Student Post (Student Name Dayron Garay) Euthanasia .docx

Student Post
(Student Name: Dayron Garay)
Euthanasia
Euthanasia is the termination of a sick person’s life, since there
are in an end stage of an ill, where they are suffering,
and this method relieve them of their suffering.
In some cases the euthanasia is carried because the person who
pass away ask for it, but there are also some
others cases where the person can’t make such request, and it is
there where I disagree with this method of
ending person’s life.
This matter has been debated for many years and is surrounded
by religious, ethical and professional
considerations.
There are some ethical steps and questions that should be con
considerate before make a decision
Would be ethic or right end the life of a terminally ill person
who is undergoing severe pain and is suffering?
Under witch type of circumstance those euthanasia be
justifiable to be performed?
hould human beings have the right to decide on people’s life
and death?

I thing that euthanasia shouldn’t be allowed, even if it was
morally right or not, because that decision could be
abused and used as a cover for murder.
After made a quick research about this matter I would like to
provide some definitions that will give you a better
understanding of one of the different type of euthanasia.
Euthanasia comes in several different forms, each of which
brings a different set of rights and wrongs.
Active and passive euthanasia
In active euthanasia a person directly and deliberately causes
the patient's death. In passive euthanasia they
don't directly take the patient's life, they just allow them to die.
This is a morally unsatisfactory distinction, since even though a
person doesn't 'actively kill' the patient, they
are aware that the result of their inaction will be the death of
the patient.
Active euthanasia is when death is brought about by an act - for
example when a person is killed by being
given an overdose of pain-killers.
Passive euthanasia is when death is brought about by an
omission - i.e. when someone lets the person die.
This can be by withdrawing or withholding treatment:
Withdrawing treatment: for example, switching off a machine
that is keeping a person alive, so that they die of
their disease.
Withholding treatment: for example, not carrying out surgery
that will extend life for a short time.

Reference
https://www.britannica.com/topic/euthanasia
http://www.usccb.org/issues-and-action/human-life-and-
dignity/end-of-life/euthanasia/index.cfm
https://www.britannica.com/topic/euthanasia
http://www.usccb.org/issues-and-action/human-life-and-
dignity/end-of-life/euthanasia/index.cfm
Law, Liability, & Ethics
For Medical Office Professionals
Sixth Edition
Chapter 5
What Makes a Contract
Copyright © 2018 Cengage. All Rights Reserved.
Objectives (1 of 2)
Explain the elements necessary to make a contract
Recognize how oral contracts can be formed

Explain the difference between express and implied contracts
Objectives (2 of 2)
Identify who can and who cannot be a party to a contract
Describe the law of agency
Identify the various ways to terminate a contract
Recognize patient-related contracts that you will encounter
Contracts, In General
Doctor–patient relationship is contractual
Person making the appointment is the doctor’s agent in forming
a contract
Elements of a Contract
Offer
Acceptance
Consideration
Mutual agreement
Consideration

In a medical community, the accepted term for consideration is
fee for service
Fee is the cost to the patient for the physician’s services
Service is the cost to the physician for the patient’s fee
Mutual Agreement
Clear understanding between the parties is known as mutual
agreement
Both party who makes offer and one who accepts must be
thinking and saying the same thing
Types of Contracts
A contract may be either implied or express:
Implied are contractual obligations by some action or inaction
without verbally expressed terms
Express are an actual agreement between the parties, the terms
of which are
openly stated in distinct and explicit language, either orally or
in writing
Capacity of Parties (1 of 2)
A person with a legal disability cannot form a contract because
a contract cannot be made by or enforced against a person who
does not have the legal capacity for mutual assent

Capacity of Parties (2 of 2)
Considered legally disabled:
Minors
Incompetent persons
Individuals under influence of a drug that alters their mental
state
Persons under duress
Persons under undue influence
Minors
Medical practitioners are liable for assault and battery of a
minor without the consent of the parents or guardian
A minor is any person under the age of majority in that state
Physicians are not liable for treating minors without the consent
when a medical emergency exists, and it is dangerous to delay
the treatment in order to obtain the consent
Emancipated Minors
In most states, a person can become emancipated from legal
restrictions of being a minor by:
Marrying
Becoming a parent
Joining armed forces

