1. Review the Alexander Hamilton quotation at the beginning of this chapter.

Published on: August 19, 2024


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Based upon the material you have just read, list the questions that come to mind regarding the phrase ""punctual performance of contracts.""

2. Give examples of implied and express consent to medical treatment in a hospital emergency room situation.

3. A patient has just been informed by the physician that she must have a hysterectomy and that there is a question of malignancy. As she leaves the office and you schedule her for hospital admission, she comments: ""The doctor makes me feel so good about this. She says that I will be out of the hospital in four days and on my own within a week. Isn't she a wonderful person? She says that I will be completely cured following my surgery."" How would you handle this situation?

4. A 16-year-old male comes to the office without an appointment and asks to see the physician because he thinks that he has AIDS. He does not wish to give you his name, parents' names, or address. You have seen him around town and know that he is a local resident. The physician is not available, but you expect her within an hour. As the agent of the physician, what is your responsibility in this situation?

5. A 15-year-old girl comes to the office with a diagnosis of first- trimester pregnancy. A year ago, she visited the physician twice, and then miscarried. There is an outstanding fee to be collected from the patient. Her parents are also patients of the physician but do not know that their daughter is pregnant. It is your job to collect the fees from patients. What would you  as an agent of the physician in this situation?

6. A woman and a 15-year-old minor present at your office for medical care. The woman declares she is the minor's conservator, and she shows you a court document that confirms this. Can she consent to medical treatment on behalf of the minor? How would you handle this situation?"

1. Measures of contract performance – punctuality – questions to ask

 Alexander Hamilton's quotation about the "punctual performance of contracts" may raise several questions:Alexander Hamilton's quotation about the "punctual performance of contracts" may raise several questions:

 

 Determining the elements that qualify a performance as ‘punctual’ within the context of medical contracts.

 Compliance with timelines and deadlines is a critical feature of contracts in the healthcare sector and can be as follows:

 Is there any legal action that a party can take against the other that refuses to fulfill their obligations promptly?

 Are there certain provisions in the healthcare contracts that set out the timelines for performance of certain tasks?

 There will always be some consequences that a healthcare provider or a healthcare institution will pay for not availing the treatment or not delivering service to the expected quality.

 Punctual performance: What does it mean to the patients and their confidence in the healthcare practitioners?

 2. Surrogate Consent to Medical Treatment

 Implied Consent:

 In a hospital emergency room situation, conscious, a patient may be unconscious, or incapacitated and this consent is considered to be implied. The decision might be made in the car accident case where the patient is a man with no pulse; doctors give him cardiopulmonary resuscitation on the assumption that the man would have agreed to the treatment if he could speak.

 

 Express Consent:

 Informed consent is when a patient willingly acknowledges and accepts a certain treatment before being treated after being told the associated hazards, advantages, and other accessible choices. Express consent can occur in the following ways, for example when a patient with a broken arm who is conscious and coherent will nod in acceptance of the physician’s proposition to have the arm set and treated after explaining the process.

 

 3. Dealing with Patient’s Distorted Perception of prognosis

 In this situation, it is useful to explain the situation and get to the bottom of the information with the patient while, at the same time, not erode the patient’s confidence in the physician. Here’s how to approach it:Here’s how to approach it:

 

 Acknowledge the Patient’s Feelings: Begin the response with concern and respect towards the patient and how they feel because the doctor was optimistic about it.

 Clarify the Prognosis: Kindly bring it to the understanding of the patient that the doctor is optimistic about the treatment and the surgery itself but any surgery comes with certain level of risks and the outcome can never be guaranteed.

 Encourage Questions: Advise the patient to convey bluntly his or her worries and doubts to the physician regarding the condition in question and make sure that the patient is grounded well.

 For example: “I am glad that you are confident with the kind of treatment that you are receiving IVF is really helpful, especially for older patients such as yourself, I hope that you understand that while the doctor is highly experienced, every surgery has some risks I hope if you have questions or concern you get the chance to talk to the doctor. ”

 

 4. Processing the Request of the 16 Year Old Male

 As an agent of the physician, your responsibility is to:As an agent of the physician, your responsibility is to:

 

 Ensure Confidentiality: The privacy of the patient should not be intruded by forcing from him information that he does not wish to disclose.

 Provide Support: Provide the patient a place to wait and let him know that the physician will attend to him without need of the card which may embarrass him.

 Document the Interaction: They have to greet the patient and acknowledge the fact that he asked for a consultation in a non-accusatory and non-judgmental way and without compromising patients right to privacy.

 Prepare for the Physician’s Arrival: Inform the physician about the patient’s concerns before she joins the team in order that she has an understanding of the circumstances when she arrives.

 For example: “You may wait here until the doctor comes in. I will inform her that you are here with some issues that we care to talk about here. If you wish to disclose more information when the doctor is present she will be able to help you better. ”

 

 5. Charging and billing the 15 year old pregnant patient

 In this situation:

 

 Respect Patient Confidentiality: It is unlawful to reveal a patient’s condition or any charges which are still payable to the patient’s parents unless the patient agrees.

 Seek Payment Options: Thoroughly explain the outstanding fee politely and find out whether the patient has any questions or concerns regarding payments that she would like to ascertain the confidentiality of the matter of payment.

 Involve the Physician if Necessary: If the patient cannot pay or the matter is delicate, involve the physician to know how to handle the treatment and the payment or come up with an option like installment.

 Document the Encounter: Be very keen when taking down the details of the conversation and the arrangements made for payment.

 For example: ‘I know paying these fees can be a problem sometimes and we can look at some things that may help you out a bit If you so wish, we may involve the doctor to perhaps find out what may be more convenient for you. ’

 

 6. Consent of the Conservator of the minor

 This is based on a court document that a woman produces to show that she is the conservator of a 15-year-old minor – he was right; a woman has the legal right to consent to medical treatment for a minor in her custody. Here’s how to handle the situation:Here’s how to handle the situation:

 

 Verify the Document: However, take time and search for the validity of the legal document presented in court to be sure that she has the power to give consent on the various medical procedures being planned.

 Document the Consent: Reporting: It is recommended that the consent is made in the minor’s record and supporting document such as the copy of the court order is attached.

 Proceed with Care: Continue with the treatment with a probation that all medical decisions and consent be made as is in the best interest of the minor according to the conservator.

 For example: ‘This court document is very much appreciated Indeed, we will scan this and attach it to the clients’ medical record As for the medical treatment required, with your permission, we can go ahead and perform the necessary procedures. ”

 

 Conclusion

 These scenarios deliver awareness of the legal and ethical aspects as prime focuses in healthcare organizations including aspects such as patient consent, patient confidentiality, and communication. Both conditions present a conflict of interest insofar as rights patients have, and the quality of care they received.

 

 References

 American Medical Association. (2021). Informed Consent. Retrieved from AMA website

 Beauchamp, T. L. , & Childress, J. F. (2019). As a matter of fact, Beauchamp and Walters Principles of Biomedical Ethics (8th edition) identifies the next. Oxford University Press.

 Legal Information Institute. (2021). Consent to Medical Treatment. Cornell Law School. Retrieved from LII website


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