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The Three Basic Duties

A cash-based medical practice or direct care provider has these basic duties:

  1. * to comply with statutory duties such as the drug laws
  2. * to obtain proper consent for medical care
  3. * to render care that is not substantially inferior to that offered by like providers

A breach of any of these duties that causes harm to a patient can result in a malpractice suit. While the first two duties are important, it is the duty to render good quality medical care that is the basis for most malpractice lawsuits. The breach of this duty is most likely to result in a serious patient injury. The prevention of such negligent injuries is the responsibility of the individual provider, but it also basic to the institution’s quality control program.

From the individual provider’s point of view, quality control involves continuing education, attention to detail, and retrospective review of the course of the provider’s patients. The process is only loosely structured and is usually poorly documented. This lack of formal structure is less important for the individual provider because the provider’s actions are judged only within the context of the injured patient in question (although previous actions may be used to negate claims of accidental injury).

Assessment

And so, the legal questions is whether the care rendered the injured patient was negligent. It is not relevant to the case if the provider carried out an effective personal quality control program.

Conclusion

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Yale University

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4 Responses

  1. NOW – Most Health Plans Provide Price Estimator Tools

    America’s Health Insurance Plans (AHIP) recently conducted a survey on health plan price transparency tools. Here are some key findings from the report:

    • Almost 3 in 4 health plans surveyed provide price estimator tools to members.
    • 39% of these plans launched their price estimator tools more than 3 years ago.
    • 4 in 5 of these plans choose which services to provide estimates for based on common procedures.
    • Most (71%) health plans provide estimates for physician services.
    • 58% of plans included cost estimates for prescription drugs.
    • 2 in 3 responding plans shared provider performance data with their enrollees.

    Source: American Journal of Managed Care, February 16, 2016

    Like

  2. Direct primary care

    An evidence-based dialogue is needed.

    http://www.kevinmd.com/blog/2016/11/direct-primary-care-evidence-based-dialogue-needed.html

    Ang

    Like

  3. Direct Care?

    A new kind of doctor’s office charges a monthly fee and doesn’t take insurance — and it could be the future of medicine

    http://www.msn.com/en-us/money/healthcare/a-new-kind-of-doctors-office-charges-a-monthly-fee-and-doesnt-take-insurance-%e2%80%94-and-it-could-be-the-future-of-medicine/ar-BByo4bI?li=BBnbfcN

    Mandy

    Like

  4. Yes, Patients Want to Discuss Pricing, Payment Options Before Treatment

    More than three-quarters of healthcare consumers say it’s important or very important that they know their costs before treatment, and 53% want to discuss financing options before care. But the vast majority of healthcare providers are not satisfying these demands, according to the HealthFirst Financial Patient Survey, a survey conducted by ORC International and commissioned by patient financing company HealthFirst Financial.

    Only 18% of the 1,011 US adults surveyed across the country said that any of their healthcare providers had spoken to them, at any time, about patient financing options in the past 2 years.

    Patients are especially interested in affordable payment programs, with 57 percent saying it’s important or very important that their healthcare provider offer ways to extend payments over time with no interest charged. Yet, just 8% received zero or low-interest financing from a healthcare provider.

    Source: Jeff Lagasse, Healthcare Finance News [9/15/17] via PMNews

    Like

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