Running head: LAW AND HEALTH CARE SYSTEM ADMINISTRATION
October 27, 2013
Justify your position about the importance of the physician-patient and hospital-patient relationships.
The doctor–patient relationship has been and remains a keystone of care: the medium in which data are gathered, diagnoses and plans are made, compliance is accomplished, and healing, patient activation, and support are provided. To managed care organizations, its importance rests also on market savvy: satisfaction with the doctor–patient relationship is a critical factor in people's decisions to join and stay with a specific organization.
A patient ...view middle of the document...
Determine how contract principle and breach of warranty apply to the health care setting.
One form of contractual provision in the health care setting that has been consistently repudiated by the courts is the exculpatory clause. Such clauses are an effort by health care institutions or professionals to force patients to waive their right to pursue professional liability claims arising out of the care about to be provided. Even in instances in which the quid pro quo has been the provision of free care, courts have ruled such clauses to be invalid because they are considered to be against the public interest.
Courts have shown themselves to be amenable to partial limitations on the right of patients to sue under special circumstances. A typical example would be a form signed by the patient releasing the physician and health care institution for liability for the adverse consequences stemming from the patient’s refusal of a particular intervention, such as a blood transfusion. A relatively new form of contract that has received increasing attention, particularly in the pain medicine community, is known as an opioid contract.
With the increased emphasis upon the importance of effective assessment and management of pain to quality patient care, and the growing acceptance. One area that has proven to be fertile for breach of warranty claims against physicians is sterilization procedures. A statement that the procedure (bilateral tubal ligation) was permanent and a patient as a warranty might reasonably interpret irreversible that, if properly performed, the patient will be assured of never becoming pregnant again.
Since there is a small but recognized statistical possibility that even a properly performed tubal ligation or vasectomy may not render the patient permanently unable to procreate, physicians must be very careful how they frame their representations to patients, and carefully document in the medical record what they actually do say. From a risk management perspective, physicians would be wise to consider providing the patient with a written explanation about the procedure that clearly disclaims any guarantee or results, and then document in the record that the patient acknowledged having received, reviewed, and understood its contents.
Analyze the four (4) elements of proof necessary for a plaintiff to prove negligence.
The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation.
After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts will use the standard of a reasonable person when it comes to this question. Specifically, this means...