Law and Healthcare System Administration - Assignment Example

For instance, a cancer patient may travel for long distances to receive treatment from a specific physician or a recommended facility. Although there has been a vast change in the clinical setting, the importance of relationship between physician-patient and hospital-patient has not changed. Thus, it is crucial for physicians and hospital facilities to have a good relationship with the patient to enhance quality health care (Entwistle and Oliver, 2006). A poor relationship between the physician and the patient can hinder the patient to trust the hospital or physician’s assessment and thus, lead to improper treatment and misdiagnosis.

There may be instances where the physician may refuse to offer adequate or quality services to clients. To Entwistle and Oliver (2006), a hospital should continuously sustain and build relationships with patients to be competitive in today’s society. As a hospital administrator, one should ensure that the needs and expectations of patients are met accordingly. Still, he should ensure that patients’ needs and interests are expressed by all hospital professionals and employees. How contract principle and breach of warranty apply in the health care setting According to Halfteck (2008), the contract between the patient-physician relationships can be stated or implied.

Regardless the option chosen, the physician should be responsible for treating the patient through the guidelines set by medical standards. When the patient pays for the medication and treatment, it is the responsibility of the physician to provide the needed or expected diagnosis. When a doctor fails to provide the treatment as per medical standards, then a breach of warranty or contract may emerge and this may prove fault in the medical procedures practised. For instance, if a patient complains of not receiving the treatment or the surgery he or she had requested, the patient may report the damages under the theory of breach of contract.

Another instance where the breach of warranty and contract principle may be applied in the clinical setting is in scenarios of using defective products. In contract obligations, the patients and doctors may voluntarily terminate their contracts. In such cases, the doctor may send the patient a licensed letter informing her or him of the termination date. After issuing a certified letter, the patient is not permitted to follow the physician’s orders and guidelines (Flower, 2006). Four elements of proof necessary for a plaintiff to prove negligence The four major elements of proof essential for a plaintiff to prove negligence are the legal obligation of care establishment, the breach of legal establishment of care, the infringe of legal task caused by injury, and proof of damages attributed by situations of negligence.

To qualify for the legal obligation of care, an individual must conduct herself or himself in a reasonable way that does not cause harm or risk to another person. When a person fails to take this responsibility, then he or she is liable for the crime if any injury occurs. To prove there was breaching of the legal duty, the plaintiff should provide adequate evidences that show how the physician neglected his or her responsibilities. Evidences from witnesses may solidify proves or evidences. To