OPTO LAW

OPTOMETRIST-PATIENT RELATIONSHIP (script)

(1) The optometrist-patient relationship is a crucial component of providing

effective eye care and ensuring overall eye health.

(2) Ethical and Legal aspects of the relationship, Types of optometrist-patient

contractual relationship, Duties and Obligations imposed on the
optometrist in an optometrist-patient relationship, and Commencement
and Termination of the optometrist-patient relationship.

(3) (read ppt) There are certain moral, professional and ethical obligations
imposed upon the optometrist as he assumes the practice of his
profession. Most important of these are his ethical and professional
relationship with his patients.

(4) 1. In dealing with his patients, his act should be characterized by

patience. Defects of disposition or flaws of character observed in patients
during attendance should be held in TRUST and should never be revealed
except when imperatively required by the laws of the state.
2. The optometrist should be frank and respectful to the patient.
3. He should use his best judgment in the appraisal of the patient's visual
condition.
4. He should give his patients timely notice of manifestation of disease. He
should assure himself that the patient or his family has such knowledge of the
patient's condition as will serve the best interests of the patient.
(5) The compensation and fees that an optometrist receives are based in
general on the type of the service and the skill and knowledge involved in
rendering the professional service.
The optometrist should always act in a respectful and ethical manner, doing
everything he can to maintain the respect and reputation of his profession. When
dealing with new information or situations, he should approach them scientifically,
comparing them to what is already known and accepting only what is true based
on the best available knowledge and evidence.

(6) Solis ( Medical Jurisprudence) states that the relationship between the

physician and his patient is CONTRACTUAL.

A contract is the meeting of the minds between persons whereby one binds

himself with respect to the other to give something or to render some services.

The patient engages the services of the optometrist and latter agrees to render

such service.

(7) here are the natures of the relationship: consensual and fiduciary.

It is consensual- there is mutual consent of both the optometrist and the px. The

optometrist consents to render optometric service to the px and the px agrees

to accept such services. (example: This agreement includes comprehensive eye

examinations, prescription eyeglasses or contact lenses, and any necessary

follow-up care.) willing mo provide ang optometrist..

It is fiduciary- the contractual relation is based on mutual trust and

confidence in one another.

(8)A contractual relationship between the optometrist and the px must satisfy

the following conditions:

1.There must be an element of consent by the contracting parties.

- This kind of permission is demonstrated by the agreement that the patient and

the optometrist make about the type of optometric service that will be

provided, and it should be voluntary in nature. The contractual relationship is

voidable if there is proof of fraud, intimidation, error, or undue influence

throughout the consent-obtaining process.

2. There must be an object as the subject matter of the contract.

- To put it in a simple words, In this situation, the thing that the contract is all

about, between the optometrist and the patient, is the optometric service that

the patient wants the optometrist to provide. This thing (the service) must be

clear, legal, and something that can be exchanged in regular business (not

something unusual or prohibited).

3. There must be cause or consideration.

(9) Types of optometrist-px contractual relationship.

1. Expressed contract- when the nature and extent of the optometric service to

be rendered by the optometrist and the remuneration to be given by the px is

explicitly stated orally or in writing.

2. Implied Contract- read the ppt, This is an understanding that exists between the

optometrist and the patient even if they didn't explicitly discuss it. It's something that is

assumed based on their actions or behavior, and it's considered fair and reasonable under

the law.

(10) read the ppt

(11) Duties and obligations imposed on the px

1. He should possess the knowledge and skill which is expected of an average

optometrist.

2. He should use such knowledge and skill with ordinary diligence.

(13) The application of the concepts of "locality rule", "similar locality rule", or

"national standard of care" may depend upon the state of development of a

locality, region or country especially in regard to communication, (The way rules

about how things should be done in a particular area, like in healthcare, can
change depending on how advanced and connected that place is. It

depends on factors like how easily people can communicate, travel, and

access services in that area, whether it's a small local place, a similar local area,

or a whole country. transportation, and accessibility of facilities.)

*read ppt*

After national standard of care- the quality of px care is more standardized on a

nationwide scale in a country where communication and transportation facilities

are well developed and where practitioners have easy access to each other .

(13,14,15,16) read sa book lang

(17)It is important to determine the commencement and termination of the optometrist-

px relationship in order to establish the liability of the optometrist and to know his

obligation to comply with the legal duties and responsibility to the patient.

(18,19) read sa book

(20) It is important to determine when the optometrist-px relationship is terminated

because this is also the moment when the duties, obligations and responsibilities

imposed on the optometrist to the patient also terminates. (example: When Mr. Smith's
last eye examination was conducted and he received his updated prescription, that

marked the termination of the optometrist-patient relationship. At this point, the

optometrist's duty to provide ongoing care, maintain records, and offer follow-up

services also concluded, as he had fulfilled his obligations as Mr. Smith's optometrist.)

(1) Read sa book or ppt- The patient might have to agree if the optometrist wants to

stop treating them, unless there's no other choice due to physical reasons. But in

both situations, the patient should be told about it.