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The Treatment Relationship:
Formation and Termination
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The Duty to Treat-Hurley v.
EddingfieldPage 1!
What are the facts of Hurley v. Eddingfield?
Legal duty vs. ethical duty (see note 1, pg. 128)Suppose the doctor had een in the patient!s
"#$. #ight this have %ade a difference?
What does this case tell us aout the lin&age
et'een availale care and coverage?
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The Duty to TreatWilmington General
Hospital v. Manlove-Page 121
What are the facts of Wilmington General Hospital v.Manlove? id the nurse provide a sufficient ustification for refusing
treat%ent?
What significance %ight attach if, contrary to the facts, thenurse had ta&en the child!s te%perature, felt his forehead orloo&ed do'n his throat?
What significance attaches to the fact this is a private hospital? *%ergency vs. non+e%ergent care #ust a private hospital provide e%ergency care?
Why %ight doctors and hospitals e held to a differentstandard?
See note , pg. 12-
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The Duty to Treat
Should the %oral oligation to rescue in
e%ergencies rise to the level of a legal dutysuch that a hospital has a duty to treat?
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The Duty to Treat--Wideman v. Shallowford
Community Hospital-Page 12
What are the facts of this case?
s their a general constitutional right to %edicaltreat%ent?
/re their circu%stances 'here such a right %ay
arise? 0special or other custodial relationship
f there is a right to e%ergency health care,
'hy not a right to all health care?
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"ummary of #otes: Pg. 1$
o duty to treat rule consistent 'ith co%%on la' no
duty to rescue. #any states have ood Sa%aritan
statutes to reverse this rule in li%ited circu%stances
Spells of illness doctrine3 $nce treat%ent of illness
stops, ne' relationship %ust co%%ence
uty %ay e4ist as a result of contract3 With hospital (on call doc)!
"#$ or other insurer
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"ummary of #otes: Pg. 1$
While private hospital li&e'ise %ay have no duty totreat3 f it %aintains an e%ergency roo%, or s re5uired y la' to have one,
uty can e4ist.
"ospitals duty to treat %ay e li%ited as result of3 t eing a specialty hospital
0no roo% at the inn6
So%e courts treat hospitals as 05uasi+pulic institutions'ith a duty to treat
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The Duty to Treat%urditt v. DHH"-
Page 1&'
What are the facts of this case? What does *#7/L/ re5uire?
Screening
Stailiation97ransfer
What does the court hold? #ust futile care e provided even if necessary to
stailie? :ay ; case (pgs. 1
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E(T)*) "ummary
*#7/L/ violations can result in loss of
#edicare 5ualification @ailure to treat 'here duty to treat e4ists can
result in oth *#7/L/ violations
#alpractice
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+rongful Reasons to Re,et
Patients
ondiscri%ination principle relating to race,
se4, religion, disaility.
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+rongful Reasons to Re,et Patients
" v. niversity Hospital-Page 1/!
What are the facts of this case?
What is the asis of the govern%ent!s 0other'ise
5ualified6 clai%?
"o' does the court respond? o you agree 'ith the court!s 0other'ise 5ualified6
argu%ent?
What aout its argu%ent relating to the co%ple4ity of
%edical decision %a&ing?
What aout is use of legislative history?
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+rongful Reasons to Re,et Patients
" v. niversity Hospital-Page 1/!
What does the court hold?
/ct doesn!t apply to %edical decisions
/ct doesn!t apply to parental decisions affectingchildren
iscri%ination prohiited only 'here handicap isunrelated to, and thus i%proper to consideration of,
the services in 5uestion, pg. 1=2 Where the handicapping condition is related to the
condition to e treated, it 'ill rarely, if ever, epossile to say 'ith certainty that a particularcondition 'as discri%inatory.
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+rongful Reasons to Re,et
Patients" v. niversity Hospital
What aout loo&ing at relatedness as the ailityto enefit fro% treat%ent?
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+rongful Reasons to Re,et Patients
Glan! v. "erni#$- Page 1%
What are the facts of this case?
o you thin& doctors should e per%itted toconsider the ris& to the%selves 'hen
considering 'hether or not to treat disaled
patient?
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+rongful Reasons to Re,et
Patients-+al0er v. Piere-Page 1/$
What are the facts of this case?
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"truture of the Treatment Relationship-lanton2 Reynolds and *yon-- Pages 13&-
13$
What is the the%e of this case and Aeynolds
and Lyon?What are the facts of this case and 'hat does
the court hold?
s it possile to create the doctor+patient
relationship y a telephone call?
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"ummary of #otes2 Pg. 13$
So%e courts %odify the no doctor+patient relationshipfro% curside consults y holding there is a duty (and
potential liaility) to the e4tent of the involve%ent in theconsultation
enerally, physicians doing e%ploy%ent or insurancephysicals do not estalish a doctor+patient relationship *4cept for findings posing an i%%ediate danger
*4a%iner volunteers treat%ent advice
octor %ay have 0duty6 to third parties (not theirpatients) that if reached can result in liaility Bicti%s of torts y patients
@ailure to 'arn patient of har% to others through contact
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*imiting the "ope of the TreatmentRelationshipTun0l v. Regents of the
niversity of alifornia-Page 1'
What are the facts of this case and 'hat does the courthold?
/re there circu%stances 'here courts have upheld'aivers?
Cnder 'hat circu%stances %ight a physician li%ithis9her scope of services?
s it 'orse if so%e physicians are forced into anotherspecialty if they are %orally opposed to aortion or ifso%e 'o%en are unale to otain an aortion 'henthey 'ant one?
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Terminating the Treatment RelationshipRi0s v. %udge and Payton v. +eaver
Page 1'' 4 1$!
What is the principal point of the la' of
aandon%ent?What is the underlying pre%ise of the doctrine?
What is the procedure to acco%plish%ent a
proper aandon%ent?
What e4plains the different outco%es in these
cases?
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