1 00:00:00,000 --> 00:00:00,833 Hi, everyone. 2 00:00:00,833 --> 00:00:03,180 This week we're going to consider 3 00:00:03,180 --> 00:00:06,450 the essential elements of a contract. 4 00:00:06,450 --> 00:00:09,291 Basically what a contract needs to be valid 5 00:00:09,291 --> 00:00:11,103 and upheld by a court. 6 00:00:12,900 --> 00:00:15,240 We'll talk about the importance of contract law 7 00:00:15,240 --> 00:00:16,860 and how physicians, and patients, 8 00:00:16,860 --> 00:00:19,090 and hospitals all work together 9 00:00:20,190 --> 00:00:23,700 and sometimes use this mechanism. 10 00:00:23,700 --> 00:00:26,850 We'll also spend a little time thinking about compensation 11 00:00:26,850 --> 00:00:31,136 and tort law that can also affect physician, patient, 12 00:00:31,136 --> 00:00:34,560 and hospital-patient relationships. 13 00:00:34,560 --> 00:00:37,320 You'll also have your first assignment due this week, 14 00:00:37,320 --> 00:00:39,300 so make sure, submit your assignment 15 00:00:39,300 --> 00:00:42,720 by the end of Sunday for full points. 16 00:00:42,720 --> 00:00:46,080 As a reminder, you can submit up to three days late. 17 00:00:46,080 --> 00:00:49,320 However, I will deduct 10% for that. 18 00:00:49,320 --> 00:00:51,330 If you need an extension for the assignment, 19 00:00:51,330 --> 00:00:54,120 I will happily grant one, but you have to discuss with me 20 00:00:54,120 --> 00:00:55,293 before the due date. 21 00:00:56,730 --> 00:00:59,670 So this week we think about a couple of questions. 22 00:00:59,670 --> 00:01:01,590 One is, how do physicians 23 00:01:01,590 --> 00:01:04,203 and patients contract with one another? 24 00:01:05,040 --> 00:01:06,600 Do you make a contract every time 25 00:01:06,600 --> 00:01:07,980 you go to the doctor's office? 26 00:01:07,980 --> 00:01:11,433 Do you ever remember making a contract with your doctor? 27 00:01:12,810 --> 00:01:14,550 If we have a contractual relationship 28 00:01:14,550 --> 00:01:17,100 with our doctor or the hospital, 29 00:01:17,100 --> 00:01:18,840 what does that relationship entail 30 00:01:18,840 --> 00:01:21,840 and what happens when something goes wrong? 31 00:01:21,840 --> 00:01:23,070 To consider these questions, 32 00:01:23,070 --> 00:01:25,530 we have to review an important legal concept, 33 00:01:25,530 --> 00:01:26,973 which is contract law. 34 00:01:28,140 --> 00:01:31,560 Basically, the elements in contract law 35 00:01:31,560 --> 00:01:34,773 are offer, acceptance, and consideration. 36 00:01:35,730 --> 00:01:39,600 And these elements are needed for a contract 37 00:01:39,600 --> 00:01:42,150 to basically be enforceable. 38 00:01:42,150 --> 00:01:46,680 An offer is a clear expression of the party's willingness 39 00:01:46,680 --> 00:01:48,810 to enter into a contract. 40 00:01:48,810 --> 00:01:51,450 Acceptance is a clear expression of the agreement 41 00:01:51,450 --> 00:01:53,040 to the terms of the offer 42 00:01:53,040 --> 00:01:55,920 and consideration, something of value that is promised 43 00:01:55,920 --> 00:01:57,930 in exchange for the performance of an act 44 00:01:57,930 --> 00:02:00,150 or the forbearance of an act. 45 00:02:00,150 --> 00:02:04,560 So a valid contract that you would go to court 46 00:02:04,560 --> 00:02:07,440 and ask for a court to enforce, 47 00:02:07,440 --> 00:02:10,263 you would have to have these three basic elements. 48 00:02:11,370 --> 00:02:14,370 But there are actually other requirements 49 00:02:14,370 --> 00:02:16,260 to an enforceable contract as well. 50 00:02:16,260 --> 00:02:19,290 And you might see some of these around the readings. 51 00:02:19,290 --> 00:02:23,010 Capacity, so that you have to have that legal ability 52 00:02:23,010 --> 00:02:25,413 of both parties to enter into a contract. 53 00:02:27,660 --> 00:02:30,840 Consent, both parties must enter into the contract freely, 54 00:02:30,840 --> 00:02:34,800 without duress or coercion. 55 00:02:34,800 --> 00:02:38,190 Purpose, the contract must have a lawful objective, right? 