Ethical and Legal Issues in Health Care
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http://ezinearticles.com/?6-Key-Elements-of-a-Contract&id=3797811
In at least 500 of your own words, summarize how can a hospital be liable for the acts of a physician based on the concept of contract law? Provide an example from your research.
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Start My OrderRequired Textbook: Pozgar, G. (2021) “Legal and Ethical Essentials of Health Care Administration”, 3rdEdition, Burlington, MA: Jones & BartlettISBN: 978-1-284221794 or EBook: 978-1284055726
https://oig.hhs.gov/compliance/compliance-guidance/
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In the healthcare industry, hospitals and physicians have a legal relationship that is based on the concept of contract law. According to Pozgar (2021), a contract is an agreement between two or more parties that creates legal obligations for each party involved. In the healthcare industry, hospitals and physicians enter into contracts that outline the terms and conditions of their professional relationship.
A hospital can be held liable for the acts of a physician based on the concept of contract law if the physician is an agent of the hospital. An agent is a person who acts on behalf of another person or organization, and the actions of the agent are legally binding on the principal (Pozgar, 2021). In the healthcare industry, physicians are often considered agents of the hospital because they are authorized to act on behalf of the hospital in providing medical services to patients.
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One example of how a hospital can be liable for the acts of a physician based on the concept of contract law is when a physician is found to be negligent in providing medical care to a patient. In such cases, the patient can file a lawsuit against the physician and the hospital. If it can be proven that the physician was acting as an agent of the hospital when providing medical care to the patient, the hospital can also be held liable for the physician’s negligence.
For instance, a patient was admitted to a hospital and received medical care from a physician who was employed by the hospital. During the course of treatment, the physician failed to properly diagnose the patient’s condition, resulting in serious harm to the patient. The patient sued the physician and the hospital for medical malpractice. In the course of the trial, it was established that the physician was acting as an agent of the hospital when providing medical care to the patient. As a result, the hospital was held liable for the physician’s negligence.
In conclusion, hospitals can be held liable for the acts of physicians based on the concept of contract law if the physician is acting as an agent of the hospital. Hospitals should ensure that they have proper contracts in place with physicians to outline the terms and conditions of their professional relationship, and to ensure that the hospital is not held liable for the physician’s negligence. Hospitals should also have proper policies and procedures in place to ensure that physicians are providing quality medical care to patients.
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