Podcast
Questions and Answers
Which of the following is NOT a part of the patient's bill of rights?
Which of the following is NOT a part of the patient's bill of rights?
What is a major element of informed consent that relates to a patient's ability to understand information?
What is a major element of informed consent that relates to a patient's ability to understand information?
Which element of informed consent refers to a patient's capacity for decision-making?
Which element of informed consent refers to a patient's capacity for decision-making?
What must patients be informed about according to their rights?
What must patients be informed about according to their rights?
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Failure to obtain informed consent may result in which legal issue for a physician?
Failure to obtain informed consent may result in which legal issue for a physician?
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What is essential for a patient to have before making treatment decisions?
What is essential for a patient to have before making treatment decisions?
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Which of the following is NOT included in the patient's right to privacy?
Which of the following is NOT included in the patient's right to privacy?
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What should patients be informed about regarding business relationships in healthcare?
What should patients be informed about regarding business relationships in healthcare?
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What is the primary reason for informed consent?
What is the primary reason for informed consent?
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Which of the following is NOT a responsible party for obtaining informed consent?
Which of the following is NOT a responsible party for obtaining informed consent?
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Informed consent is generally required for which of the following?
Informed consent is generally required for which of the following?
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Which information is required for informed consent?
Which information is required for informed consent?
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Who can provide consent in the absence of an adult patient?
Who can provide consent in the absence of an adult patient?
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Which of the following is a recommended way to improve informed consent?
Which of the following is a recommended way to improve informed consent?
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What must be done regarding language assistance in informed consent?
What must be done regarding language assistance in informed consent?
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What is NOT a statutory surrogate for giving consent?
What is NOT a statutory surrogate for giving consent?
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What must be noted in the medical record if a patient or family refuses a hospital interpreter?
What must be noted in the medical record if a patient or family refuses a hospital interpreter?
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What must interpreters do when translation services are used?
What must interpreters do when translation services are used?
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In a contract, what is required from the parties involved?
In a contract, what is required from the parties involved?
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Which type of contract is NOT enforceable from the start?
Which type of contract is NOT enforceable from the start?
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What defines an implied contract?
What defines an implied contract?
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What is a formal contract typically required to be?
What is a formal contract typically required to be?
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Which of the following is considered a kind of contract?
Which of the following is considered a kind of contract?
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What aspect is essential when determining the object of a contract?
What aspect is essential when determining the object of a contract?
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Which of the following individuals is not allowed to make a contract?
Which of the following individuals is not allowed to make a contract?
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What defines a contract that is considered void from the beginning?
What defines a contract that is considered void from the beginning?
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What is a characteristic of written contracts?
What is a characteristic of written contracts?
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Which of the following would not be considered a breach of contract?
Which of the following would not be considered a breach of contract?
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What is a requirement for someone to create a valid will?
What is a requirement for someone to create a valid will?
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Which of the following is NOT a reason a contract may be declared illegal?
Which of the following is NOT a reason a contract may be declared illegal?
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Which of these is an advantage of having a written contract?
Which of these is an advantage of having a written contract?
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What happens if the intention of the parties in a contract cannot be ascertained?
What happens if the intention of the parties in a contract cannot be ascertained?
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What is the first requirement for a valid notarial will?
What is the first requirement for a valid notarial will?
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Which of the following must be true for a deaf mute to execute a will?
Which of the following must be true for a deaf mute to execute a will?
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What is one of the requirements for a holographic will?
What is one of the requirements for a holographic will?
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How many credible witnesses are required for the attestation of a notarial will?
How many credible witnesses are required for the attestation of a notarial will?
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Which of the following is NOT a requisite of a valid notarial will?
Which of the following is NOT a requisite of a valid notarial will?
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What is the term for the testator's intention to make a will in a holographic will?
What is the term for the testator's intention to make a will in a holographic will?
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What must happen if a blind person wants to execute a will?
What must happen if a blind person wants to execute a will?
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Who is disqualified from being a witness to a will?
Who is disqualified from being a witness to a will?
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Study Notes
Patient's Bill of Rights
- Patients have the right to considerate and respectful care.
- Patients have the right to receive complete and understandable information about their diagnosis, treatment, prognosis, and potential risks.
- Patients have the right to make decisions about their plan of care, including refusing treatment.
- Patients have the right to have an advance directive, such as a living will.
- Patients have the right to privacy during their treatment and care.
- Patients have the right to confidentiality regarding their communications and records.
- Patients have the right to review and understand their medical records, except when restricted by law.
- Patients have the right to be informed of the business relationships that may influence their treatment and care.
- Patients have the right to consent or decline to participate in experimental research.
- Patients have the right to reasonable continuity of care and be informed of alternative care options when hospitalization is no longer appropriate.
- Patients have the right to be informed of hospital policies and practices related to patient care.
Informed Consent
- Informed consent involves a patient and physician discussing the risks, benefits, and alternatives of a specific medical intervention, leading to authorization from the patient.
- Failure to obtain informed consent can lead to claims of negligence, battery, and medical malpractice.
- Informed consent has four core elements: competence, disclosure, comprehension, and voluntariness.
- Informed consent is crucial for increased patient satisfaction, ethical standards, legal adherence, reducing litigation, and optimizing institutional quality.
Informed Consent: Roles and Responsibilities
- The clinician holds primary responsibility for informed consent, but a team approach is required involving clinicians, nurses, technologists, administrative and clinical leadership, and legal counsel.
Informed Consent: When Is it Required?
- Informed consent is typically required for surgeries, anesthesia, and other invasive or complex medical or radiologic procedures.
- An invasive procedure refers to actions that penetrate the skin, utilise radiation for treatment, or involve tissue interference.