56 00:02:38,190 --> 00:02:40,830 You can't have a contract to do something illegal 57 00:02:40,830 --> 00:02:42,900 that would be enforceable. 58 00:02:42,900 --> 00:02:45,660 And there's also the formality requirement. 59 00:02:45,660 --> 00:02:49,500 So a contract can be written and or can be oral, 60 00:02:49,500 --> 00:02:52,860 but certain contracts will have to have 61 00:02:52,860 --> 00:02:57,860 a formal element of writing to be enforceable. 62 00:02:59,280 --> 00:03:01,290 Now, when you think about medical malpractice, 63 00:03:01,290 --> 00:03:03,540 and that's something that comes up this week, 64 00:03:04,950 --> 00:03:09,180 medical malpractice can be both violation of contract 65 00:03:09,180 --> 00:03:11,700 and a form of tort law. 66 00:03:11,700 --> 00:03:14,460 We'll talk a little bit about intentional torts this week, 67 00:03:14,460 --> 00:03:17,360 and then we will continue a discussion next week of torts. 68 00:03:18,210 --> 00:03:19,740 In terms of contract law, 69 00:03:19,740 --> 00:03:21,180 a patient and a healthcare provider 70 00:03:21,180 --> 00:03:23,490 may have a contract for services. 71 00:03:23,490 --> 00:03:26,160 If the healthcare provider fails 72 00:03:26,160 --> 00:03:28,290 to provide the agreed upon services, 73 00:03:28,290 --> 00:03:29,580 or provides them in a manner 74 00:03:29,580 --> 00:03:32,163 that falls below the standard of care, 75 00:03:34,080 --> 00:03:36,243 they can be in breach of contract. 76 00:03:37,170 --> 00:03:40,620 However, medical malpractice can also be understood 77 00:03:40,620 --> 00:03:44,103 and is more often understood as a type of tort law, 78 00:03:45,240 --> 00:03:47,763 as it involves a duty to care. 79 00:03:48,960 --> 00:03:50,520 It involves a duty of care 80 00:03:50,520 --> 00:03:54,303 for the healthcare provider to the patient. 81 00:03:55,380 --> 00:03:57,070 And so when that is breached 82 00:03:58,050 --> 00:04:01,680 and there is harm to the patient, there's a tort. 83 00:04:01,680 --> 00:04:06,360 The duty of care is imposed by law 84 00:04:06,360 --> 00:04:08,940 rather than by agreement of the parties. 85 00:04:08,940 --> 00:04:12,723 So you can have a tort without having a contract. 86 00:04:13,650 --> 00:04:16,560 In some cases, both contract and tort law apply 87 00:04:16,560 --> 00:04:19,473 and would sue under both theories, 88 00:04:21,210 --> 00:04:23,880 and the injured party may choose 89 00:04:23,880 --> 00:04:27,420 to pursue one or both claims, 90 00:04:27,420 --> 00:04:29,343 matters which might be stronger. 91 00:04:30,480 --> 00:04:33,630 Malpractice is a type of professional negligence 92 00:04:33,630 --> 00:04:35,520 by a healthcare provider, 93 00:04:35,520 --> 00:04:38,613 can be doctor, nurse, hospital, 94 00:04:39,660 --> 00:04:41,850 in which the treatment really falls 95 00:04:41,850 --> 00:04:45,000 under an acceptable standard of care 96 00:04:45,000 --> 00:04:46,743 and causes harm to the patient. 97 00:04:47,820 --> 00:04:50,673 So this can include misdiagnosis, 98 00:04:52,415 --> 00:04:55,773 failure to diagnose, improper treatment, 99 00:04:56,880 --> 00:04:59,010 delay in treatment. 100 00:04:59,010 --> 00:05:01,290 To prove medical malpractice, 101 00:05:01,290 --> 00:05:02,340 it must be established 102 00:05:02,340 --> 00:05:04,350 that a healthcare provider had this duty 103 00:05:04,350 --> 00:05:06,870 to provide a certain level of care. 104 00:05:06,870 --> 00:05:09,330 There was a breach of that duty, 105 00:05:09,330 --> 00:05:12,540 and the breach caused harm to the patient. 106 00:05:12,540 --> 00:05:15,000 So just like in contract law 107 00:05:15,000 --> 00:05:17,700 that we discussed a couple seconds ago, 108 00:05:17,700 --> 00:05:21,210 tort law has these elements 109 00:05:21,210 --> 00:05:23,910 that are very important if you are to find 110 00:05:23,910 --> 00:05:26,250 that a tort has occurred. 111 00:05:26,250 --> 00:05:29,673 So we will talk more in depth about torts next week. 112 00:05:30,690 --> 00:05:34,350 Otherwise, thanks, and I'll see you in the discussion forum. 113 00:05:34,350 --> 00:05:36,723 Don't forget to submit your assignment.