Living away from home
Statutory Adults
The term “minors” has been redefined as “statutory adults” at
the age of 14 for the purpose of receiving medical care
Statutory adult is regarded as similar to an adult for the
purposes of consent, privacy, confidentiality, and access to
medical records, while parents may still be financially
responsible for the cost of care
Mature Minors
A non emancipated minor in mid- to late-teens who has the
intelligence and emotional maturity to be able to grasp the
information necessary to make an informed decision
Constitutional Law Issues
Minors are persons and, as such, enjoy rights that belong to
everyone from birth
One of these, constitutional right of privacy, is fundamental in
medical matters

Mental Incompetence
Exists when a party to a contract does not understand the nature
and consequences of contract at time that it is formed
Undue Influence
Occurs when one party in a contract improperly uses personal
power over the other to cause actions not in the second party’s
best interests
For example, when the physician uses the influential position to
form an agreement that is more beneficial to the physician than
to the patient, the physician is using undue influence
Agency
When a person agrees to work for and under the direction or
control of another, a principal–agent relationship is created.
Principal (employer)
Agent (employee)
Termination of Contracts
A contract between a physician and a patient can be terminated
in several ways:
The parties can mutually agree to terminate the relationship
Physician must provide reasonable notice of the physician’s

intention to withdraw
Breach of Contract
Occurs when one of the parties does not keep a promise:
By not performing
By not paying for services
By not keeping to schedule
By not doing procedure as had been agreed
When one party prevents the other party from performing
Statute of Limitations
Defines the length of time a plaintiff has before he or she may
no longer file a suit after injury
Who Pays?
The relationship between physician and patient still remains
contractual in nature.
Physician provides the service, and the patient pays the fee,
usually a copayment or deductible.
The patient who receives treatment is responsible for payment
even if someone else requests the services.

Health Care Advance Directives
Patient Self-Determination Act
Comprehensive health care advance directive includes both
Living will
Health care power of attorney
Comprehensive health care advance directive is favored
DISCUSSION POST DIRECTIONS
Very important component of our course and worth 50% of your
final grade. That's right, HALF of
your final grade will come from the discussion board activity,
so do not disregard the importance
of this assignment.
Assignment Requirements:
Discuss it thoroughly. It must be
between 150 to 250 words. Do not exceed the word count, but
do not fall short of the 150 word
requirement.This post must be in your own words. Any
instances of copied material from ANY
source will result in an automatic zero for the offense and an F

in the course for the second one,
plus a permanent notation in your academic record, which will
seriously affect any future
employment prospects where background checks are conducted
(which in today's job market,
includes every single employer). These posts are due by
Sundays of Weeks I, 3, 5, and 7.
example (i.e. create a "story" that applies
the concept). For example, if a students discussed the rules of
searching a vehicle trunk, you are
to provide an example (i.e. a little story) of a police officer
conducting either an illegal or a legal
search of a vehicle trunk. This learning process is called
"application" and will enhance your
critical thinking skills. This forces you to "think", not just to
memorize and regurgitate material,
which any circus-trained monkey can do. The goal is to prepare
you for the real world, which will
expect you to think independently. If you are ready to submit
your second post, but there are
insufficient initial posts for you to choose one, then you can
pick a topic from the reading
assignments and simply provide an example (i.e. an
example/story) for that topic. There is no
word count for these posts.
assignment and explain it thoroughly,
the same as "Post 1"
Let me further clarify: you will repeat the process twice during

the two-week unit. Posts 1 and 2 are
during the first week of the unit and posts three and four are due
during the second week of the unit.
However, I will not be deducting points for failing to meet these
deadlines during Unit I, as I understand
there are textbook issues and scheduling issues which can cause
delays. As long as you submit four
posts by the end of Unit I, then you will be fine. However, all
deadlines will be strictly enforced for Units II,
III, and IV.
Grading Criteria:
Detail of discussion. Accuracy of
content. Label the subject line of your post: Post 1 or Post 3
content application. Label the
subject line of your post: Post 2 or Post 4.
Sixth Edition
Chapter 6
Medical Malpractice and Other Lawsuits

