Physician Responsibilities and A Breach of Contract - Research Paper Example

Responsibilities and liabilities for physicians al affiliation Responsibilities and liabilitiesfor physicians 1. Procedure for legal termination of physician-patient contract for hospital inpatients A contract between an in-patient and a physician may be terminated in the case of a relationship breakdown between the two parties, or other reasons such as relocation of one party. Miller (2008) argues that the physician should give the patient prompt notice for contract termination.

The physician should write a notice to the patient for contact termination depending on the needs of the patient. Legal termination of the contract involves making sure that the patient finds another physician to attend them. 1a. Physician’s duties after legal contract termination After the contract termination, the physician is expected to continue caring for the patient till the patient gains access to assistance from another physician. The physician should also offer the patient with resources to help find another physician.

Pozgar (2011) argues the physician should, with the written consent of the patient, transfer patient records to the new physician.1b. Role of an administrator in ensuring that patients are aware of the legal aspect of the physician-patient relationship The administrator of the hospital should give details on the legal boundaries of the physician-patient relationship. The patient should, for instance, be made aware that the contract between them and the physician is a fiduciary one, not financial.

Similarly, the administrator should ensure that the physician explains the difference between patient abandonment and legal contract termination to the patient. 2. Situations in which a physician may be liable for legal action due to strict liability In most cases, strict liability applies to product manufacturers whose products cause harm to patients but not to hospitals and physicians who use these products on patients. However, in some cases a physician may be liable to legal action if they use drugs, radiations, medical devices, and conduct blood transfusions using faulty products (Miller, 2008). 3a. Why it is easier for a patient to prove breach of contract as opposed to negligence, when a physician covering for the patient’s regular physician gives the patient medication that causes severe reaction In case a patient suffers damage at the hands of a physician who is covering for the patient’s regular physician, it is hard to press for negligence charges since it cannot be proven that the physician failed to provide the necessary care due to recklessness or heedlessness.

According to Miller (2008) a patient who suffers damage because of malpractice on the part of the covering physician can file a case for breach of contract. This is particularly the case when the regular physician fails to give enough reason for failing to attend to the patient. 4. Why a physician who uses a procedure different from the one promised to the patient may be liable for breach of contract The contract between a patient and a physician may be breached if the physician promises to use a specific procedure but uses an alternative one.

The breach of contract takes place because the physician fails to disclose information concerning the risks and consequences of the procedure to the patient. It is unauthorized to perform a procedure on a patient without their consent, especially if the procedure harms the patient. Such an action can be considered as taking advantage of the patient’s lack of knowledge and inexperience (Pozgar, 2011). 4a. How promising one procedure to a patient, then using another places a medical facility at risk and what the facility can do to protect itself In the event that a physician promises to use a certain procedure on a patient, such an action can place the entire medical facility at risk of being sued for negligence.

The failure to obtain the patient’s consent is tantamount to negligence. However, the medical facility can defend itself by arguing out that it is the duty of the physician alone to obtain the consent of the patient (Pozgar, 2011). Therefore, the facility should not be held responsible for the actions of the physician. ReferencesMiller, R. (2008). Problems in Health Care Law. London: Jones & Bartlett Publishers. Pozgar, G. (2011). Legal Aspects of Health Care Administration. London: Jones & Bartlett Publishers.