LM: Principle of Liability in HM

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Questions and Answers

What is a requirement for informed consent in medical procedures?

It can be verbal under all circumstances.

It must be written, dated, and signed by the patient. (correct)

It only requires the physician's approval.

It must be obtained within 24 hours of treatment.

Which of the following best describes the relationship between a physician and a patient?

A mere suggestion of treatment.

A fiduciary relationship with no contractual elements.

A contractual relationship involving offer and acceptance. (correct)

An informal agreement without obligations.

What must a patient do to establish a legal basis for a malpractice lawsuit against a healthcare provider?

Establish a relationship with the healthcare provider. (correct)

Seek a second opinion from another provider.

Complete treatment before filing a lawsuit.

Have a family member testify on their behalf.

In what scenario can oral consent be accepted instead of written consent?

When the person is unable to write and is witnessed. Signup and view all the answers

What must a physician provide if they choose to terminate the patient-physician relationship?

Reasonable notice for the patient to seek alternative care. Signup and view all the answers

What type of consent involves prior discussion regarding treatment details and implications?

Informed consent. Signup and view all the answers

What distinguishes an express contract from an implied contract in the physician-patient relationship?

Express contracts include clearly stated terms by both parties. Signup and view all the answers

What potential issue arises if a physician fails to provide reasonable notice before withdrawing from the contract?

The physician may face legal liability. Signup and view all the answers

What triggers the termination of the hospital-patient relationship?

The patient has been cured or has died. Signup and view all the answers

What defines an implied contract in the hospital-patient relationship?

An agreement reached based on the conduct and circumstances. Signup and view all the answers

Which of the following describes consent in a medical context?

A voluntary and informed agreement to allow treatment. Signup and view all the answers

What is a covenant in the context of healthcare agreements?

A documented promise usually sealed under legal conditions. Signup and view all the answers

What is a fundamental rule regarding hospitals treating patients?

Hospitals are not mandated to treat every patient who arrives. Signup and view all the answers

What happens when a patient leaves the hospital against medical advice?

The hospital-patient relationship is abruptly terminated. Signup and view all the answers

What is the Anti-Deposit Law's requirement for hospitals?

Hospitals must have procedures for assessing incoming patients' needs. Signup and view all the answers

Which of the following best defines a compact in the healthcare context?

A written agreement or promise between parties under seal. Signup and view all the answers

What is the preferred method of obtaining consent in modern healthcare?

Written consent form Signup and view all the answers

What action can be taken once a patient's condition is stabilized?

Continue treatment or transfer the patient Signup and view all the answers

Under which circumstances is consent not required for medical procedures?

During emergency situations Signup and view all the answers

What does the anti-detention law imply regarding emergency medical treatment?

Patients must be stabilized before transfer or discharge Signup and view all the answers

What does the concept of 'vicarious liability' entail in hospital administration?

Errors of a physician can reflect on the hospital Signup and view all the answers

Which of the following best describes the relationship between a hospital and a physician?

It is established through a contract Signup and view all the answers

What is required, in addition to being licensed, to become part of a hospital's medical staff?

Successful completion of credentialing process Signup and view all the answers

Which article imposes obligations for actions and omissions of individuals in a hospital?

Article 2180 Signup and view all the answers

What is the main reason hospitals are required to suspend or restrict a physician's privileges?

To prevent harm to patients and maintain care quality Signup and view all the answers

What does corporate negligence in a hospital context primarily relate to?

The competency of the medical staff Signup and view all the answers

What is the primary reason a hospital can be held liable for a surgeon's mistake?

The surgeon is considered as 'the captain of the ship.' Signup and view all the answers

Which statement best describes the relationship between employers and employees in a hospital setting?

Employers develop relationships that are vital for medical administrative success. Signup and view all the answers

According to the respondeat superior doctrine, when is an employer held liable?

For actions of an employee performed within the scope of employment Signup and view all the answers

Which of the following best describes the duty of hospitals regarding their medical staff?

To ensure the medical staff is competent and to evaluate quality care Signup and view all the answers

Under which condition is a hospital more likely to consider a doctor as an employee rather than an independent contractor?

The hospital controls the doctor's working hours and vacation time. Signup and view all the answers

What is a medical error defined as?

A mistake made by a healthcare professional that results in injury or death. Signup and view all the answers

What is the legal implication if a hospital fails to ensure the competency of its medical staff?

