HA550 Unit 5 Assignment-speaker notes
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Purdue Global University**We aren't endorsed by this school
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HA 550
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Law
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Dec 21, 2024
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HA550 Unit 5 Assignment Speaker NotesSlide 2-Contract law stipulates four essential conditions that must be satisfied for a contract to be considered valid. Firstly, all parties involved must possess the legal capacity to enter into a contract and must achieve a "meeting of the minds," which signifies that there is a mutual understanding and agreement regarding the terms of the contract. The subsequent two conditions pertain to the necessity of consideration and the legality of the contract's purpose. Slide 3-Consideration refers to the obligation of all parties to fulfill their respective commitments, which may involve the transfer of funds or the performance or non-performance of specific actions as outlined in the contract. Furthermore, the contract must serve a legal purpose to be deemed valid. It is important to note that contracts, including those established through verbal agreements, are legally enforceable, as they create an obligation to adhere to the agreed-upon terms. Whenever an individual, business, or entity consents to undertake an action or to exchange or pay for something ofvalue, a contract is effectively formed. Examples of such agreements in business include bills of sale, purchase orders, and employment agreements. (Legal Dictionary, 2015)Slide 4-A condition refers to a stipulation that alters the rights and responsibilities of the parties involved in a contract, trust, statute, or any other legally acknowledged document. Contracts often incorporate various conditions that delineate the specifics of the agreement. Should one party neglect to fulfill or comply with a condition, the other party may have the right to seek damages or to rescind the contract. Conditions serve as a prevalent mechanism employed by trusts to govern the allocation of assets in accordance with the wishes of the grantor.Slide 5-Contract law plays a pivotal role in the dynamics of the physician-patient relationship within the healthcare sector; however, it is important to note that not all contracts are formalized in writing. Contracts may be implied, verbal, or documented. In many healthcare settings, implied contracts are prevalent, as patients seeking medical services are typically assigned a physician who is responsible for delivering care, followed by the expectation of payment. This relationship is underpinned by a mutual understanding, where the physician agrees to provide appropriate medical attention. If the physician failsto uphold this duty, the patient has the right to seek legal recourse (Showalter, 2017). Establishing a formal contract between the physician and the patient is crucial, as it cultivates trust in the physician's professional abilities. This standard may encompass various actions, including examination, diagnosis, and treatment, or the agreement to
HA550 Unit 5 Assignment Speaker Notesundertake these actions. A legal relationship is established as the physician develops rapport with the patient, obligating the physician to deliver care or to appropriately terminate the relationship if necessary. In such cases, the patient is responsible for compensating the physician, either directly or through their health insurance provider, forthe services rendered.Slide 6-The role of contract law in the dynamics between patients and physicians is crucial for ensuring that physicians fulfill their obligations by providing appropriate services while exercising their professional judgment and care. This legal framework guarantees that theservices offered are aligned with the best interests of the patient, thereby facilitating fair compensation for the physician's efforts. Additionally, contract law delineates the expectations of both parties, offering legal protection to all involved. This agreement allows the healthcare facility to manage billing through the patient's insurance, including programs like Medicaid or Medicare. According to the Emergency Medical Treatment and Labor Act (EMTALA), healthcare facilities are mandated to provide stabilization andtreatment to all individuals, irrespective of their financial circumstances or insurance coverage. EMTALA is a federal statute that healthcare organizations must adhere to, as noncompliance can result in significant legal consequences.Slide 7, 8, 9-An intentional tort is characterized by a purposeful action that leads to harm or injury to another person. This category of tort emerges when an individual acts with intent, indicating a deliberate choice to partake in wrongful conduct. In contrast, negligence pertains to an unintentional failure to take actions that a reasonable person would normally undertake in comparable circumstances. It occurs when an individual neglects to apply the requisite care or moral obligation expected in particular situations. In instances of strict liability, the plaintiff need only establish that a tort has occurred and that the defendant is liable for it. The legal framework identifies certain activities as inherently hazardous, thereby imposing strict liability on those who partake in such actions. This principle is applicable when an individual commits a wrongful act that causes injury to others, regardless of whether the act was performed with intent or negligence.Slide 10-A case centered on a breach of contract is typically more straightforward to establish, as itmainly involves identifying the terms of the contract and the actions of the parties involved to demonstrate that a breach has taken place. These components are relatively simple to articulate and present in a legal context. Conversely, developing a case for negligence tends to be costly, time-consuming, and intricate to prove, as it necessitates
HA550 Unit 5 Assignment Speaker Notesthe establishment of a duty of care in addition to the legal responsibilities of the individual in question. Demonstrating negligence is particularly difficult because it is frequently viewed as an intentional act, which can create considerable pressure and anxiety for both individuals and their organizations. In the context of healthcare, breachesof contract between physicians and patients may manifest as a physician's failure to deliver services with reasonable skill or to provide adequate care for a patient (Showalter,2017). A breach of contract could occur if a physician is not present at their designated duty location to attend to a patient as promised. If an injury occurs to the patient during the physician's absence, this situation exemplifies a breach.A patient may present evidence of a contractual relationship with their physician, alongside documentation of the injuries sustained. Establishing negligence necessitates that the patient demonstrate the occurrence of the four D's: duty owed to the patient, breach of that duty, a direct injury resulting from the breach, and subsequent damages. Among these elements, demonstrating that an injury was directly caused by a breach, leading to damages, can prove to be the most challenging aspect in negligence claims. To satisfy these two criteria, the patient must identify specific actions taken by the physician.Slide 11-For a robust negligence claim, it is essential that all four D's are established. When these elements are satisfied, a plaintiff in a malpractice lawsuit against a healthcare provider or organization can successfully demonstrate that negligence occurred. The four D's integralto a negligence claim include duty of care, dereliction of duty, direct causation, and damages. -Duty of Care: In the context of the specific circumstances, the defendant bore a legal obligation to the plaintiff. For instance, a medical professional is required to deliver competent care to their patients. The concept of Duty of Care, which pertains to the standard of care, is evaluated using the standard of a reasonably prudent person in cases of medical malpractice. This means that a physician's actions are compared to those of their colleagues rather than to the conduct of an average individual (Showalter, 2017).-Breach of Duty (Dereliction): The plaintiff is tasked with demonstrating that a breach of duty occurred, substantiating this claim with factual evidence and witness testimonies. The defendant is deemed to have violated this legal obligation through either a specific act or a failure to act appropriately. For example, one might assess whether the physician neglected their duties by not taking necessary actions or by engaging in improper behavior and whether such actions were intentional or unintentional. -Direct Causation: This concept involves establishing a clear connection between a physician's failure to meet their professional obligations and the harm suffered by the patient. The damages in these instances include both the psychological and physical distress that the patient experiences as a result of this breach. If the physician can
HA550 Unit 5 Assignment Speaker Notessuccessfully prove all four required elements, they may be found negligent concerning the patient, which could lead to significant legal consequences, including the potential forcriminal charges. -Damages: The plaintiffs experienced harm or injury due to the defendant's negligent actions. This aspect is essential for the court to award compensation to the plaintiff for the injuries incurred, typically provided in the form of monetary restitution. For example, compensatory damages may cover medical expenses related to healthcare, lost income, and costs associated with the repair or replacement of property.