Objectives (1 of 2)
Distinguish between a cause of action for negligence and
malpractice
List the elements of a medical malpractice lawsuit
Identify when there has been breach of duty to patient based on
inappropriate standard of care
Analyze the legal cause of a patient's injury and assess
accountability of the employee
Give examples of the defenses available to the defendant
Identify the legal, moral, and ethical aspects of informed
consent
Objectives (2 of 2)
Recognize the need for malpractice insurance
Analyze emergency situations and determine whether a situation
is covered by a Good Samaritan statute
Distinguish between invitees, licensees, or trespassers and the
duty of care owed to them for maintenance of equipment and
premises
Define strict liability in tort
Identify a product liability cause of action
Practicing Medicine
The practice of medicine generally held to mean:

diagnosis, treatment, and/or prescription for prevention or cure
of any human disease, ailment, injury, deformity, or physical or
mental condition
To practice, a license is needed
Medical assistants are not licensed or certified to practice
medicine
Negligence or Malpractice?
Negligence
not doing something that a reasonable person would do
Malpractice
any professional misconduct and implies a greater duty of care
to injured person than reasonable person standard
Elements of a Medical Malpractice Lawsuit
To have a medical malpractice lawsuit, patient must show:
There was a relationship between physician and patient
This relationship established duty by the physician to the
patient
The duty had been upheld at a professional standard of care
The physician breached duty to the patient
The patient had a resulting injury
The physician’s breach was the proximate cause of the patient’s
injury

Relationship
Relationship between the physician and the patient is
established by contract law
It must be shown that:
The patient consulted the physician for medical advice; and
The elements of a contract were met:
Offer
Acceptance
Consideration
Mutual assent
Res ipsa loquitur
Means “the thing speaks for itself”
Requires following three conditions:
Accident would not have occurred if reasonable care had been
used
The defendant had exclusive control over cause of injury
The plaintiff did not contribute to the occurrence of an accident
Informed Consent
Physicians are often sued for malpractice because of:
Failure to adequately inform patients of drug reactions, possible
adverse surgical results
Failure to adequately information patients of alternative forms
of treatment

Ethical and Moral Implications
Drugs/procedures are in the research phase and physicians are
experimenting on patients
Patients do not want to hear bad news from the physician.
A patient often does not remember what is said
A patient may selectively remember comments by the physician
The sicker the patient, the less accurate memory for details of
pending treatment
The less educated the patient, the less accurate the recall of
information
Impact of Medical Malpractice Suits
It is a devastating experience for physicians to be sued by
patients for whom they have done their best. Physicians:
May feel that everyone is pointing a finger
May feel disgraced in community
May be afraid that one claim of poor treatment will negate all
the good performed in a lifetime
Emotional tension increases in the home as a result of stress.
Economics
Malpractice crisis contributes to deterioration in the doctor–
patient relationship, and it contributes to spiraling cost of
medical care

Negative Defensive Medicine
Some physicians:
Are shying away from treatment of difficult cases
Refuse to take emergency room duty
Do not attempt new procedures
Do not employ new drugs
Refuse to treat certain classes of patients (primarily obstetric
and orthopedic cases)
Analysis of the Problem
Objective is injury suffered by the patient
Subjective is alienation, anxiety, frustration, and potential anger
in the patient
Risk Management Issues in the Medical Office
Manage patient relationship
Professional staff
Lack of Empathy
Empathy is one level deeper than understanding

Empathy requires vicariously experiencing the feelings and
thoughts of another person
Fee Discussions
Some patients fear to initiate subject of fee, because:
They fear physician may disapprove of them
They believe physicians are not involved with finances
They do not know how to discuss money
Defenses to a Medical Malpractice Cause of Action
Five defenses available to a defendant in a medical malpractice
cause of action:
Statute of limitations
Contributory negligence
Comparative negligence
Assumption of risk
Emergency
Contributory Negligence
Any unreasonable behavior on the part of patient that
contributed to case of injury

