Question

1.         Describe how the physician-patient relationship is like a contractual relationship:

2.         Describe how the physician-patient relationship is not like a contractual relationship:

3.         Identify at least two situations where a provider has a duty to treat?

4.         What term is used to describe a situation where a provider refuses to treat, when a duty to do so exists, or improperly withdraws from treatment?

5.         What is the duty to protect or duty to warn in mental health and what theory does it advance:

6.         What is informed consent?

            a.         A handwritten document prepared by the patient.

            b.         A computer generated form prepared by the provider and signed by the patient.

            c.         A computer generated form prepared by a hospital and signed by the patient.

            d.         None of the above.

7.         What public policies are served by the “Doctrine of Informed Consent:”

8.         Must a provider always obtain express consent to medical procedures? Explain your answer:

9.         What are three consequences of a physician failing to obtain informed consent:

10.       Identify three areas under Ohio law which require or permit a physician to disclose confidential patient information to third parties without consent of the patient:

Answer 1

1. In a modern libertarian society, contractual relationships cover a wide range of human transactions and interactions in which both client and physician agree freely and voluntarily as autonomous agents on particular undertakings with specific intrests, purposes and goals in mind. In many private and corporate health institutions the contractual nature of patient physician relationships are readily visible.

It is the starting point for analysis of tort duties in a patient physician relationship and is having certain advantages like:

- it infuses strong sense of equality, symmetry, and mutuality

- each party uses the contract to his or her own ends and advantages

- it provides or refers explicit contractual terms that are legally enforceable, it affords formal protection for parties in a PPR.

2. Contractual models have been criticized for promoting a legalistic and minimalistic image of the relationship, such that another form of model is required. Shifting from contractual to collegial model explains that patient physician relationship are more than a contract. In this model patient and physician are colleagues attempting to pursue a common goal. In this relationship they treat each other as equal and they can gain trust and confidence on each other. Both are respected and expected to contribute important information in an effort to agree on a specific treatment plan. Unlike in contractual model the relationship can not be brokendown by breaking contract.

3. Physician can perform his legal duties during an emergency, pandemic situations and certain standard of skill and care to their existing patients.

4. Negligence is a term used to explain the violation of a duty enjoined by law for the protection of person or property so constitutes.