Law, The Courts, and Contracts

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Law, The Courts, and Contracts

• Chapter 3

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Three Branches

• Legislative branch-
• Two houses of congress senate and house of
  representatives
• Congress originates legislation that becomes a
  law
• Some jobs may include impeachment

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2nd Branch

• Executive branch-
• President of US is chief executive and his/her
  appointed assistants and hired employees
• Responsible for administering law
• President can issue executive orders without
  approval of congress
• To create administrative agencies/change practice
  of existing
• To enforce laws passed by congress
• To make treaties with foreign powers
• Can offer pardons/propose budgets

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3rd Branch-

• Judicial branch-
• Federal judges and courts in each state
• Insure a system of checks and balances
• Keeps any group from having too much power
• Interprets laws/treaties

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How a Bill Becomes a Law

• Boy Gee, Bill, you certainly have a lot of
  patience and courage.Bill Well, I got this far.
  When I started I wasn't even a bill, I was just
  an idea.Some folks back home decided they wanted
  a law passed, so they calledtheir local
  Congressman, and said, "You're right, there
  oughta be a law."Then he sat down and wrote me
  out and introduced me to Congress. And Ibecame a
  bill, and I'll remain a bill until they decide to
  make me a law.
• I'm just a billYes I'm only a bill,And I got as
  far as Capitol Hill.Well, now I'm stuck in
  committeeAnd I'll sit here and waitWhile a few
  key Congressmen discussand debateWhether they
  should let me be a law.How I hope and pray that
  they will,But today I am still just a bill.
• Boy Listen to those Congressmen arguing! Is all
  that discussion and debate about you?Bill Yeah,
  I'm one of the lucky ones. Most bills never even
  get this far. I hope theydecideto report on me
  favorably, otherwise I may die.Boy Die?Bill
  Yeah, die in committee. Ooh, but it looks like
  I'm gonna live!Now I go to the House of
  Representatives, and they vote on me.Boy If
  they vote yes, what happens?Bill Then I go to
  the Senate and the whole thing starts all over
  again.Boy Oh no!Bill Oh yes!
• I'm just a bill

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Sources of Law

• Case law
• Set by legal precedent
• Begins with common law
• Based on customs and traditions
• Cases with similar circumstances

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Statutory Law

• Enacted by state or federal legislatures
• Individual laws in this body called statutes
• Bills may become law or presidents or governors
  may veto them
• When passed, the law may be amended, repealed,
  revised, or superseded by legislatures

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Administrative Law

• Statutes enacted to define specific powers and
  procedures when agencies are created
• Created by congress, the pres. Or state
  legislatures
• IRS
• SSA
• OSHA
• Regulations called substantive law

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Criminal Law

• Involves crime against state
• Government brings criminal charges against the
  alleged offender
• Murder, burglary, robbery, rape, practicing
  without license
• Feds-countrys borders, cross state lines,
  kidnappings
• Felony/misdemeanor
• Felony-punishable by death/imprisonment child
  abuse embezzlement
• Misdemeanors- fines/one year less
  prison-disturbing the peace-traffic

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Civil Law

• Crimes against people
• Trespassing, automobile accidents
• Divorce
• Plaintiff- complainer
• Prosecution-plaintiff/government
• Defendant-disputes the complaint

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Intentional Torts

• Intentional misconduct
• Injured person can seek remedy in civil suit
• Financially compensated for any harm done by
  tortfeasor (person guilty of committing tort)
  (civil wrong)

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Examples

• Assault-open threat of bodily harm
• Battery-action that causes harm, contact without
  permission
• Defamation of character
• False imprisonment
• Fraud
• Invasion of privacy

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Unintentional Torts

• Most common tort within health care delivery
  system
• Not intended to cause harm but committed
  unreasonably
• Constitutes negligence
• Failed to exercise ordinary care and patient is
  injured
• I didnt mean to!
• Malpractice

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Jurisdiction

• Power and authority given to courts to hear case
  and make judgment
• Bankruptcy
• Patents
• Trademarks

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I Am Taking It All the Way to Supreme Court!

• Bottom consists of local court
• Next is trial
• Appellate
• State supreme
• Supreme is the highest state court

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Contracts

• Voluntary agreement between two parties where
  specific promises are made
• Legally binding-must have four elements
• Agreement, consideration, legal subject matter,
  contractual capacity

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I Agree

• Must be communicated
• Made in good faith
• Clear enough to understand
• You accept Drs. Offer by scheduling
  appointments-contract complete when fee paid

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Consider This

• Something of value is bargained for part of
  agreement
• Show me the money!

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Subject Matter

• Contracts not valid and enforceable in court
  unless they are for legal services or purposes
• Void is Dr. did not have license
• Breach of contract if party fails to comply with
  terms

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Contractual Capacity

• Must be able to understand all terms and
  conditions
• Minors-under age of majority (18, 21)

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Expressed Contracts

• Written or oral
• Must be in writing
• Statute of Frauds states which must be writing to
  be enforced
• Third party payor contracts falls under above
• I will pay your bill
• Agreement must state fee, down payment, date due,
  amount, interest
• Copy given

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Truth In Lending Act

• Must supply the patient with written disclosure
  statement
• Protects consumers from fraud, hidden charges

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Fair Debt Collection Practice Act

• Requires debt collectors and creditors to treat
  debtors fairly
• Harassment
• Misrepresentation
• threats

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Implied ContractsMake Me Look Like Rachel and
Monica

• Conduct creates
• Going to ER
• Expect hair cut if sign hanging outside business
  says Haircuts

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Doctors Have Rights Too!

• Under no obligation to treat patients(use
  discretion, unless like hired to work ER)
• Set up practice within boundaries of his/her
  practice
• Setup office wherever he pleases
• Decide on services
• Not expected to restore to original state of
  health
• Know all things possible

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I Am Obligated As Your Dr.

• Treat all same
• Do my best
• Use professional judgment
• Do not experiment(Bart would)
• Provide instructions
• Give options
• Take precautions
• Advise against needless/unwise decisions

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Patients Rights

• Choose Dr
• If Not HMO
• Receive respectful/considerate care
• Receive information
• Know costs
• Have confidential relationship
• Refuse treatment

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Patient Implied Duties

• Follow instructions
• Cooperate
• Pay

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Termination of Contract

• When all treatment has been completed and bill
  paid
• Premature-
• Failure to pay
• Keep scheduled appointments
• Follow instructions
• Seeking services of another Doctor
• Physician must give formal notice and tell where
  they can go for further care

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Law of Agency-Promises Promises

• Employers liable for actions of employees
• Agent of employer
• Expressed or implied
• Most often implied
• Perform duties ordered by and supervised by the
  employer
• Respondent superior-Let the Master
  answer-physicians liable
• Dont make promises you cant keep!

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Homework

• Make sure you are doing journal-events
• Do reviews
• Read
• Respond
• What do you feel is the most important right of
  patients?(not personal rights!)
• Risk management assignment