medical law and ethics lesson 2: patient/physician relationship
TRANSCRIPT
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Medical Law and EthicsMedical Law and EthicsLesson 2:Lesson 2:Patient/Physician RelationshipPatient/Physician Relationship
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Lesson ObjectivesLesson ObjectivesLesson Objectives
Upon completion of this lesson, students should be able to …
Discuss informed consent.
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Physician RightsPhysician RightsA physician and patient form a
contractThe patient must confide
truthfullyIf the physician does not know all
the facts, there could be serious consequences
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Physician RightsPhysician RightsPhysicians have the right to:
◦Select the patients they wish to treat◦State the types of services they will
provide◦State the hours their offices will be open◦Determine where their offices will be
located◦Expect payment for the treatment given◦Take vacations and time off from
practices
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Patient RightsPatient RightsPatients have the right to:
◦Approve or give consent for all treatment
◦Expect the standard of care◦Expect confidentiality by the
physician and employees◦Privacy
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Informed ConsentInformed Consent
Involves informing the patient about the possible consequences of both having and not having certain procedures and treatments
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Doctrine of Informed ConsentDoctrine of Informed ConsentExplanation of advantages and
risksAlternativesPotential outcomesWhat might occur if there is no
treatmentThe use of understandable
language
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Implied ConsentImplied Consent
When a patient is seen for a routine examination for medical treatment, there is implied consent that the physician will touch the person during the examination
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Implied ConsentImplied Consent
emergency situation
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Refusal of TreatmentRefusal of Treatment
Patients have the right to refuse treatment
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Rights of MinorsRights of MinorsMinor: Under 18 in most states
(though this varies in some states)
Minors are unable to give consent for treatment
Exceptions:
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Categories of Minors Who Can Categories of Minors Who Can Give ConsentGive Consent
Mature minors:Emancipated
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Situation #1Situation #1Think About It!Think About It!
Situation #1A teenager is seeking birth
control. She has the right to confidentiality.
The girl cannot pay for services. How does your office get
payment?
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Think About It!Think About It!
Situation #2A teenager living with her mother
needs treatment for an STI.The patient has a right to
confidentiality.The parents are divorced and the
father has financial responsibility for care and treatment.
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Patient Self-Determination ActPatient Self-Determination Act
Documents that provide protection to both the patient and physician
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Requirements of Health Care Requirements of Health Care InstitutionsInstitutionsProvide patients a written summary
of their rightsGive written policy with respect
advance directivesAsk and document if patients have
an advance directiveEducate staff about advance
directivesNever discriminate based on whether
patients have advance directives
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Living WillLiving WillAllows patients to request that life-
sustaining treatments and nutritional support not be used to prolong their life
Gives patients the legal right to direct the type of care they wish to receive when death is imminent
Protects physicians and hospitals when they follow the patient’s wishes
Copy of living will should be kept with the patient’s records
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Durable Power of Attorney (DPOA)Durable Power of Attorney (DPOA)
Allows an agent to act on behalf of the patient
Can be for health care only or other legal things
Agent may be a spouse, grown child, friend, or an attorney
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Durable Power of Attorney Durable Power of Attorney (DPOA)(DPOA)Used when a patient becomes
mentally incapacitatedDocument is in effect until the
patient cancels it or until the patient is able to make their own decisions again
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Uniform Anatomical Gift ActUniform Anatomical Gift ActAllows a person 18 yrs or older and of
sound mind to make a gift of any or all parts of their body for the purposes of organ transplantation or medical research
A physician who is not involved in the transplant will determine the time of death
No money is allowed to change hands for organ donations
Donor carries a card signed by 2 witnessesThe family can make this decision in some
cases
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Go to Go to ppt 3 Documentation and RegulationDocumentation and Regulation