn the essential elements of contracts in healthcare, from offers to considerations, and understand the importance of capacity, legality, and consent. Explore various types of contracts to ensure compliance and ethical practice.

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1.04 Contracts

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  1. 1.04Contracts

  2. -Contract- • Agreement between two or more people. • Enforceable by law. 1.04 Understand legal and ethical issues

  3. Elements of a Contract-Offer- Definition: A proposal by one party to another indicating willingness to enter a contract. 1.04 Understand legal and ethical issues

  4. 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

  5. Elements of a Contract -Acceptance- Definition: The willingness to go along with the offer. 1.04 Understand legal and ethical issues

  6. Elements of a Contract -Acceptance- Healthcare example: Provider gives an appointment, examines, or treats the patient. 1.04 Understand legal and ethical issues

  7. Elements of a Contract -Genuine Agreement- Definition: Valid offer is met by a valid agreement 1.04 Understand legal and ethical issues

  8. Elements of a Contract -Genuine Agreement- Healthcare caution: Fraud, misrepresentation or undue influence can destroy the genuine agreement. 1.04 Understand legal and ethical issues

  9. Elements of a Contract -Capacity- Definition: The legal ability to enter a contract. 1.04 Understand legal and ethical issues

  10. Elements of a Contract -Capacity- *Legal Disability Definition: Individual who can not legally enter into a contract 1.04 Understand legal and ethical issues

  11. Elements of a Contract -Capacity- Legal Disability Examples: • Minors - younger than 18 years of age unless married • Mentally incompetent • Under the influence of drugs/alcohol • Semi-conscious/unconscious 1.04 Understand legal and ethical issues

  12. Elements of a Contract-Consideration- Definition: 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

  13. Elements of a Contract-Legality- Definition: Persons entering a contract cannot agree to do something that is illegal or forbidden by law. Example: Cannot agree to sell a kidney 1.04 Understand legal and ethical issues

  14. 2 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

  15. 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

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