Malpractice Insurance
Frequently makes headlines because of rising costs to health
care providers
Is required for a professional practicing medicine
Hospitals, health care facilities, doctors, and other health care
employees carry malpractice insurance
Product Liability
A manufacturer is obligated to provide:
Adequate directions for use of a product
A warning of any untoward results
Strict Liability
Used in product liability cases where:
The seller is liable for any and all defective or hazardous
products that unduly threaten a consumer’s personal safety.
Product is defective and unreasonably dangerous
Premises Liability
Property owners must observe certain standards of care for the
protection of others, regardless of whether they come onto the
property legally or not

Persons coming on property are classified as their invitees,
licensees, or trespassers
Sixth Edition
Chapter 4
Criminal Acts and Intentional Torts
Objectives
Summarize the various felonies described in the text
Identify behavior that is classified as criminal
Recognize some of the indicators of an abused child or elderly
person
Explain what types of abuse mandates reporting
Distinguish between criminal and civil causes of action
Describe the various types of fraud

Criminal Acts
A misdemeanor is an offense classified lower than a felony
Generally punishable by a fine or imprisonment other than in a
penitentiary
A felony is defined as a crime of grave or more serious nature
than those designated as misdemeanors
Punishable by death or imprisonment for a term exceeding one
year
Robbery
An individual is guilty of robbery if, while carrying out theft,
the victim is physically injured or has been threatened and put
in fear of bodily injury
Murder
An act done with intent to kill the victim
Attempted Murder
To prove that a defendant is guilty of an attempt, three things
must be proven beyond a reasonable doubt:
That the defendant had specific intent to commit that particular
crime
That the defendant took an overt act toward committing that

crime, which was part of carrying out the crime
That the defendant’s act did not result in a complete crime
Euthanasia
Act or practice of painlessly putting to death persons suffering
from incurable and distressing disease as an act of mercy
Manslaughter
Unlawful killing of another without malice
It is necessary to prove that there is wanton or reckless conduct
Conspiracy (1 of 2)
A conspiracy between two or more persons formed for purpose
of committing, by their joint efforts, some unlawful or criminal
act, or some act that is lawful in itself but becomes unlawful
when done by the concerted action of the conspirators
Conspiracy (2 of 2)
To prove a defendant guilty of the crime of conspiracy, three
things must be proven beyond a reasonable doubt:

That the defendant joined in an agreement or plan with one or
more other persons
That the purpose of the agreement was to do something
unlawful
That the defendant joined the conspiracy knowing of the
unlawful plan and intending to help carry it out
Larceny Is Stealing
To prove a defendant guilty of larceny, three things must be
proven beyond a reasonable doubt:
That the defendant took and carried away the property
That property was owned or possessed by someone other than
the defendant
That the defendant took the property with the intent to
permanently deprive that person of the property
Abuse
Three types of abuse may involve medical office personnel with
criminal investigating agencies:
Child abuse
Elder abuse
Domestic abuse
Reporters

Under state statutes, teachers and health care providers are
identified as mandated reporters
Behavioral Indicators of Child Abuse
Overly compliant, passive, keep a low profile, avoid
confrontation with parents
Extremely aggressive, demanding, and rageful behaviors caused
by the child’s repeated frustrations at not getting basic needs
met
Role-reversed “parental” behavior, or extremely dependent
behavior
Lags in development (—) child may fall behind norm for their
age in toilet training, motor skills, socialization, and language
development
Elder Abuse
Elder abuse is divided into five classifications:
Passive neglect
Active neglect
Psychological abuse
Financial abuse
Physical abuse
Domestic Violence

Abuse, physical or mental, that occurs within home
Violence is unjust and unwarranted exercise of force, usually
accompanied by vehemence, outrage, or fury
Sexual Assault
The United States Department of Justice defines sexual assault
as:
“… any type of sexual contact or behavior that occurs without
the explicit consent of the recipient. Falling under the definition
of sexual assault are sexual activities as forced sexual
intercourse, forcible sodomy, child molestation, incest,
fondling, and attempted rape”
Fraud
Fraud is a deliberate deception intended to produce unlawful
gain
Examples include:
“Upcoding” procedures
Kickbacks for referrals
Filing false information
Billing for services not provided
“Renting” patients
Informants