It can result in a finding of direct liability to the patient Signup and view all the answers

Under the principle of quasi-delict, how is liability established?

By demonstrating any act or omission causing damage with negligence Signup and view all the answers

How does medical error relate to medical malpractice?

Medical error often constitutes a failure to meet medical standards of practice. Signup and view all the answers

In what scenario might a hospital be liable for a non-employee doctor's actions?

If the hospital had prior knowledge of the doctor's malpractice. Signup and view all the answers

What role does the hospital play in relation to independent physicians seeking staff privileges?

It is required to ensure that selected physicians are competent Signup and view all the answers

What best describes the concept of 'captain of the ship' in a medical context?

The surgeon is ultimately responsible for the surgical team and procedures. Signup and view all the answers

Which statement accurately reflects the employer-employee relationship in a hospital setting?

The employer has the right to control how and when the employee performs work Signup and view all the answers

What factor does NOT indicate a doctor being classified as an employee?

The doctor can choose their own patients. Signup and view all the answers

Study Notes

Physician-Patient Relationship

This relationship is considered contractual, involving both an offer and acceptance between physician and patient.
The relationship can be established through an express or implied contract.
An express contract is a formal agreement where the terms, rights, and responsibilities are agreed upon, typically in writing or orally.
An implied contract arises from the actions of the parties and the circumstances, creating an understanding of agreement without a formal written contract.
Informed consent is a critical aspect of this relationship, requiring a written, dated, and signed document outlining the nature, significance, implications, and risks of a procedure.
The patient must be fully informed and capable of making a free decision to consent to the treatment.
If a patient cannot write, oral consent may be given in exceptional circumstances with at least one witness.
The physician-patient relationship can be terminated by either party with reasonable notice.
Typical reasons for termination include a patient's recovery or death.
When a physician withdraws from a contract, they must provide reasonable notice for the patient to find alternative treatment.

Hospital-Patient Relationship

The relationship begins with a voluntary admission of the patient to the hospital.
Patients sign forms during admission agreeing to pay for treatment, establishing an express contract.
The relationship ends with discharge or when the patient leaves the hospital against medical advice.
Hospitals are not obligated to treat every patient arriving at their doors, except in emergency care situations.
Hospitals have a duty to assess whether a patient arriving at their doors can be treated at their facility or needs to be transferred for appropriate care.
Anti-Deposit laws require hospitals and physicians to stabilize patients in active labor or experiencing an emergency medical condition.
Upon stabilization, there are three choices: continue treatment, transfer the patient, or discharge them.
This relationship primarily focuses on the contract between the hospital and the physician, allowing the physician to bring patients for care.

Hospital and Physician Liability

Corporate negligence refers to the hospital's responsibility for ensuring the competency of its medical staff and evaluating the quality of care provided on its premises.
Vicarious liability holds the hospital responsible for the actions of its employees, including physicians, under the "diligence of a good father in the family" principle.
This means the hospital is liable for the mistakes of its doctors.
The Respondeat Superior Doctrine (Latin for "let the master answer") makes an employer liable for the actions of an employee within the scope of employment.
This doctrine is often applied to surgical situations, where the surgeon, considered the "captain of the ship," is directly responsible for any errors or negligence occurring during the procedure.
Credentialing Process: this process involves a rigorous evaluation of physicians to ensure competence and quality of care for patients.
The hospital can suspend or restrict a physician's medical privileges if there is imminent danger to patients or the integrity of care.
Employer-Employees Relationship: This relationship is crucial in medical administrative management as it encompasses the rights, responsibilities, and interactions between the employer and employee.
The hospital can be liable for the actions of a non-employee doctor under specific circumstances, especially if they had knowledge of the doctor's malpractice or if it was obvious and the hospital failed to address it.
Medical error is defined as a mistake by a healthcare professional that can lead to patient injury or death, and is considered a form of medical malpractice.
A doctor is more likely to be considered an employee rather than an Independent Contractor when the hospital controls their working hours, vacation time, sets their fees, and has policies on medical staff supervision.

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Description

Test your knowledge on the key aspects of the physician-patient relationship, focusing on contractual elements, informed consent, and termination processes. Understand the differences between express and implied contracts and the importance of patient autonomy. This quiz will help solidify your understanding of medical ethics in patient care.