Patient's Rights 

Hint: 6 statements

1. Right to confidentiality
2. Right to give informed consent
3. Right to privacy
4. Right to be informed of advantages and potential risks of treatment
5. Right to refuse treatment
6. Confidentiality (HIPAA)

Living will

Durable power of attorney

Uniform Anatomical Gift Act

True or False

A patient cannot revoke advanced directives, once signed

False

They can revoke the documents at any time

True or False

A patient's family cannot consent on the deceased patient's behalf to donate organs

False

A family may consent!

1. Informed (expressed) consent
2. Implied consent

What kind of consent is this statement:

'Patient agrees to course of treatment after being told consequences of having or not having certain procedures and treatment'

What kind of consent is the following statement:

'Signature indicates patient understands limits or risks involved as explained by physician'

1. Diagnosis
2. Nature of proposed treatment
3. Advantages and risks of treatment
4. Alternative treatments available to patient
5. Potential outcomes of treatment
6. What might occur-risks and benefits-if treatment is refused

Patient indicates by behavior that he or she accepts procedure

i.e. offers arm to have blood sample drawn

When medical treatment is provided to a patient who is unconscious and/or cannot respond.  

What is this called?

1. Need not inform of commonly known risks
2. Need not inform if disclosure of risks may be detrimental to patient
3. Need not inform if patient asks physician not to disclose risks
4. Not required to restore patients to original health
5. Cannot elicit cure for every patient
6. Cannot guarantee successful results of every treatment

1. Adult patients conscious and mentally capable have right to refuse any medical or surgical treatment
2. Refusal must be honored no matter what patient's reasoning
3. Failure to respect right of refusal could result in liability for assault and battery

Describe 2 statements for the

Physician-Patient Relationship

1. Both must agree to form relationship for there to be contract for services (implied contract)
2. Under contract for services, patent can expect doctor to provide medical service for as long as necessary

1. Right to select patients
2. Right to refuse service to patients
3. Right to determine type of services provided
4. Right to be paid for services rendered
5. Right to withdraw from relationship
6. Right to vacation and time off

1. Cannot ethically or legally turn away patient in an emergency situation
2. If unable to treat patient, then must call for emergency assistance
3. Patients cannot be turned away if indigent or uninsured

Define the Duty to Treat Indigent Patients

(under: Professional Practice Responsibilities)

1. Dumping Crisis
2. Emergency Medical Treatment & Active Labor Act (EMTALA)

           * Amendment under the Comprehensive Omnibus Budget Reconciliation Act (COBRA)

           * Does not mandate treatment but does require stabilization in an emergency

Describe the 4 statements included in the

Duty Not to Abandon a Patient

1. Once physician agrees to take care of patient, contract may not be improperly terminated
2. Physician may be charged with abandonment if formal notice of withdrawal is not given
3. Physician must allow patient time to seek service of another physician
4. Licensed healthcare providers are also subject to this principle

True or False

Patients can discharge themselves 'against medical advice'

True

1. Unethical to refuse to treat, work with, or provide housing for person who is HIV-positive or has AIDS
2. Physician, by law, must make full report to state about any patient who is HIV-positive or has AIDS

1. Injury could not have occurred w/out negligent act
2. Defendant had direct control over cause of injury
3. Patient did not and could not contribute to the injury

aka Exemplary damages

Monetary awarded by court to person harmed in malicious and willful way; meant to punish offender

Plaintiff must prove defendant did wrongful or negligent act

** Most common defense **

Prevents plaintiff from recovering damages if plaintiff voluntarily accepts a risk associated with the activity

i.e. patient was told of risks and said yes, but did not sign document

• Conduct on part of plaintiff that contributes to cause of injuries
•  
• Complete bar to recovery of damages; plaintiff will receive no monetary damages

• Similar to contributory negligence
• Plaintiff's own negligence helped cause injury
• Not a complete bar to recovery of damages; based on the amount of defendant's fault

• Set time period for injured party to file lawsuit
• Statute of limitations does not begin to 'run' until injury is discovered

• Means: 'the thing has been decided' or 'a matter decided by judgement'
• Once the court decides a case, plaintiff cannot bring new lawsuit on same subject