An investigation is usually triggered by a tip
Tips come from Medicare carriers, peer review organizations,
state licensing boards, whistle-blowing physicians, ex-staff
members, and patients
Medical assistants may be considered co-conspirators with the
physician in fraud
Health Insurance Portability and Accountability (HIPAA) Act of
1996
Included in the Act is a provision requiring every health plan
and provider to maintain “reasonable and appropriate”
safeguards to ensure confidentiality of any health information
that:
Identifies the individual or relates to individual’s physical or
mental health
Is created or received by a health plan, provider, or employer
Embezzlement
Embezzlement occurs in the medical office when the assistant
handling payments from patients takes money and uses it for his
or her own purpose
In order to prove embezzlement:
There must be a relationship, such as employment between the
embezzler and the owner of money
The money must come into the hands of the embezzler because
of the relationship
There must be an intent to fraudulently misappropriate the
money

Illegal Sales of Drugs
In order to be found guilty of this offense:
The substance in question has to be a controlled substance
The individual being charged has to have a perceptible amount
of the substance on his or her person or have distributed some
perceptible amount with the intent to distribute it to another
person or persons
The individual must have done so knowingly or intentionally
Intentional Torts (1 of 4)
Assault and battery
Invasion of privacy
False imprisonment
False Claims Act
Defamation of character
Intentional infliction of emotional distress
Assault and battery
Any willful attempt or threat to injure another with the apparent
ability to do so
Invasion of privacy
Privacy is a constitutional right

False imprisonment
Intentionally confining a person without the legal right to do so
False Claims Act
Department of Justice (DOJ) civil fraud section recovers funds
in the health care arena
Defamation of character
Defamation of character occurs when one person communicates
to second person about a third in such a manner that the
reputation of the person about whom the discussion was held is
harmed.
Such a written communication is termed libel
Spoken defamation is slander
Intentional infliction of emotional distress
Tort of outrageous conduct
Unit II Overview

This chapter explains that there is a difference as to the severity
of misdemeanor
and felony crimes and that intent is the difference as to whether
the behavior is
labeled criminal or civil, intentional or negligent. You will
learn that if a patient is
injured from an act performed with premeditation and malice, it
is determined that
the defendant is a criminal; if a patient is injured because of an
aggressive act by
the defendant carried through without premeditation or malice,
the defendant is
accused of an intentional tort; and, if a patient’s injury simply
happened, the
defendant is alleged to be negligent. This chapter discusses how
statutes are laws
made by legislatures.
Statutes define which acts are criminal felonies or
misdemeanors and which acts
are civil torts. In addition, there are common law crimes:
murder, manslaughter,
rape, fraud, sodomy, robbery, larceny, arson, burglary, and
mayhem. Most cases in
medical malpractice fall within the civil law of torts. It will be
important for You to
understand that civil actions differ from criminal actions in that
in a civil action, one
party is suing the other party for damages because of an injury
committed by the
other party.
These are private, civil claims rather than public claims filed by
the state against an

individual. And, finally, you will learn that torts include the
intentional torts of assault
and battery, false imprisonment, invasion of privacy,
defamation of character,
intentional infliction of emotional distress, and negligence, and
the defenses
available to defendants accused of intentionally injuring
patients include privilege,
consent, self-defense, the defense of others, and error.
These resources provide additional real-life stories about crimes
that took place in
medical offices:
Hewlett, M. (2014, June 25). Employee at doctor’s office
accused of stealing
prescriptions. Winston-Salem Journal. Retrieved from
33Thttp://www.journalnow.com/news/crime/employee-at-
doctor-s-office-accused-of-
stealing-prescriptions/article_48d3362c-fc9a-11e3-ada7-
0017a43b2370.html33T
Department of Justice, U.S. Attorney’s Office, Central District
of California. (2016,
August 29). Two doctors faced with federal charges of illegally
writing prescriptions
for addictive narcotics connected to gang’s drug trafficking.
Press release.
Retrieved from 33Thttps://www.justice.gov/usao-cdca/pr/two-
doctors-face-federal-
charges-illegally-writing-prescriptions-addictive-narcotics33T
Department of Justice, U.S. Attorney’s Office, Central District
of California. (2017,
April 4). Gresham medical practice manager sentenced to prison
for false billing

