Laws Affecting Health Care Name Instructor Task Date There are several laws that affect the health care professionals and these laws are such as tort law, criminal law, and contract law. The law that affects the legal professionals most directly is contract law…
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Finally, we shall have a study of how the law and ethical issues operate together. A contract takes the form of an agreement that can be written or oral. The agreement has binding obligations that should be upheld by both parties. A contract thereby draws down the limits and creates an enforceable agreement. For a contract to be legally enforceable, it must contain an offer, consideration and an acceptance (Pozgar, Santucci, 2010, pp. 197). The parties should be made aware of the offer for them to be able to consider it and finally make an acceptance. Once there is an acceptance, a contract is usually formed but without an acceptance, there can be no contract. This is where the problem arises. Contracts exist in several forms. There are employment contracts whereby an employer is able to terminate the contract of an employee if he has justified reasons to do so but in this case, we find that there is a collective bargaining agreement that limits the right of an employer to terminate that of an employee. There are also exclusive contracts. These are the kinds of contracts that an organization enters into with medical groups and physicians so that they can be able to provide a particular service. An example of such a contract is the Tennessee code (Pozgar & Santucci, 2010, pp. ...
Such contracts are at times very strict as their terms could provide very harsh requirements that provide that an employee after a terminating an employment contract with the hospital will not be allowed to work within a certain mile radius with the former hospital that he was working in unless there is an express consent from the former hospital that he or she was working in. This affects legal professionals, as they are not able to find employments in certain hospitals. This is exemplified by the case of Washington County Memorial Hospital .vs. Sidebottom. The case involved a nurse who entered into an employment agreement with the Washington County Memorial Hospital. The employment agreement had a clause in it which provided that for a period of one year from the time of her termination, the nurse was not allowed to involve herself in any nursing practices anywhere within a fifty mile radius unless with the consent of the hospital. The hospital declared that it would no longer need the services of the nurse if the services that she provided could later on be provided the hospital. The nurse further entered into another agreement in 1998 but it lacked the competition clause with an automatic renewal of two years unless her employment was terminated (Pozgar, Santucci, 2010, pp. 200). Such collective agreements are meant to protect the revenue of the organization by protecting their patient base. What a person should be capable to establish is that the employee can be able to influence the patients in the organization. This then makes the agreement enforceable. Ethics is seen as a reflection of morality (Purtilo, 2009, pp. 49).Ethics is the right
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