What is the type of contract in which the agreement emerges from the conduct or assumed intentions of the physician rather than through written or oral words?
Implied contract. In this type of contract, the patient and the physician come to an agreement through signals for the assumed intention without any verbal or writings involved. The contact is perceived as legal and can be used for legal reasons.
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What can a physician be liable for if she discontinues care of a patient before the relationship is legally terminated?
A physician who discontinues care for a patient before the relationship is legally terminated is liable for negligence. In this case, the patient or the family can pursue legal action against the physician, as well as dismissal from service.
Which of the following is not a provision of EMTALA?
d) Education of Emergency Physicians. EMTALA provides for stabilizing treatment, transfers, enforcement and medical screening. EMTALA emphasizes quality care for the patients regardless of their financial capability.
4. Which of the following statements about the patient- physician relationship is(are) false?
a) Physicians can refuse to initiate a relationship with a patient even in an emergency when no other physician is available. It is inappropriate for the doctor to refuse treating patient in emergency when there is no other doctor. Doctors should ensure the patient stabilizes before they can add them over to another doctor.
5. Which of the following is (are) an exception to the “no right to admission “doctrine?
f) None of the above is an exception to the no right to admission doctrine. The no right admission covers serious cases involving legal issues and matters of national security. Is a person is declared not fit for admission by the court, they can be denied admission in hospitals.
6. Which of the following is not a legal approach to terminate a physician-patient relationship?
b) The physician cancels the patient’s appointment, after the physician was notified that the patient had filed a malpractice suit against him. Ethically, a medical practitioner is not supposed to react in a manner that poses’ dangers to the patient for such a reason.
7. Which of the following statements is true about the hospital-patient relationship?
d) Hospitals do not need to be concerned about whether stays last too long or end too soon. When a patient presents themselves at the hospital, the main objective of the medics is to have them treated to leave the hospital with an improved health, regardless of the time of stay.
8. Which of the following is not one of the four categories of hospital admission exceptions?
d) Duty of care. This is a legal or moral that concerns other people’s well-being. In the admission, this may be considered in hiring of physicians and not patients’ admission.
9. According to EMTALA, once a patient has been determined to have an emergency medical condition which of the following must occur?
e) Patient is stabilized and either treated at the hospital or transferred to another facility. Emergencies should be dealt with at the spot to stabilize their condition, and the decide whether to continue the treatment or transfer them after the stabilization.
10. Which of the following situations would suggest that a patient has a common law right to hospital admission?
c) Having been previously admitted and discharged from the hospital. This is because te patient possess documentation showing their medical attendance at the facility, and has the right to sue the hospital for refusal for admission.
11. Which of the following steps could a hospital take to limit its liability in case of a patient who wishes to leave against medical advice?
b) Require patients to sign an acknowledgement that they are leaving AMA. In this case, their will be an evidence showing the patient’s intentions to leave without being influenced by the hospital management.
12. Which of the following is an example of an express contract?
c) Internist who recommends a treatment after meeting with and hearing the patient’s medical symptoms. This indicates an agreement between two parties, which is the basis of a contract.
13. Which of the following would reduce the liability of a departing physician when terminating a patient relationship?
f) None of the above would reduce liability. A departing physician always need to add over the patient to another caregiver. So, none of the answers given would reduce the liability since no record is left to show that they left the client in the care of someone else.
14. Which of the following is (are) a pertinent question in minimizing liability for a patient leaving against medical advice?
b) Has the staff asked the patient to acknowledge, in writing, awareness of leaving against medical advice? The acknowledgement is a concrete evidence that indeed the patient left willingly. This reduces the liability of the facility concerning the act.
15. True or False? Courts have been consistent in finding that a phone consultation establishes a patient-physician relationship.
True. This is because of the convenience of a phone call rather that making physical visits. Additionally, the patient feels the care of the physician thus, creating a strong relationship.