and tax fraud. Press release. Retrieved from
33Thttps://www.justice.gov/usao-
or/pr/gresham-medical-practice-manager-sentenced-prison-
false-billing-and-tax-
fraud33T
Contracts govern almost everything we do in modern life and in
the workplace. This
chapter explains that a contract is a voluntary agreement
between two or more
parties that creates, modifies, or destroys a legal relationship.
The chapter also
discusses that employees are the agents of their employers and,
under the law of
agency, are able to contract for the principal; contracts made by
an authorized
agent are valid and enforceable; and, the principal is usually
held responsible for
any damages. In the contract between physician and patient, the
patient may desire
to change physicians before treatment has been completed or the
physician may
desire to refuse further treatment. This chapter explains how the
discharged
physician should memorialize the circumstances and conditions
of the discharge in
a certified letter sent to the patient. If a physician terminates
the relationship, further
provisions must be made for the care of the patient or the

physician can be found to
have abandoned the patient. And, finally, another type of
contract discussed in this
chapter is the comprehensive health care advance directive,
including the
provisions of a living will and a health care power of attorney,
among others.
These resources provide additional information about minors
making health care
decisions:
• Jackson, M. K., Burns, K. K., & Richter, M. S. (2014, June
26). Confidentiality and
treatment decisions of minor clients: A health care
professional’s dilemma & policy
makers challenge. Singerplus, 3. Retrieved from
33Thttps://www.ncbi.nlm.nih.gov/pmc/articles/PMC4094761/33
T
The American Civil Liberties Union of Ohio. (2014). Your
health: A guide for teens
and the law (7th ed.). Retrieved from
33Thttp://www.acluohio.org/wp-
content/uploads/2014/06/TeenHealthGuide.pdf33T
When one person hurts another without intent, the legal cause of
action is
negligence. This chapter explains that negligence by a
professional is known as
malpractice. The difference between negligence and malpractice
is the standard of
care required of the injuring party. You will learn that if the
defendant is a layperson

who is held to the reasonable person standard, the act (or failure
to act) is
considered “negligence”; and, if the inflicting party is a
professional who is held to
the standard of a professional with prescribed education,
training, and experience,
the act (or failure to act) is considered “malpractice.”
Medical assistants are hybrid health care professionals. You
will learn that
receptionist and secretarial duties are categorized under a
layperson standard, and
clinical tasks may be labeled professional. In either case, the
responsibilities extend
the effectiveness of a physician and are delegated by the
employer. It will be of
great interest to you that some malpractice lawsuits can be
avoided simply with
better communication. This chapter explains that informed
consent requires that a
physician communicate information to a patient regarding the
treatment he or she is
about to receive.
The patient has a right to refuse treatment; therefore, the
physician must provide
enough information to allow the patient to make an informed
decision. Only a
physician can accept consent from a patient. It is important for
you to know that the
medical assistant performs the duties of preparing and filing the
consent forms, as
well as listening and observing to determine whether the patient

understood and
accepted the proposed treatment plan. Medical malpractice
insurance is available
to cover monetary awards against a defendant. Medical
assistants may or may not
be covered under a physician’s insurance.
You will want to know that insurance is available for the
protection of a medical
assistant. This chapter enumerates five defenses available to a
defendant in a
medical malpractice cause of action: tolling of the statute of
limitations, contributory
negligence, comparative negligence, assumption of risk, and
emergency. And,
finally, you will learn that different standards of responsibility
are required for
trespassers, licensees, and invitees. The standard of property
maintenance for a
trespasser is reasonable care. The standard of maintenance
increases for
licensees. The highest standard of maintenance is due to
invitees and requires
affirmative behavior on the part of the landlord or occupier to
warn the invitee about
dangerous conditions or activities that are known or could be
discovered with
reasonable effort.

Student Post (Student Name Dayron Garay) Euthanasia .docx

Student Post (Student Name Dayron Garay) Euthanasia .docx

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