Hi, everyone.
This week we're going to consider
the essential elements of a contract.
Basically what a contract needs to be valid
and upheld by a court.
We'll talk about the importance of contract law
and how physicians, and patients,
and hospitals all work together
and sometimes use this mechanism.
We'll also spend a little time thinking about compensation
and tort law that can also affect physician, patient,
and hospital-patient relationships.
You'll also have your first assignment due this week,
so make sure, submit your assignment
by the end of Sunday for full points.
As a reminder, you can submit up to three days late.
However, I will deduct 10% for that.
If you need an extension for the assignment,
I will happily grant one, but you have to discuss with me
before the due date.
So this week we think about a couple of questions.
One is, how do physicians
and patients contract with one another?
Do you make a contract every time
you go to the doctor's office?
Do you ever remember making a contract with your doctor?
If we have a contractual relationship
with our doctor or the hospital,
what does that relationship entail
and what happens when something goes wrong?
To consider these questions,
we have to review an important legal concept,
which is contract law.
Basically, the elements in contract law
are offer, acceptance, and consideration.
And these elements are needed for a contract
to basically be enforceable.
An offer is a clear expression of the party's willingness
to enter into a contract.
Acceptance is a clear expression of the agreement
to the terms of the offer
and consideration, something of value that is promised
in exchange for the performance of an act
or the forbearance of an act.
So a valid contract that you would go to court
and ask for a court to enforce,
you would have to have these three basic elements.
But there are actually other requirements
to an enforceable contract as well.
And you might see some of these around the readings.
Capacity, so that you have to have that legal ability
of both parties to enter into a contract.
Consent, both parties must enter into the contract freely,
without duress or coercion.
Purpose, the contract must have a lawful objective, right?
You can't have a contract to do something illegal
that would be enforceable.
And there's also the formality requirement.
So a contract can be written and or can be oral,
but certain contracts will have to have
a formal element of writing to be enforceable.
Now, when you think about medical malpractice,
and that's something that comes up this week,
medical malpractice can be both violation of contract
and a form of tort law.
We'll talk a little bit about intentional torts this week,
and then we will continue a discussion next week of torts.
In terms of contract law,
a patient and a healthcare provider
may have a contract for services.
If the healthcare provider fails
to provide the agreed upon services,
or provides them in a manner
that falls below the standard of care,
they can be in breach of contract.
However, medical malpractice can also be understood
and is more often understood as a type of tort law,
as it involves a duty to care.
It involves a duty of care
for the healthcare provider to the patient.
And so when that is breached
and there is harm to the patient, there's a tort.
The duty of care is imposed by law
rather than by agreement of the parties.
So you can have a tort without having a contract.
In some cases, both contract and tort law apply
and would sue under both theories,
and the injured party may choose
to pursue one or both claims,
matters which might be stronger.
Malpractice is a type of professional negligence
by a healthcare provider,
can be doctor, nurse, hospital,
in which the treatment really falls
under an acceptable standard of care
and causes harm to the patient.
So this can include misdiagnosis,
failure to diagnose, improper treatment,
delay in treatment.
To prove medical malpractice,
it must be established
that a healthcare provider had this duty
to provide a certain level of care.
There was a breach of that duty,
and the breach caused harm to the patient.
So just like in contract law
that we discussed a couple seconds ago,
tort law has these elements
that are very important if you are to find
that a tort has occurred.
So we will talk more in depth about torts next week.
Otherwise, thanks, and I'll see you in the discussion forum.
Don't forget to submit your assignment.