Section 1.
Dan, a medical assistant in a busy clinic, is a sympathetic and understanding employee. Therefore, when an elderly patient complains to him that she “feels terrible most of the time,” he replies compassionately to her. He says, “Don’t worry, Mrs. Jones, Dr. Smith will make you feel better in no time.”
- How might Dan’s comment create an implied contract with Mrs. Jones?
- How might you respond to Mrs. Jones?
Section 2.
Please answer the following questions.
1. Why must a physician give a patient ample notice when withdrawing from a case?
2. Why are medical staff by-laws often considered a contract?
3. What problems can you see with Mrs. Thomas, who has dementia and has just signed a consent form for a procedure to be performed in the morning?
Expert Solution Preview
Introduction:
As a medical professor, I will provide answers to the questions in this content. In Section 1, Dan’s comment to Mrs. Jones and how it creates an implied contract will be discussed. Moreover, an appropriate response to Mrs. Jones will also be provided. In Section 2, the importance of a physician giving a patient ample notice when withdrawing from a case, why medical staff by-laws are considered a contract, and potential problems with Mrs. Thomas, who has dementia and signed a consent form, will be discussed in detail.
Section 1:
1. How might Dan’s comment create an implied contract with Mrs. Jones?
Dan’s comment to Mrs. Jones might create an implied contract because he is a medical assistant in a busy clinic, and she placed her trust in him when she complained about her health. Mrs. Jones expects Dr. Smith to make her feel better and believes that Dan’s statement guarantees that. Even though Dan did not explicitly state that Dr. Smith would treat her, his comment creates an expectation in Mrs. Jones that puts Dr. Smith under an obligation to treat her. Thus, Dan’s words could be interpreted as an implied contract that can put Dr. Smith’s credibility and professional identity at risk.
2. How might you respond to Mrs. Jones?
A more appropriate response to Mrs. Jones would be a noncommittal statement that would temper her expectations without providing false hope. For instance, Dan could say something like “I am sorry that you feel that way. I will let Dr. Smith know, and he will consult with you shortly.” This response avoids making promises that Dr. Smith may not be able to fulfill and does not create an implied contract between the patient and the medical staff.
Section 2:
1. Why must a physician give a patient ample notice when withdrawing from a case?
A physician must give a patient ample notice when withdrawing from a case for several reasons. Firstly, withdrawing from a case could cause the patient to experience undue stress and anxiety. Secondly, it could compromise the continuity and quality of care given to the patient, which could be detrimental to their health. Thirdly, abrupt withdrawal from a case could be seen as a sign of unprofessionalism on the part of the physician and could lead to disciplinary action by medical boards.
2. Why are medical staff by-laws often considered a contract?
Medical staff by-laws are often considered a contract because they outline the expectations, responsibilities, rights, and obligations of medical staff members in a hospital or medical facility. By agreeing to work and abide by the by-laws, the staff members enter into a legal agreement with the hospital or facility that holds them accountable for their actions. The by-laws are often enforceable in a court of law and serve as the basis for the professional conduct and standards of medical staff.
3. What problems can you see with Mrs. Thomas, who has dementia and has just signed a consent form for a procedure to be performed in the morning?
Mrs. Thomas, who has dementia and has just signed a consent form for a procedure to be performed in the morning, presents several problems. Firstly, the ability of Mrs. Thomas to understand and make informed decisions regarding her health may be compromised due to her condition. Secondly, her decision-making abilities may fluctuate, and she may not be able to retain information for long periods, which can lead to misunderstandings of the procedure and its risks. Finally, if something goes wrong during the procedure, it may be challenging to determine if Mrs. Thomas gave informed consent, leading to potential legal and ethical issues for the medical staff involved.