Informed Consent: Information Needed
- Informed consent documents must include details about the patient's diagnosis, the nature and purpose of the proposed treatment or procedure, available alternatives, the risks and benefits of proposed treatments or procedures, and the risks and benefits of not receiving treatment.
Who can Consent?
- A competent adult patient can consent.
- A healthcare power of attorney or legal guardian can consent on behalf of the patient.
- A statutory surrogate can consent if there is no legally authorized representative.
Statutory Surrogates: Order of Priority
- The patient's spouse (unless legally separated).
- The patient's adult child (a majority of children, if there are multiple, who are reasonably available).
- The patient's parent.
- The patient's domestic partner (if unmarried and no other person has assumed financial responsibility).
- The patient's brother or sister.
- A close friend of the patient who is familiar with the patient's healthcare views and desires and is willing to be involved in the patient's healthcare and act in their best interest.
Improving Informed Consent
- Simplify language.
- Allow time for questions.
- Ensure patient understanding.
- Plan for language assistance prior to appointments.
- Train support staff.
Using Interpreters
- Provide information verbally in the patient's native language, even if consent is written in English.
- If the patient or family refuses the hospital interpreter and chooses a friend or family member, this must be documented.
- If translation services are used, the interpreter should sign as a witness, providing their name, title, date, and time.
Signing and Witnessing Consent
- The patient (or their healthcare decision-maker) should sign the consent.
- Two witnesses should attest to the patient's signature, but not necessarily the entire consent discussion.
Therapeutic Privilege
- A rare exception to informed consent.
- Allows health care provider to proceed in emergencies, cases of incompetence, or when a waiver or implied consent exists.
Contracts
- A contract is a formal agreement between two or more people, where one agrees to provide something or render a service in exchange for something else.
Types of Contracts
- Formal contracts: Agreements that are required by law to be in writing.
- Informal contracts: Agreements that are not required by law to be in writing.
- Express contracts: Contracts where the terms are explicitly stated orally or in writing.
- Implied contracts: Contracts created based on the actions and conduct of the parties involved.
- Void contracts: Contracts that are non-existent from the beginning and cannot be enforced.
- Illegal contracts: Contracts that are prohibited by law.
Requirements of a Contract
- Two or more participating parties.
- Voluntary consent to the agreement.
- A specified object or subject matter of the contract.
- A clear and defined cause for the obligation.
- The contracting parties must have the legal capacity to enter into a contract, including being of legal age, sound mind, and not under the influence of intoxicating drugs, fear, or physical disability.
Void Contracts
- Contracts with a cause, object, or purpose that conflicts with laws, morals, good customs, public order, or public policy.
- Contracts where the cause or object did not exist at the time of the transaction.
- Contracts with an object that's outside the commerce of man.
- Contracts that involve an impossible service.
- Contracts where the parties' intentions regarding the object are unclear.
- Contracts that are expressly prohibited or declared void by law.
- Contracts that are absolutely simulated or fictitious.
Illegal Contracts
- Contracts obtained through fraud, undue influence, duress, or those expressly prohibited by law.
Breach of Contract
- Failure to perform an agreement without cause, whether expressed or implied.
Reasons for Breach of Contract
- Prevention of performance.
- Failure to perform due to inconvenience or difficulty.
- Failure to cooperate in performance.
- Abandonment of duty.
- Substitution of performance.
- Failure to use due care.
Advantages of Written Contracts
- Provides certainty.
- Specifies a definite timeframe for binding nature.
- Sets standards.
- Protects professional practitioners from discrimination in compensation.
- Offers detailed information.
- Provides a definite procedure for handling complaints.
- Creates a sense of certainty and security for professional employees.
Wills
- A document that outlines the distribution of a person's estate upon their death.
- It allows individuals to control the disposition of their assets after they pass away.
Who Can Make a Will?
- Individuals who are not explicitly prohibited by law.
- Those who are at least 18 years of age.
- Individuals who possess sound mind at the time of will execution.
Types of Wills
- Notarial Will: Acknowledged before a notary public and requires an attestation clause.
- Holographic Will: Written entirely in the testator's handwriting, dated, and signed.
Requirements for a Valid Notarial Will:
- Written document.
- Executed in a language understood by the testator.
- Subscribed at the end by the testator or written by another person at the testator's direction and presence.
- Attested and subscribed by three or more credible witnesses in the presence of the testator and one another.
- All pages, except the last, must be signed by the testator or by a designated individual.
- Pages must be numbered correlatively.
- An attestation clause must be included.
- The will must be acknowledged before a notary public by the testator and the witnesses.
Deaf-mute Testator Requirements:
- The testator must read the will personally if able.
- If unable to read, two persons must read the will and communicate its contents to the testator in a practical manner.
Blind Testator Requirements:
- The will must be read twice to the testator, once by a subscribing witness and once by the notary public.
Requirements of a Holographic Will:
- Written entirely in the testator's handwriting.
- Dated completely.
- Signed by the testator.
- Demonstrates animus testandi (intention to make a will).
- Executed at a time allowed for holographic wills.
Witnesses to a Will:
- Any person of sound mind can be a witness.
Disqualified Witnesses to a Will:
- Individuals who are beneficiaries in the will.
- Individuals who are related to beneficiaries within certain degrees of kinship.
- Individuals with a financial interest in the estate.
- Individuals who are under the age of 18 or are mentally incompetent.
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Description
Test your knowledge of the Patient's Bill of Rights, which outlines the essential rights patients have when receiving medical care. This quiz covers key concepts such as informed consent, privacy, and continuity of care. Ensure you're well-versed in your rights as a patient.
