Chp. 4 - Law, the Courts and Contracts

What are the 3 branches of Federal Govt?

Legislative Branch (Congress)
Executive Branch (President)
Judical Branch (Supreme Court)

Legislative Branch

Congress; Senate(2 per state) and House of Representatives (435)
- Write, debate, and pass bills

Executive Branch

President; Executive orders become law without approval of Congress

Judicial Branch

Supreme Court; Interprets and oversees laws

What are the 3 branches of State Govt?

Legislative, Executive, and Judicial

Four types of Law

1. Constitutional
2. Case
3. Statutory
4. Administrative

Constitutional Law

Based on U.S. constitution

Case Law

Set by legal precedent; Begins with common law

Powers of National(Federal) Govt

- Print money
- Regulate interstate(between states) and international trade
- Make treaties and conduct foreign policy
- Declare war
- Provide an army and navy
- Establish post offices
- Make laws necessary and proper to carry out the above powers

Powers of State Govt

- Issue licenses
- Regulate intrastate(within state) businesses
- Conduct elections
- Establish local govts
- Ratify amendments to Constitution
- Take measures for public health and safety
- May exert powers the Constitution does not delegate to nation go

Common Law

Body of unwritten law originally formed in England; primarily from judicial decisions based on custom and tradition

Statutory Law

Law passed by state or federal legislatures (U.S. congress)

Administrative Law

Enacted to define specific agency powers and procedures when agency is created
- EX: IRS, OSHA, and Social security

Classifications of Law (4)

After laws are created, they are classified by type
- Substantive, Procedural, Criminal, Civil

Substantive law

Written law that defines and regulates legal rights and obligations
Ex: criminal laws- murder, arson, armed robbery
civil laws- allow individuals to sue people

Procedural law

Defines rules used to enforce substantive law
- Miranda Rights

Criminal law

Law involving crimes against STATE
- murder, robbery, arsenal, rape, larceny, mayhem, and practice medicine without license

Civil law

Law involves wrongful acts against PERSON
- People can sue another person, business, or govt

Types of Criminal Law

Felony and Misdemeanor

Felony

More serious; An offense punishable by death or by imprisonment in a state or federal prison for MORE than 1 year
Ex: abuse, arson, burglary, conspiracy, fraud, embezzlement, illegal drug dealing, manslaughter, murder, rape, robbery, tax evasion

Misdemeanor

Less serious; A crime punishable by fine or by imprisonment in a facility other than a prison for LESS than 1 year
Ex: traffic violations, thefts under certain amount of dollar, attempted burglary, and disturbing peace

Type of Civil Law

Tort

Tort

- Civil wrong committed against a person or property excluding breach of contract
- Must involve injury, damage to property, or deprivation of civil liberties
- May be intentional(willful) or unintentional(accidental)

Tortfeasor

Person guilty of committing a tort

Intentional torts

When one person intentionally harms another
Ex: Assault, battery, defamation of character, fraud, false imprisonment, and invasion of privacy

Unintentional torts

Acts that are not intended to cause harm but are committed unreasonably or with a disregard for consequences; Negligence

Negligence

One may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances

Evidence of Medical Malpractice

- Expert testimony
- Existing federal and state laws
- Hospital by laws
- Custom and community practice
- Accreditation standards

The Court System consist of

Jurisdiction, Federal Courts, and State courts

Jurisdiction

Power to hear and decide a case before it

Federal Courts

Jurisdiction over federal law such as antitrust, federal crimes, patents, and fraud in Medicare/Medicaid

State Courts

Each state slightly differ; Structure includes local courts, trial courts, appellate courts, and state supreme court

Players in Court Scene

Plaintiff, Prosecution, Defendant

Prosecution

Govt as plaintiff in criminal case

Contract

Voluntary agreement between two parties in which specific promises are made for consideration

4 Elements of Contract

Agreement- Makes offer and accept
Consideration- Something of value is bargained
Legal subject matter- yes or no
Contractual capacity- understand terms and conditions

Types of Contracts

Expressed contracts
Implied contracts

Expressed contracts

Written or oral agreement in which all terms are explicitly state
- Valid contract

Implied contracts

Unwritten or unspoken agreement whose terms result from actions of parties involved

Termination of Contracts between physician and patient

- Failure to pay for services
- Failure to keep appointments
- Failure to follow physician instructions
- Patient seeks services of another physician

Rights of Physicians

- Make reasonable limitations on physician-patient relationship
- Set up a practice based on credentials
- Set up an office and determine hours
- Specialize
- Decide what services will be provided and how they will be provided

Patient Rights

- Considerate and respectful care
- Information on diagnosis, treatment, and prognosis
- Information to give informed consent
- Refusal of treatment
- Confidentiality
- Continuity of care
- Knowledge of hospital rules

Implied duties of Patient

- Follow physician instructors and cooperate as well as able
- Give all relevant information to physician to form diagnosis
- Follow physician orders for treatment
- Pay fees for services rendered

Laws Governing payment of fees for Service

- Third party payer contract
- Fair Debt collection practices act
- Implied contracts
- Managed care plan contracts

Physician is not bound to

- Treat every patient who seeks medical care
- Restore the patient original state of health
- Guarantee successful results of treatments or operation
- Be free from mistakes of judgments
- Make correct diagnosis
- Possess highest skills
- Be as skilled as

Law of agency

Law that governs the relationship between principal and his or her agent; May be expressed or implied

Respondeat superior

Doctrine which employer is legally liable for acts of his or her employees; "Let the master answer.